S. Ravi Shankar

Articles by S. Ravi Shankar

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 |   390 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 |   195 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 |   371 Views

21 September 2017 at 11:26

Documents having genesis with only a conciliation proceedings are Confidential in India

  POSTED BY S. Ravi Shankar

In India Arbitration and Conciliation felids are governed by Arbitration and Conciliation Act,1996 (The Act). The said Act determines the procedural aspect of Arbitration and Conciliation proceedings seated in India including the confidentiality of t

  2 comments |   149 Views

05 September 2017 at 16:50

HC grants injunction against a London seated investment arbitration

  POSTED BY S. Ravi Shankar

In a recent Judgment Union of India Vs Vodafone Group PLC United Kingdom (2017) SCC Online Delhi 9930 dated 22nd August 2017, Delhi High Court granted injunction restraining Vodafone Group PLC United Kingdom from taking any action in furtherance of t

  2 comments |   113 Views

22 August 2017 at 11:14

An award cannot be set aside because it is a non-speaking award

  POSTED BY S. Ravi Shankar

Even though the courts in India have consistently held that the Arbitrator is the final judge relating to finding of facts and relating to the interpretation of the terms of the contract. It is also have been a standard view that while exercising the

  3 comments |   200 Views

18 August 2017 at 11:12

Bank Guarantee can be released by an Additional Arbitration Award – Delhi High Court

  POSTED BY S. Ravi Shankar

One of the frequently encountered issue in arbitration proceedings is missing out of a claim and parties seeking remedy by way of an amendment to the award or by way of an additional award. Normally the scope of correction of the award under S.33 of

  0 comments |   263 Views

10 August 2017 at 16:40

Supervising court must pass a speaking order even while dismissing a challenge to an Arbitration award - Delhi High Court

  POSTED BY S. Ravi Shankar

All over the world, the supervising courts refrain themselves from interfering in an Arbitration award, for any other reason except those specified in the procedural law. Most of the Arbitration laws are similar to UNCITRAL Model law and hence the gr

  5 comments |   209 Views

19 July 2017 at 12:47

Requirements for proving 'inability to present the case' - Enforcement of foreign awards

  POSTED BY S. Ravi Shankar

In India law relating to enforcement of a Foreign award is quiet well settled but still many Indian parties, don�t want to miss the opportunity to resist enforcement of a foreign award against them. India�s procedural law is Arbitration a

  0 comments |   204 Views

17 July 2017 at 17:23

Venue of International Arbitration can be the Seat Also - SC of India

  POSTED BY S. Ravi Shankar

It is well settled in law that if parties choose a seat in an international Arbitration clause it will amount to choosing the procedural law applicable to the arbitration proceedings. In the same way, if the procedural law is specified in the Arbitra

  3 comments |   149 Views


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