In a recent Judgement of the Delhi High Court dated 07 th November 2017 in a case between Emaar MGF land Limited Vs Aftab Singh reported as 2017 SCC Online Del 11437, High court dealt with an application filed under S.37(1) of the Arbitration and Conciliation Act,1996.
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The globally recognized foundation of arbitration is " party autonomy " because parties come forward to waive off their rights to approach the national courts. Party autonomy is not a simple decorative phrase; it is almost absolute in nature.
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India has amended its procedural law, Arbitration and Conciliation Act,1996 by an amending Act, Arbitration and Conciliation (Amendment) Act,2015 with effect from 23 rd October 2015.
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2015 Amendment Act to the Arbitration and Conciliation Act,1996 brought in many changes to ensure impartiality and independence of the Arbitrators. The above said Amendment Act, came into force on 23 rd October 2015.
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In India Arbitration and Conciliation felids are governed by Arbitration and Conciliation Act,1996 (The Act). The said Act determines the procedural aspect of Arbitration and Conciliation proceedings seated in India including the confidentiality of the documents.
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In a recent Judgment Union of India Vs Vodafone Group PLC United Kingdom (2017) SCC Online Delhi 9930 dated 22 nd August 2017, Delhi High Court granted injunction restraining Vodafone Group PLC United Kingdom from taking any action in furtherance of the notice dated 15 th June 2015 and notice of Arb
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Even though the courts in India have consistently held that the Arbitrator is the final judge relating to finding of facts and relating to the interpretation of the terms of the contract. It is also have been a standard view that while exercising the powers under S.34 of the Arbitration and Concilia
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One of the frequently encountered issue in arbitration proceedings is missing out of a claim and parties seeking remedy by way of an amendment to the award or by way of an additional award. Normally the scope of correction of the award under S.33 of Arbitration and Conciliation Act,1996 is limited t
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Drafting of Arbitration clauses require expertise to avoid unnecessary litigations relating to interpretation of those clauses when disputes arise between parties. While drafting domestic Arbitration clauses it is necessary to include the place/seat of Arbitration, number of Arbitrators, Qualificati
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