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Searching Content indexed under Arbitration & Dispute Resolution by Tuli & Co ordered by Published Date Descending.
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1
Tackling The Elephant In The Room: Role Of Courts Under The Amended §11 Of The Arbitration & Conciliation Act 1996
§11 of the Arbitration & Conciliation Act 1996 (A&C Act) stipulates the procedure for appointment of arbitrators.
India
24 Sep 2019
2
A Step Forward: The Arbitration And Conciliation (Amendment) Act 2019
The Arbitration and Conciliation Act 1996 was recently amended by the Arbitration and Conciliation (Amendment) Act 2019 and certain key reforms have been introduced.
India
2 Sep 2019
3
A Dispute Must Exist Prior To Issuance Of Demand Notice Under §8(1) Of The Insolvency And Bankruptcy Code
Given this judgment, corporate debtors will now need to be prompt in raising any disputes they have pertaining to claims made on them by Operational Creditors.
India
21 Aug 2019
5
The New Delhi International Arbitration Centre Ordinance 2019 – An Overview
The Bill was passed by the Lok Sabha on 4 January 2019 but it could not be cleared by the Rajya Sabha prior to the expiry of this year's budget session of Parliament.
India
11 Mar 2019
7
An Unsigned Written Arbitration Agreement Is Enforceable: The Supreme Court View In M/s Caravel Shipping Services Pvt Ltd v M/s Premier Sea Food Exim Pvt Ltd
The disputes between the Appellant, Caravel Shipping and the Respondent, Premier Sea Foods arose from a Bill of Lading.
India
3 Jan 2019
8
The Supreme Court lays down guidelines for determining interest to be awarded in arbitration.
The Supreme Court in its recent judgment in Vedanta v Shenzen Shandong Nuclear Power Construction Co has laid down guidelines to be followed by arbitrators for awarding interest in international commercial arbitrations which have a seat in India.
India
18 Oct 2018
9
Mandatory mediation prescribed prior to filing of commercial suits
The Commercial Courts Act, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill, 2018 ('Amendment Act') was passed by the parliament on 10 August 2018. Earlier on 3 May 2018 the government had notified the Commercial Courts Act, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Ordinance, 2018 ('the Ordinance') which has resulted in the Amendment Act.
India
21 Aug 2018
10
Supreme Court: An Arbitration Award Can Be Enforced At The NCLT
A full bench of the Supreme Court of India in Cheran Properties Limited v. Kasturi and Sons Limited & Ors.[1] has held that an award can be enforced even against a non-signatory to the arbitration proceedings.
India
14 May 2018
11
Cabinet Approves Changes To The Arbitration & Conciliation Act, 1996: Independent Body To Be Setup To Promote Institutional Arbitration
The ACI will be a body corporate and its Chairperson will be an individual who has been a Judge of the Supreme Court or Chief Justice or Judge of any High Court or any other eminent person.
India
9 Mar 2018
12
An appeal against the execution of a foreign arbitration award is not maintainable under Commercial Courts Act
A Division Bench comprising Justice R. F. Nariman and Justice Navin Sinha has in a recent decision in Kandla Export Corporation & Anr. v M/s OCI Corporation & Anr.
India
15 Feb 2018
13
Interim Award On Limitation Can Be Challenged Under Section 34 Of The Arbitration & Conciliation Act 1996
The Supreme Court in a recent decision in M/s Indian Farmers Fertilizer Co-operative Limited v M/s Bhadra Products has held that an award passed by an arbitrator, even on a limited issue of limitation...
India
26 Jan 2018
14
Arbitration Clauses Cannot Oust The Jurisdiction Of The Consumer Courts
It is well settled that arbitration agreements do not bar the jurisdiction of the National Consumer Disputes Redressal Commission ('NCDRC') and other consumer forums.
India
19 Jul 2017
15
Court's Powers Under §27 Of The Arbitration & Conciliation Act 1996 – Judicial Or Procedural?
A Single Judge bench of the Bombay High Court, in a recent judgment in Montana Developers Private Limited v Aditya Developers and Ors.
India
22 Aug 2016
16
The Supreme Court Of India Carves Out A Seventh Category Of Dispute Which Is Not Arbitrable
In its judgment of Booze Allen & Hamilton Inc. v SBI Home Finance Ltd. and Ors [ ] the Supreme Court of India had listed six categories of disputes which are non – arbitrable, these included (i) disputes which give rise to or arise out of criminal offences, ..
India
22 Aug 2016
17
Prospective Application Of The Arbitration And Conciliation (Amendment) Act 2015
The new amended Arbitration Act 2015 (‘Amended Act') was introduced on 23 October 2015 in the form of an Ordinance.
India
21 Jun 2016
18
Interpreting the BALCO judgment – The Delhi High Court Division Bench view in Priya Hiranandani Vandervala v Niranjan Hiranandani: May 2016
The Delhi High Court has recently interpreted the Supreme Court judgement in Bharat Aluminium Company v Kaiser Aluminium Technical Services Inc. (2012) 9 SCC 552 (‘BALCO') to lay down which courts would have jurisdiction for proceedings under the Arbitration and Conciliation Act, 1996 (‘Act').
India
10 Jun 2016
19
Employees of a Party Ineligible for Appointment as Arbitrator - The Delhi High Court view in Assignia-VIL JV (Assignia) v Rail Vikas Nigam Ltd: April 2016
The Delhi High Court has recently ruled that a party to an arbitration cannot nominate its serving or retired officer as its nominee arbitrator.
India
16 May 2016
20
Arbitration & Conciliation (Amendment) Act, 2015 Passed By Parliament
The Arbitration and Conciliation (Amendment) Act, 2015 ('Amendment Act') was passed by both houses of parliament in the winter session, pursuant to which it has received Presidential assent on 31 December 2015.
India
4 Jan 2016
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