S. Ravi Shankar

Articles by S. Ravi Shankar

02 January 2018 at 11:03

Lawyers can issue notice under Insolvency Code - Supreme Court of India

  POSTED BY S. Ravi Shankar

In a recent Judgment delivered on 15th December 2017 in a matter between Macquaire Bank Limited (Singapore) and Shilpi Cable Technologies Ltd., reported as 2017 SCC Online SC 1493, Supreme Court of India reversed the Judgment of National Company Law

  0 comments |   158 Views

22 December 2017 at 16:51

Singapore High Court alters the Arbitration Agreement

  POSTED BY S. Ravi Shankar

In normal circumstances courts, do not alter any contract because parties have the supremacy to decide the provisions of a contract, however fair or unfair it may be. But many a times interpretation of arbitration clauses have been a challenge to the

  0 comments |   225 Views

18 December 2017 at 12:27

Plea not taken in the Arbitration cannot be raised in S.34 or in the SLP - SC

  POSTED BY S. Ravi Shankar

Arbitration is kept beyond the technical complex procedures prescribed in the Code of Civil Procedure & Evidence Act. Arbitration Procedure can be either decided by the parties jointly or by the arbitrator in consultation with parties, in case of

  0 comments |   142 Views

07 December 2017 at 10:27

Indian Law relating to Emergency Arbitrator

  POSTED BY S. Ravi Shankar

Introduction: Prior to 2010, parties using international arbitration as the dispute resolution mechanism did not have an effective procedure relating to interim relief. The most important reason for parties opting for international arbitration is the

  0 comments |   120 Views

27 November 2017 at 13:35

Indian Party by consent can choose a Foreign Court for resolving the dispute with a foreign party

  POSTED BY S. Ravi Shankar

Choosing a neutral seat of Arbitration, is an established and well recognized practice in the field of International arbitration. But normally parties cannot vest jurisdiction to a court, by consent when the said court does not have a jurisdiction by

  0 comments |   46 Views

21 November 2017 at 13:22

Order refusing to refer a matter to arbitration by the NCC can be challenged only in SC

  POSTED BY S. Ravi Shankar

In a recent Judgement of the Delhi High Court dated 07th November 2017 in a case between Emaar MGF land Limited Vs Aftab Singh reported as 2017 SCC Online Del 11437, High court dealt with an application filed under S.37(1) of the Arbitration and Conc

  4 comments |   287 Views

21 November 2017 at 13:22

Chinese Court (PRC) upholds the validity of “Arbitration or Litigation” Clauses

  POSTED BY S. Ravi Shankar

In most of the countries, if an intention of the party to go for arbitration can be traced from the dispute resolution clause between the parties, that clause is treated as a valid Arbitration clause. If there are dispute resolution clauses providing

  0 comments |   106 Views

26 September 2017 at 10:56

Arbitrators can determine their fees despite agreement between parties

  POSTED BY S. Ravi Shankar

The globally recognized foundation of arbitration is �party autonomy� because parties come forward to waive off their rights to approach the national courts. Party autonomy is not a simple decorative phrase; it is almost absolute in natur

  4 comments |   446 Views

25 September 2017 at 17:11

Prior award by the same arbitrator between the same parties cannot be a ground for bias

  POSTED BY S. Ravi Shankar

India has amended its procedural law, Arbitration and Conciliation Act,1996 by an amending Act, Arbitration and Conciliation (Amendment) Act,2015 with effect from 23rd October 2015. The said amending Act brought in the requirement of Arbitrators decl

  0 comments |   213 Views

22 September 2017 at 11:36

2015 Amendments to the Arbitration Act are not applicable to cases in which invocation happened prior to amendment

  POSTED BY S. Ravi Shankar

2015 Amendment Act to the Arbitration and Conciliation Act,1996 brought in many changes to ensure impartiality and independence of the Arbitrators. The above said Amendment Act, came into force on 23rd October 2015. The Amendment Act brought in a man

  3 comments |   406 Views


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