S. Ravi Shankar

Articles by S. Ravi Shankar

10 July 2019 at 12:50

Arbitration in People's Republic of China

  POSTED BY S. Ravi Shankar

People�s Republic of China (PRC) has developed a unique arbitration system which is closely monitored by the People�s Supreme Court (SPC), the highest Court of China. Even though PRC is a signatory to New York Convention[1], PRC is not a

  1 comments |   156 Views

25 June 2019 at 12:24

Writ Petition need not be entertained by a Court in view of an Arbitration Clause in the Contract

  POSTED BY S. Ravi Shankar

In a recent Judgment of Delhi High Court in the case of Apna Logistics[1] Hon�ble Justice Mr Vibhu Bakhru, held that even though Arbitration clause would not preclude the Court from exercising its Jurisdiction under Article 226 of the Constitut

  0 comments |   68 Views

10 April 2019 at 15:15

After Conclusion of arguments if an Arbitrator wishes to withdraw, the majority tribunal can proceed and pass the Award in India

  POSTED BY S. Ravi Shankar

An arbitral tribunal normally consists of either one or three arbitrators. In a three member, arbitral tribunal, the award may be passed by all the three arbitrators together or a majority award along with a dissent award. Normally, arbitrators meet

  0 comments |   163 Views

03 April 2019 at 11:55

Powers of Arbitrators to grant interest in India seated International & Domestic Arbitrations

  POSTED BY S. Ravi Shankar

All of us aware that Arbitrators have powers to grant pre-reference, Pendent lite and Post award interest to the awarded sum. But one of the challenges faced by the Arbitrators is the awarding of appropriate and legally sustainable pre- award, post a

  0 comments |   99 Views

25 March 2019 at 11:28

Former employee of one of the party to Arbitration 10 years back cannot be a ground for Removal of an arbitrator

  POSTED BY S. Ravi Shankar

Arbitration scenario in India got a great enthusiasm on 23rd October 2015 because of the amendments brought in to the Arbitration and Conciliation Act,1996 (Hereinafter �the Act�. One of the major changes brought in by the said amendment

  0 comments |   85 Views

04 March 2019 at 12:33

SC of India upholds the Limited scope of interference at the time of enforcement of a Foreign award and imposes cost of 30,000 USD

  POSTED BY S. Ravi Shankar

India is a Model law country and the procedural law of India, Arbitration and Conciliation Act,1996 (Herein after �The Act�) is enacted in the lines of the UNCITRAL Model Law[1]. In India, it is the settled law that a party can challenge

  0 comments |   72 Views

12 February 2019 at 16:35

If an Arbitration Award is set aside, arbitration can be initiated again

  POSTED BY S. Ravi Shankar

If an Arbitration award is challenged by a party and consequentially is set aside in a petition filed under S.34 of the Arbitration and Conciliation Act,1996, the losing party has every right to initiate a fresh arbitration again. Delhi High Court wh

  2 comments |   318 Views

08 February 2019 at 11:04

Black listing of contractor impermissible after losing an arbitration on the same issue

  POSTED BY S. Ravi Shankar

Black listing of a contractor is a weapon in the hands of the employer that can be used against a contractor for a breach of contract or any willful default to complete the project as per the contract etc., Most of the contracts have such provisions

  1 comments |   158 Views

11 January 2019 at 13:04

Limitation for statutory arbitrations in India

  POSTED BY S. Ravi Shankar

Limitation to initiate a legal action is a globally recognized concept. Law of Limitation provides for a time restriction for initiating a legal action to an aggrieved party seeking to establish a legal right. That means even though you have a right,

  0 comments |   454 Views

07 January 2019 at 12:29

Are we still looking for committed than competent Arbitrators?

  POSTED BY S. Ravi Shankar

Arbitration can be protected only by neutral and committed arbitrators but unfortunately none of us want to engage/ nominate an arbitrator who declares that he/she would be neutral always. Due to shortage of work, Arbitrators require canvas for their

  2 comments |   153 Views


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