S. Ravi Shankar

Articles by S. Ravi Shankar

11 November 2019 at 17:43

The impact of Arbitration and Conciliation (Amendment) Act, 2019

  POSTED BY S. Ravi Shankar

The impact of Arbitration and Conciliation (Amendment) Act, 2019

  0 comments |   259 Views

15 October 2019 at 10:53

Right to adduce evidence in the stage of challenging of an Arbitration award is available only in exceptional cases

  POSTED BY S. Ravi Shankar

In a recent Judgment dated 23rd September 2019, Supreme Court of India in the case of Canara Nidhi Limited Vs M.Shashikala and others (2019) SCC Online SC1244 set aside the Judgment of High Court of Karnataka which allowed the parties to adduce addit

  1 comments |   253 Views

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.

  1 comments |   608 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 |   373 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 |   441 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 |   429 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 |   231 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 |   144 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

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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

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