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Tag: Arbitration and Conciliation Act

Constitution upholds arbitration neutrality, party autonomy

Supreme Court invalidates arbitration clauses in Lombardi Engineering Ltd v Uttarakhand Jal Vidyut Nigam Ltd. Deposit requirement and government-appointed arbitrators ruled unconstitutional

Literal or liberal interpretation in extending arbitration

By Sudeshna Guha Roy and Ayush Chaturvedi, Bharucha and Partners

Arbitrator autonomy still demands proper decision-making

In Batliboi v Hindustan Petroleum, the Supreme Court affirmed the arbitrator's right to interpret contract terms reasonably, barring award annulment

Arbitrator still in place despite unilaterally adjusting fees

By Sneha Jaisingh and Zashank Mehta, Bharucha & Partners

Supreme Court’s stand on unstamped arbitration agreements

By Ila Kapoor and Surabhi Lal, Shardul Amarchand Mangaldas & Co

Resolving an unstamped non-disclosure agreement

In a recent judgment, the Bombay High Court dealt with the issue of stamp duty on non-disclosure agreements containing an arbitration clause

A regional comparison of arbitration landscapes: India

By Ila Kapoor, Shruti Sabharwal and Surabhi Lal, Shardul Amarchand Mangaldas & Co in New Delhi

FICL discusses domestic and international commercial arbitration

Issues on institutional domestic and international commercial arbitration were discussed at a Federation of Indian Corporate Lawyers (FICL) event on 17 March

Separate cotton contracts do not unravel dispute decision

The Bombay High Court recently heard a petition under section 34 of the Arbitration and Conciliation Act, 1996

Council overrides arbitration agreement under MSMED Act

The recourse of referring to facilitation council would be available to parties only in the event of there being no clause in the contract that states that the resolution of a dispute shall be done by way of arbitration

References not enough to compel arbitration

Where there is merely a possibility of the parties agreeing to arbitration in the future, in contrast to an obligation to refer disputes to arbitration, there is no valid and binding arbitration agreement

Court not obliged to remit matters to arbitral tribunals

In a Supreme Court judgment it was held that section 34(4) of the Arbitration and Conciliation Act, 1996 can be used to record reasons for findings already produced in an award

Dispute resolution in India for Japanese companies

By Nishant Menon and Kavita Sarin, Kochhar & Co

Ignoring evidence renders an arbitral award perverse

By Karthik Somasundram, Bharucha & Partners

Arbitration gets support in validity and fraud challenges

By Sonam Gupta, Sneha Jaisingh and Saloni Gupta, Bharucha & Partners

Not happy

Enforcing foreign awards involving only Indian parties

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Bias towards enforcement of foreign awards

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners

When the appointment of a sole arbitrator is invalid

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Court rules committee of creditors is supreme

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners

Auditor’s professional lapses not fraud

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Unstamped agreements cannot trigger arbitration

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Are tenancy-related disputes arbitrable?

By Gerald Manoharan and Vishnu Vinayak, J. Sagar Associates

Amendments to India’s Arbitration & Conciliation Act

By Ravi Singhania and Gunjan Chhabra, Singhania & Partners

Enforcing foreign awards should be an easier task

By Sanjay Asher and Bhumika Batra, Crawford Bayley & Co

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