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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 ..
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 ..
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 ..
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 ..
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 ..
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 ..
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 ..
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 ..
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 ..
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 ..
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