Mini Summary Appeal to the Supreme Court arose against the order of the High Court which had held that the Arbitral Tribunal can recall its own order given under Section 25(a) of the Arbitration and Conciliation Act 1996,-The Arbitral Tribunal had terminated the Arbitration proceedings after the Claimant failed to submit the Statement of Claim… Read More An Arbitral Tribunal has the Inherent Power to Recall Its Order of Termination in the Event of Default in Filing the Statement of Claim under Section 25(A) of the Arbitration and Conciliation Act, 1996
Summary In the recent judgment of Chitaranjan Maity v Union of India, the Hon’ble Supreme Court of India dealt with the issue of whether the arbitrability of a dispute can be considered for the first time in an appeal, the Supreme Court relied upon its previous decisions and held that a question of jurisdiction is… Read More Arbitrability of dispute cannot be considered in appeal if not raised at earlier stage
News Update Appeal to the Hon’ble Supreme Court arose from the judgment of the Bombay High Court dated 27 October, 2015 where the issue was that the Hon’ble Bombay High Court had construed section 27(5) of the Arbitration and Conciliation Act, 1996, in a restrictive manner. In the present case, the interim order of the… Read More Tribunal can now file contempt in relevant court against parties violating its orders
Mini Summary– Application under Section 8 of the Arbitration and Conciliation Act, 1996- For referring disputes raised in the plaint to arbitration- discussion as to who is a judicial authority under Section 8- also discussed what constitutes a dispute. News Update: An application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred… Read More Mandatory To Raise An Application Under Section 8 Of The Act In Front Of A Judicial Authority Only And To Be Analysed In View Of Existence Of A Dispute.
Mini Summary– Application and reference to a larger bench of the National Consumer Disputes Redressal Commission (hereinafter referred to as NCDRC) was triggered by the amendment to Sub-Section (1) of Section 8 of the Arbitration of Conciliation Act 1996 — Issue was whether the Consumer Courts will have jurisdiction in view of a valid arbitration… Read More Builders Cannot Force Homebuyers To Go For Arbitration In Case Of A Dispute Despite The Presence Of A Valid Arbitration Clause In The Agreement.
Mini Summary- Petition under Section 34 of the Arbitration Act and Conciliation Act, 1996 – For setting aside arbitral award given by sole arbitrator- It was held that the Arbitral Tribunal cannot pierce the Corporate Veil in order to bind a non-signatory party to the Arbitration Agreement. News Update: In the recent case of ‘Sudhir… Read More Arbitral Tribunal does not have the power to pierce the Corporate Veil, so as to bind a non-signatory party to the Arbitration Agreement
We are pleased to announce that we have expanded Lexis® Practical Guidance portfolio with one more module – Commercial Contracts. Drafting vetting and negotiations is the most time consuming activity for any in-house counsel. In fact, maximum personnel are dedicated for this activity only. Reading a contract line by line and modifying it… Read More LexisNexis expands Lexis® Practical Guidance portfolio with new offering addressing Contract and Contract Clause Bank
01/06/2017 Delhi High Court in its recent judgment upheld that the court has power to terminate mandate of arbitrators, if the arbitrator persists to act despite of disqualification under section 14 of the Arbitration and Conciliation Act, 1996. The Hon’ble Delhi High Court in West Haryana Highways Project Pvt. Ltd. v National Highways Authority of India LNIND 2017… Read More Court’s power to terminate the mandate of an acting arbitrator
In an appeal against the impugned judgment of a court under section 34 of Arbitration and Conciliation Act, 1996, the Hon’ble Delhi High Court held that it cannot amend or modify an Arbitral Award nor can it give additional reliefs, it can only set aside the award. In the recent case of Angel Broking Ltd. v… Read More Courts cannot amend or modify arbitral awards
Complete practical guidance from expert practicing lawyers to help you increase productivity, improve practice efficiency and maximize billable hours New Delhi, March 17, 2017 – LexisNexis®India, a leading provider of content-enabled solutions, today expanded its Lexis® Practical Guidance portfolio with the launch of Alternative Dispute Resolution module, an online workflow-based solution for legal counsels and… Read More LexisNexis India expands its Lexis® Practical Guidance portfolio with a new module on Alternative Dispute Resolution