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Party Agreeing To Constitute Arbitral Tribunal Forfeits Right To Oppose Appointment Based On Non-Fulfilment Of Pre-Arbitral Process: Delhi High Court

The Delhi High Court single bench of Justice Sachin Datta held that once a party has agreed to constituting an arbitral tribunal, it is precluded from subsequently opposing the appointment of an ...
Anuj Chaturvedi Pukhrambam Ramesh Kumar Shreya Manjari High Court Panel Counsel Vigilance Department Of The Northern Railway
Source: livelaw.in

Issuance Of 'No Claim Certificate' Does Not Prima-Facie Make Dispute Non-Arbitrable, Gujarat High Court Allows S. 11 Application

The High Court of Gujarat single bench of Chief Justice Sunita Agarwal allowed a Section 11 application of the Arbitration and Conciliation Act seeking the appointment of an Arbitrator. It refuted...
Ashutoshj Shastri Poll Cont Associates Narmada Clean Tech Ltd Supreme Court Arbitration Centre Domestic Gujarat High Court
Source: livelaw.in

Prima Facie Proof Needed To Interpret S. 8 Invocation, M.P High Court Applies Prima Facie Approach, Dismisses Revision Based On Lack Of Proof

The High Court of Madhya Pradesh bench comprising Justice Achal Kumar Paliwal dismissed a revision petition seeking to invoke Section 8 of the Arbitration and Conciliation Act, 1996 based on a...
Madhya Pradesh Satish Kumar Saxena Madhya Pradesh High Court Under Section District Court Civil Court Appellate Court
Source: livelaw.in

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Can't Invoke Writ Jurisdiction To Challenge Award Under MSME Act, Without Availing Remedy U/S 34 Of A&C Act; Delhi High Court

The Delhi High Court division bench of the Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora held that a party cannot file a writ petition under Article 226/227 challenging the...
Andhra Pradesh High Court Small Enterprises Facilitation Council Trading Corporation Of India Ltd Delhi High Court Small Enterprises Facilitation Council Delhi And Anr
Source: livelaw.in

Panel headed by former law secretary Vishwanathan submits report on arbitration reforms

An expert committee, headed by former law secretary T K Vishwanathan, has submitted a report on arbitration sector reforms to the law ministry. The committee recommends amending the Arbitration law to give courts the power to set aside or vary arbitration awards. However, industry representatives are critical of the proposed changes, particularly the deletion of the fee schedule and the lack of limits on the number of arbitrations an arbitrator can handle, which could lead to delays in award dec...
Supreme Court Arbitration Act Arbitration Reforms Committee Report Law Ministry Arbitration Law

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