Supervisory Jurisdiction of Courts and Seat of Arbitration
Arbitration agreement should be simple and covering all the essential factors to avoid intervention of courts.
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Arbitration agreement should be simple and covering all the essential factors to avoid intervention of courts.
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Without having system to ensure impartiality and independence of Arbitrators, arbitration cannot gain confidence in the minds of the parties to the dispute.
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The regular understanding of the words venue and seat in arbitration is that the venue does not have a juridical relevance, venue of arbitration can be changed as per the convenience of arties and the seat of arbitration determines various aspects of procedure including supervising courts, procedura
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Arbitration is a private dispute resolution mechanism created by way of contract between the parties. But still to avoid any gross injustice, the mechanism provides for supervisory courts
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One of the main purposes of arbitration is to resolve commercial disputes within a reasonable time. To achieve this objective UNCITRAL Model law provided for a very limited scope by providing a few grounds to challenge arbitration awards
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Government of India to advance its dream of making India International Arbitration hub has brought in a few more changes to the procedural law of India Arbitration and Conciliation Act,1996 In addition to its effort to achieve the above said status it has come
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In a recent Judgment dated 23rd September 2019, Supreme Court of India in the case of Canara Nidhi Limited Vs M.Shashikala and others (2019) SCC Online SC1244 set aside the Judgment of High Court of Karnataka which allowed the parties to
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In many cases, even though arbitration clauses are there in the contract, parties raise issues like fraud, forgery etc., and contend to the courts that matter is not arbitrable since the contract is vitiated
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The Arbitration and Conciliation (Amendment) Bill, 2019 was introduced in Rajya Sabha (Upper House of Parliament of India) by the Minister for Law and Justice, Mr. Ravi Shankar Prasad, on July 15, 2019
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