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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, ..
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 ..
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 ..
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 ..
India being a country of Adhoc arbitrations, the responsibility to manage the arbitrations also is on the arbitrators. The said Management of the case includes framing of arbitration procedure, arranging meetings, fixing deadlines, drafting of procee ..
Arbitration is the private dispute resolution mechanism which is proved to be an effective alternate to the regular National Court dispute resolution through litigations in India. To become an arbitrator, there is no requirement of a legal or technic ..
Even though arbitration is a private mechanism for resolving commercial disputes, the supervising courts have powers to supervise the arbitration and even to set aside an arbitration award on the grounds provided in the procedural law of the country. ..
Neutral Seat is a globally recognized concept that allows both the parties to the contract to choose a third country as the seat of arbitration. Such a neutral seat is selected, avoiding the countries to which parties to the contract belong to, as th ..
Normally, parties do not realize the importance of negotiating dispute resolution clauses, while signing the contract since the commercial team which negotiates contracts would be focusing only on the commercial terms. But, the dispute resolution cla ..
In a recent judgement dated 11.07.2018, Delhi High Court in the matter of HII Life care limited Versus Happy Lectricals (2018 SCC Online DL 9814) held that in case of not specifying the seat of arbitration in the arbitration agreement by parties and ..
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