Latest from Arbitration Law

Whether A Party To A Dispute Before An Arbitrator Can Claim Money For And On ...

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The Law Commission had recommended amending the definition of PartyŁ under Section 2 (1) (h) of the Arbitration and Conciliation Act, 1996 to include person claiming through or under such partyŁ...

Mandatory compliance of Section 21 Arbitration and Conciliation Act, 1996, bu...

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Section 21: Commencement of arbitral proceedings. Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request fo...

Arbitration and Conciliation Act, 2018

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Lawsuits may not be the best manners in which to resolve disputes, therefore our legal system provides other methods of dispute resolution: NEGOTIATION, MEDIATION and Arbitration And Conciliati...

Limitation Applies To Recovery Proceedings Under MSMED Act

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In a recently delivered judgment of M/s Silpi Industries etc. vs. Kerala State Road Transport Corporation & Anr, the Hon'ble Apex court of our country delved into the issue as to whether th...

Section 11 and Section 14 Arbitration Act, 1996

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The judgement was passed by Delhi Court on the issue of Appointment of Arbitrators to form an arbitral tribunal. S.11 of the Act pertains to the procedure to appoint arbitrator. First one is b...

A Better Negotiation Approach: ADR

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Negotiation is the process by which two or more parties reach an agreement and a popular approach for parties to resolve disputes. The negotiation process is divided into five stages: Investi...

The Importance of Reasoning in an Arbitral Award: In The Light Of BCCI V. Dec...

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Section 34 of the Arbitration and Conciliation Act, 1996, provides for setting aside the arbitral award by the court. Section 34 has been a long-disputed section of the Act and has undergone va...

Arbitration In Asset Valuation And Distribution Cases

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Arbitration is regarded as a procedure in which a dispute is submitted before an Arbitration Tribunal, by agreement of the parties guided by the arbitration contract or a clause in the contrac...

Arbitration Vis-a-vis A Substitute to Court in India

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Arbitration under Arbitration and Conciliation Act, 1996Arbitration is an old concept under the Indian legal system. It has been part of the system since 1777 when railways used arbitration to re...

Impact of Recent Reforms In Arbitration and Conciliation Act

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Arbitration can be traced back to the pre-establishment of courts where people used to solve their issues in the presence of a third party in the form of PanchayatsŁ. Eventually, India saw t...