Central Organisation for Railway Electrification [Appellant] Vs. M/s ECI SPIC SMO MCML (JV) A Joint Venture Company [Respondents]
Civil Appeal Nos. 9486-9487 of 2019
(5JB, HON'BLE CJI, HRISHIKESH ROY, P.S. NARASIMHA, PANKAJ MITHAL, MANOJ MISRA JJ.)
Our Senior Partner Mr S Ravi Shankar argued the above said case before the five Judge Bench of Supreme Court of India for and on behalf of M/S. Conarch Associates. The Supreme Court examined the balance between party autonomy and the impartiality of arbitral tribunals under the Arbitration and Conciliation Act, 1996. Though parties can choose arbitrators, the Act requires fairness and neutrality in the arbitral process. Following the Law Commission’s recommendation, the 2015 amendment introduced Section 12(5), restricting arbitrators with certain relationships to the parties. Notable cases like Voestalpine, TRF Ltd., and Perkins Eastman illustrate challenges in ensuring independence when government or influential parties appoint arbitrators. A Constitution Bench addressed these issues, as the government considers broader reforms recommended by an Expert Committee on arbitration law.
Given the complexity and technical nature of construction disputes, arbitration has become a favored method for resolving such conflicts. Arbitration allows parties to choose arbitrators with specific expertise in construction law, engineering, or project management, ensuring a more informed decision-making process compared to a generalist judge in a court of law.
This article will explore the role of mediation in arbitration, how these processes interact, and the benefits of their integration, focusing on how the hybrid approach-commonly referred to as "Med-Arb"-can provide the best of both worlds.
Emergency Arbitration bridges this gap by offering swift and decisive relief, ensuring that parties can preserve the status quo or prevent irreparable harm during the early stages of a dispute. This article explores the concept of emergency arbitration, the circumstances under which it should've used, its procedural framework, and its advantages and challenges.
The legal landscape in India is vast, with millions of cases pending in various courts across the country. The backlog and delays in the judicial system have led to increasing frustration among litigants, making the search for alternatives imperative.
There is an increased trend of parties from India choosing popular seats like Singapore as Seat of Arbitration, despite the fact that both the parties are from India. There was a question, whether two Indian parties can choose a foreign seat to resolve their disputes and circumvent Indian law.
Mediated has emerged as a pivotal alternative dispute resolution (ADR) mechanism globally, offering parties a voluntary, flexible, and collaborative process to resolve dispute outside traditional litigation. In India, where the judicial system faces challenges such as backlog and delays, mediation presents a viable solution to expedite the resolution of disputes while reducing the burden on courts.
Arbitration, a form of alternative dispute resolution, has gained prominence due to its efficiency, flexibility, and confidentiality compared to traditional litigation. Central to this process are arbitrators, the individuals tasked with resolving disputes impartially and competently.
Arbitration has emerged as a preferred method for resolving disputes in India, offering parties a flexible and efficient alternative to traditional court litigation. The Arbitration and Conciliation Act 1996 serves as the cornerstone of India's arbitration regime, providing the legal framework for conducting arbitration proceedings.
In the realm of conflict resolution, two methods often stand out: Mediation and Arbitration. While both aim to settle disputes efficiently, they differ significantly in their processes, outcomes, and level of control parties retain.
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