One of the most important aspects of arbitration law is the extent of intervention by the judiciary. While arbitration seeks to minimize court intervention, some checks and balances are unavoidable. This can be seen in Section 37 of the Arbitration and Conciliation Act, 1996, dealing with appealable
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With the increase in cross-border trade and investment, parties from different jurisdictions often need a neutral, enforceable, and efficient mechanism to resolve disputes. International arbitration has emerged as the preferred method of dispute resolution in global commerce, offering flexibility, p
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Arbitration is a more structured type of ADR where parties consent to refer their dispute to an arbitrator or a panel of arbitrators, who render a final and binding decision referred to as an award. The procedure is similar to an in-chambers court hearing but takes place in a secret location and per
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Due to the time-sensitive and technical nature of construction projects, arbitration has come to be a widely used method of dispute resolution in the construction industry. It offers a discreet, effective, and expert vehicle for resolving disputes without recourse to time-consuming court actions.
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International arbitration is fundamentally a method of resolving disputes through a neutral third party or tribunal, typically outside the judicial systems of any one country. It is governed by mutually agreed-upon rules or institutional frameworks such as those offered by the International Chamber
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In M/S Schindler India Pvt. Ltd. vs. Parnika Commercial & Estates Pvt. Ltd., the Delhi High Court dismissed Schindler's plea to restrain Parnika from invoking two bank guarantees related to a lift and escalator installation contract. The court held that the Advance Bank Guarantee was unconditional a
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The appeal challenged the judgment setting aside an arbitral award favoring Mittal Processors, which had supplied uniform cloth to the Municipal Corporation of Delhi (MCD). The dispute arose over the cloth's compliance with BIS specifications. Initial tests by government labs approved the samples, b
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The Appellant filed appeals under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a judgment that set aside arbitral awards rejecting excise duty reimbursement. The High Court held the awards were patently illegal, as the contract terms clearly allowed reimbursement without req
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The Delhi High Court set aside an arbitral award favoring Zostel in its dispute with OYO, citing conflict with the "public policy of India." Justice Sachin Datta held that the award permitted specific performance of an agreement lacking consensus on essential terms, violating fundamental legal princ
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