S. Ravi Shankar

Articles by S. Ravi Shankar


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 |   141 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 |   85 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 |   76 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 |   64 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 |   306 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 |   150 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 |   417 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 |   147 Views


20 December 2018 at 12:09

Limitation to Challenge an arbitration award cannot be extended

  POSTED BY S. Ravi Shankar

In a recent judgement (Simplex Infrastructure Limited Vs Union of India) dated 05.12.2018, Supreme Court of India dealt with the issue of condoning the delay in challenging an arbitration award under section 34 of the Arbitration and Conciliation Act

  1 comments |   153 Views


23 November 2018 at 16:00

Failure to determine the Seat of Arbitration

  POSTED BY S. Ravi Shankar

In a recent Judgment dated 25th September 2018, Supreme Court of India, in the matter of Union of India Vs Hardly Exploration and production (India) Inc reported as 2018 SCC Online 1640 allowed the petitioner to maintain an application seeking to cha

  1 comments |   313 Views








×

  LAWyersclubindia Menu