S. Ravi Shankar

Articles by S. Ravi Shankar

03 October 2018 at 10:37

Court cannot remand an arbitration award to the tribunal suo motu

  POSTED BY S. Ravi Shankar

Even though arbitration is a private mechanism for resolving commercial disputes, the supervising courts have powers to supervise the arbitration and even to set aside an arbitration award on the grounds provided in the procedural law of the country.

  1 comments |   69 Views

01 September 2018 at 13:18

Negotiating an International Arbitration Clause - Part 2

  POSTED BY S. Ravi Shankar

Neutral Seat is a globally recognized concept that allows both the parties to the contract to choose a third country as the seat of arbitration. Such a neutral seat is selected, avoiding the countries to which parties to the contract belong to, as th

  0 comments |   104 Views

01 September 2018 at 13:18

Negotiating an International Arbitration Clause - Part 1

  POSTED BY S. Ravi Shankar

Normally, parties do not realize the importance of negotiating dispute resolution clauses, while signing the contract since the commercial team which negotiates contracts would be focusing only on the commercial terms. But, the dispute resolution cla

  1 comments |   103 Views

25 July 2018 at 10:45

Seat - Venue of Arbitration & Place of subject matter

  POSTED BY S. Ravi Shankar

In a recent judgement dated 11.07.2018, Delhi High Court in the matter of HII Life care limited Versus Happy Lectricals (2018 SCC Online DL 9814) held that in case of not specifying the seat of arbitration in the arbitration agreement by parties and

  0 comments |   174 Views

04 June 2018 at 11:12

Commencement & Limitation in Institution administered Arbitrations

  POSTED BY S. Ravi Shankar

Limitation law in India provides for a three years� limitation period to initiate/ commence a legal action from the date of breach of the contract or the date on which the continuing breach came to an end (Article 55 of the Limitation Act). It

  0 comments |   158 Views

04 June 2018 at 11:12

Selecting a suitable delay analysis method in construction arbitrations

  POSTED BY S. Ravi Shankar

Arbitrations arising out of construction and Infrastructure contracts normally have a claim relating to delay and disruptions that caused consequential loss to the contractor. Delays in construction projects can result in delayed completion of the pr

  0 comments |   153 Views

25 May 2018 at 17:14

Indian Court dismisses the Anti-investment treaty arbitration suit of Government of India

  POSTED BY S. Ravi Shankar

High Court of Delhi by a judgment dated 7th May 2018 dismissed the anti-arbitration suit filed by the Government of India (herein after GOI) challenging the 2nd investment treaty Arbitration proceedings initiated by Vodafone Group Plc (herein after V

  0 comments |   352 Views

25 April 2018 at 10:52

2018 Changes to Arbitration and Conciliation Act, 1996

  POSTED BY S. Ravi Shankar

Arbitration and Conciliation (amendment) Bill 2018: Union cabinet approved the Arbitration and Conciliation (Amendment) Act bill, 2018 proposing certain amendments to the existing Arbitration and Conciliation Act,1996 (herein after The Act), which is

  2 comments |   1212 Views

11 April 2018 at 11:45

International Arbitration in Japan

  POSTED BY S. Ravi Shankar

Japan is one of the major investor country in India and the commercial relationship between India and Japan are fast increasing, hence it is important to understand the fundamentals of Arbitration in Japan. In Japan, arbitration is not a preferred me

  3 comments |   222 Views

09 April 2018 at 10:37

Institutional Arbitration in India - Recent developments

  POSTED BY S. Ravi Shankar

A few days back the Union cabinet approved the Arbitration and Conciliation (Amendment) Act bill, 2018 which is declared as an important effort of the Government of India to encourage Institutional Arbitration and to make India a center of robust ADR

  2 comments |   406 Views


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