Third Party Funding in International Arbitration: An Indian Perspective

Introduction With increasing cross-border transactions international commercial and investment arbitrations have also increased concurrently. Though, arbitration is the more efficient and time saving procedure (as compared to litigation in domestic jurisdictions) the exorbitant costs attached with it cannot be ignored. The concept of third party funding agreements has helped financially weaker claimants to successfully pursue... Continue Reading →

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A prior notice to the other party before filing application to set aside arbitral award under section 34(5) of the Arbitration and Conciliation Act, 1996 is directory in nature

Mini Summary The Hon’ble Supreme Court of India has finally settled the contentious question of whether the prior notice to the other party before the filing of application under section 34(5) of the Arbitration and Conciliation Act, 1996 is mandatory or directory in nature. Different high courts in the country were giving contradictory stands on... Continue Reading →

“Clash of the Titans”

Introduction The hullabaloo behind the Chambers; in the Court Rooms; and in the interiors of the fortress of the Parliament has tempted me to write on the present topic of discussion regarding the conflict between the top notch Judiciary v(is-a- vi) s legislatures of the nation. The issue that has arisen before us is that... Continue Reading →

Validity of designation of a place as a “Seat” with exclusive jurisdiction for arbitration proceedings

Designation of a place as a “Seat” alone for arbitration proceedings without the presence of an exclusive jurisdiction will not be enough to grant that “Seat” with exclusive jurisdiction in absence of the exclusive jurisdiction clause to that effect. Mini Summary A Division Bench of the Hon’ble Delhi High Court had the opportunity to decide... Continue Reading →

Seat of arbitration shall also have exclusive jurisdiction for regulating the arbitral proceedings

Mini Summary Irrespective of where the cause of action arose- where the agreement was executed- or where the parties have their principal offices- seat of arbitration shall have jurisdiction for purposes of regulating the arbitral proceedings. To view the full document, click @ https://bit.ly/2qYa3cp Updates powered by Singh & Associates, Founder— Manoj K. Singh, Advocates &... Continue Reading →

Applicability of Section 36 of the Arbitration and Conciliation Act, 1996 as amended by the Arbitration and Conciliation (Amendment) Act, 2015 on applications pending under Section 34

Mini Summary The Hon’ble Supreme Court was called upon to interpret the section 26 of Arbitration and Conciliation Act, 1996 (as amended by the Arbitration and Conciliation (Amendment) Act, 2015) insofar as to check the applicability of section 36 of the Arbitration and Conciliation Act, 1996, on the pending applications under section 34 of the... Continue Reading →

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