In a Judgment dated 20 th July 2018, in the matter of National High Ways Authority Limited Vs Gammon Engineers and Contractors Pvt Limited, Delhi High Court held that the Arbitral tribunal is bound by the Arbitration agreement between the parties.
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Even though arbitration is a private mechanism for resolving commercial disputes, the supervising courts have powers to supervise the arbitration and even to set aside an arbitration award on the grounds provided in the procedural law of the country.
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When one party is from China and the other party is from India, parties jointly choose Singapore as the seat of arbitration, excluding both China and India to have jurisdiction over the matter and Singapore becomes the neutral seat. It is important to note that the neutral seat also comes with the p
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Normally, parties do not realize the importance of negotiating dispute resolution clauses, while signing the contract since the commercial team which negotiates contracts would be focusing only on the commercial terms. But, the dispute resolution clause if not negotiated properly keeping in mind the
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In a recent Judgment of Supreme Court of India, dated 13 th July 2018 in a case between National High Ways Authority of India Vs Gwalior Jhansi Express Way Limited (2018 Online SC 688), the court set aside an Arbitrators order on the ground of "Fundamental Policy of Indian law" holding that the orde
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In a recent judgement dated 11.07.2018, Delhi High Court in the matter of HII Life care limited Versus Happy Lectricals (2018 SCC Online DL 9814) held that in case of not specifying the seat of arbitration in the arbitration agreement by parties and also seat is not determined by the arbitrator in i
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Limitation law in India provides for a three years' limitation period to initiate/ commence a legal action from the date of breach of the contract or the date on which the continuing breach came to an end (Article 55 of the Limitation Act).
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Arbitrations arising out of construction and Infrastructure contracts normally have a claim relating to delay and disruptions that caused consequential loss to the contractor. Delays in construction projects can result in delayed completion of the project, lost productivity, additional costs due to
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High Court of Delhi by a judgment dated 7 th May 2018 dismissed the anti-arbitration suit filed by the Government of India (herein after GOI) challenging the 2 nd investment treaty Arbitration proceedings initiated by Vodafone Group Plc (herein after VG) & Vodafone Consolidated Holdings Limited (her
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