Page 39 - Arbitration Act News Today

Independence and impartiality of the arbitrator are the most important requirement of arbitration proceedings.[1] Fairness in the adjudication and rule against bias form part of the basic notions...

The article analyzes the rational of the Constitutional Bench Judgment in NN Global Mercantile Private Limited v Indo Unique Flame Limited which has far reaching consequences.

In its recent decision, Kingsgate Property Ltd. v Vancouver School District No. 39, 2023 BCSC 560, the Supreme Court of British Columbia considered, among other things, whether an arbitral tribunals interpretation of a prior arbitration award that was rendered under the same agreement to identify possible issue estoppel was a question of law that was appealable to the Supreme Court of British Columbia pursuant to section 31 of the Arbitration Act, RSBC 1996, c 55. The Court found that it was a q...

In its recent decision in Kingsgate Property Ltd. v Vancouver School District No. 39, 2023 BCSC 560, the Supreme Court of British Columbia considered, among other things, whether an...

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Keeping in mind the peculiar facts of the case wherein the benefit of the extendable period could not be made available to the petitioner, the judgment was stayed for an appeal before the top court.

The High Court of Bombay has held that any defect in the board resolution authorizing a person to initiate arbitration is only a procedural and a curable defect, thus, it cannot be a ground for the...

In this episode of our 'Across the Pond' podcast, Charles and Kwadwo are joined by guest Krista Lee KC, a barrister at Keating Chambers.

In Basith v. Lithia Motors and Fuentes v. Empire Nissan decided by the Second Appellate District of the California Court of Appeal, the Court reiterated the difference between procedural and substantive unconscionability when it comes to invalidating arbitration agreements.

The Delhi High Court while dismissing the Petitions filed under Section 34 of Arbitration and Conciliation Act, 1996 has observed that it was deemed necessary by the legislature as well as the...