All over the world, the supervising courts refrain themselves from interfering in an Arbitration award, for any other reason except those specified in the procedural law. Most of the Arbitration laws are similar to UNCITRAL Model law and hence the grounds are same. Courts also consistently have held
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Arbitration, even though is a private dispute resolution mechanism, the arbitration system provides for supervising courts to avoid any major miscarriage of justice. Even though Arbitrator is the final fact finding authority and his decisions on questions of fact are final and binding on the parties
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In India law relating to enforcement of a Foreign award is quiet well settled but still many Indian parties, don't want to miss the opportunity to resist enforcement of a foreign award against them.
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It is well settled in law that if parties choose a seat in an International Arbitration clause it will amount to choosing the procedural law applicable to the arbitration proceedings. In the same way, if the procedural law is specified in the Arbitration clause then the country to which the procedur
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From the year 2012 India has recognized Hong Kong as a recognized seat of Arbitration under New York Convention on Recognition and Enforcement of Foreign Arbitral Awards. Since then the Hong Kong seat has become a very important seat, for Parties from India, since Parties from China are comfortable
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Seat of Arbitration is one the most important concepts in the field of international Arbitration. Any party to an International Arbitration proceeding will be able to achieve its objectives only if the final award is enforceable in the country where it is required to be enforced.
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Globally arbitration is becoming popular for various reasons and as per a recent survey by ASSOCHAM, in India about 90% of the commercial contracts have arbitration clauses these days.
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An Arbitration proceeding starts from the filing of a claim by a claimant before an arbitral institution or before an Arbitrator. The right to file a claim by the claimant is not an absolute right and that right also can be closed by an Arbitrator and proceed to grant time for the respondent to file
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Law of Limitation applies to Arbitration proceedings also and S.43 of the Arbitration and Conciliation Act,1996 expressly provides for the same. Counter claim is the claim filed by a respondent against the claimant in the arbitration proceedings, after the claimant initiated arbitration proceedings.
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