In some cases, at the stage of appointment of Arbitrator under S.11 of the Arbitration and Conciliation Act,1996 (The Act) or reference to Arbitration under S.8 of the Act, the Court may conclude that the underlying contract is void.
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Normally arbitration is defined as a mechanism created by a Contract between parties but in certain circumstances even non-signatories also were added as parties to the arbitration without their consent and awards have been successfully enforced against the non-signatories.
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People’s Republic of China (PRC) has developed a unique arbitration system which is closely monitored by the People’s Supreme Court (SPC), the highest Court of China.
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In a recent Judgment of Delhi High Court in the case of Apna Logistics Hon’ble Justice Mr Vibhu Bakhru, held that even though Arbitration clause would not preclude the Court from exercising its Jurisdiction under Article 226 of the Constitution of India
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In any arbitration proceeding in addition to direct claims of receivables, declaration, amounts due etc., the claim for interest on those due amounts and damages form an important part of the claim.
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An arbitral tribunal normally consists of either one or three arbitrators. In a three member, arbitral tribunal, the award may be passed by all the three arbitrators together or a majority award along with a dissent award.
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All of us aware that Arbitrators have powers to grant pre-reference, Pendent lite and Post award interest to the awarded sum. But one of the challenges faced by the Arbitrators is the awarding of appropriate and legally sustainable pre- award, post award interest and the appropriate interest rates.
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Arbitration scenario in India got a great enthusiasm on 23rd October 2015 because of the amendments brought in to the Arbitration and Conciliation Act,1996
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India is a Model law country and the procedural law of India, Arbitration and Conciliation Act,1996 (Herein after “The Act”) is enacted in the lines of the UNCITRAL Model Law
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