Section 11 of the Arbitration Act [“the Act”] confers power upon the High Court or the Supreme Court, as the case may be, to appoint arbitrator(s) on an application moved by the parties. Section 11(12)(a) & (b) clarifies that in cases pertaining to international arbitration, the arbitrator shall be appointed by the Supreme Court and… Continue reading Distinction between Section 11(5) & 11(6) of Arbitration Act
Tag: Arbitration
Arbitrability of Excepted Matters | Arbitration
“Party Autonomy” under the Arbitration and Conciliation Act [“the Act”] is the brooding and guiding spirit in arbitration proceedings. The Act confers upon the parties the power to take decisions upon various key aspects of the reference to arbitration viz. the place of arbitration, the venue, applicable law, the dispute and the procedure. All of… Continue reading Arbitrability of Excepted Matters | Arbitration
Can Arbitral Awards be modified?
Section 34 of the Arbitration and Conciliation Act, 1996 [“the Act”] provides remedy to a party aggrieved by the Award passed by the Arbitrator, to seek a recourse to court for setting aside the Arbitral Award. However, the Award passed by the Arbitrator, under the scheme of the Act is sacrosanct and the courts, as… Continue reading Can Arbitral Awards be modified?
Enforceability of No Damage Clauses in the Contract
Section 73 of the Indian Contract Act, 1872 [“the Contract Act”] embodies the settled principle of law that a party is entitled to receive compensation from the party that has breached the contract on the account of which the innocent party has suffered losses. This position of law is a driving force for the parties… Continue reading Enforceability of No Damage Clauses in the Contract
Scope of Section 34 | Arbitration
The Arbitration and Conciliation Act, 1996 [“the Act”] was enacted to provide speedy resolution of disputes to the parties with the objective of minimum judicial intervention, also enshrined in Section 5 of the Act, so as to make arbitration a more alluring alternative dispute resolution mechanism. Keeping the aforesaid objective in sight, various amendments have… Continue reading Scope of Section 34 | Arbitration
Extension of the Mandate of Arbitrator under Section 29A | Divergent views of High Courts
Section 29A of the Arbitration and Conciliation Act, 1996 [“The Act”] was inserted in the Act vide Arbitration and Conciliation (Amendment) Act 2015 [“the 2015 Amendment”] with the objective to facilitate speedy disposal of cases with least court intervention. Section 29A (1) of the Act mandates that the Award in arbitrations other than international commercial… Continue reading Extension of the Mandate of Arbitrator under Section 29A | Divergent views of High Courts
Maintainability of Application U/s 14 once Application U/s 13(2) is rejected by the Tribunal | Arbitration
In arbitration proceedings the impartiality of the arbitrator and the fact that he/she is eligible to perform their duties is of paramount importance as the same becomes a subject matter of challenge u/s 12,13, and 14 of the Act. Section 12 envisages the grounds upon which the appointment of an arbitrator can be challenged followed… Continue reading Maintainability of Application U/s 14 once Application U/s 13(2) is rejected by the Tribunal | Arbitration
Scope of Judicial intervention at reference stage | Arbitration
The Arbitration and Conciliation Act, 1940 equipped courts with unbridled powers to supervise the arbitration proceedings inviting the ire of litigants who, in the search of an alternative forum, seeking speedy resolution of their disputes, found themselves in the conundrum of endless judicial interference in the realm of arbitratio