S. Ravi Shankar

Articles by S. Ravi Shankar

13 September 2019 at 12:41

Allegations of fraud, criminal cases and arbitrability

  POSTED BY S. Ravi Shankar

In many cases, even though arbitration clauses are there in the contract, parties raise issues like fraud, forgery etc., and contend to the courts that matter is not arbitrable since the contract is vitiated or since it has become a criminal matter.

  0 comments |   294 Views

05 September 2019 at 15:37

Invoking Arbitration against Non-signatories

  POSTED BY S. Ravi Shankar

Normally arbitration is defined as a mechanism created by a Contract between parties but in certain circumstances, even non-signatories also were added as parties to the arbitration without their consent and awards have been successfully enforced aga

  1 comments |   291 Views

28 August 2019 at 17:15

The Arbitration and Conciliation (Amendment) Act, 2019

  POSTED BY S. Ravi Shankar

The Arbitration and Conciliation (Amendment) Bill, 2019 was introduced in Rajya Sabha (Upper House of Parliament of India) by the Minister for Law and Justice, Mr. Ravi Shankar Prasad, on July 15, 2019, Rajya Sabha passed the said bill on 18th July 2

  1 comments |   324 Views

13 August 2019 at 15:50

An Arbitration agreement in a void contract need not be Void

  POSTED BY S. Ravi Shankar

In some cases, at the stage of appointment of Arbitrator under S.11 of the Arbitration and Conciliation Act,1996 (The Act) or reference to Arbitration under S.8 of the Act, the Court may conclude that the underlying contract is void. In such cases, t

  1 comments |   395 Views

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

  2 comments |   210 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 |   127 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 |   177 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 |   119 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 |   93 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 |   94 Views


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