The Arbitration and Conciliation Act, 1996 [“the Act”] provides a speedy resolution of disputes to the litigants with minimal judicial interference. These two fundamental features of the Act are reflected in Section 29A of the Act which inter alia enjoins the Arbitral Tribunal to pass the Arbitral Award in a time bound manner i.e. within… Continue reading Independence and Impartiality of Arbitral Tribunal
Tag: constitution bench
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?
Extent of immunity from prosecution enjoyed by the MPs and MLAs
A seven-judge constitution bench of the Supreme Court on 04.03.2024, unanimously ruled that a Member of Parliament [“MP”] and Member of Legislative Assembly [“MLA”] cannot claim immunity under Articles 105 and 194 of the Constitution of India [“the constitution”], from prosecution, on a charge of bribery in connection with a vote or speech made in… Continue reading Extent of immunity from prosecution enjoyed by the MPs and MLAs