Page 75 - Arbitration Act News Today

Share This - x The Supreme Court held that parties to a contract who are Indian nationals or Companies incorporated in India can choose a forum for arbitration outside India. "Nothing stands in the way of party autonomy in designating a seat of arbitration outside India even when both parties happen to be Indian nationals", the bench headed by Justice Rohinton Fali Nariman observed. The bench was considering the question whether two companies incorporated in India can choose a forum for arbit...

To embed, copy and paste the code into your website or blog: In its recent decision in (1) Hulley Enterprises Limited, (2) Yukos Universal Limited, (3) Veteran Petroleum Limited v The Russian Federation, 1 the High Court concluded that where a party has challenged the jurisdiction of the court under the State Immunity Act 1978 ("the SIA"), the English courts do not have the power under s103(5) of the Arbitration Act 1996 (the "Arbitration Act") to order an adjournment of or grant security in ai...

Share This - x Citing the threat posed by the COVID-19 second wave to litigants and lawyers, the Supreme Court Advocates on Record Association has approached the Supreme Court seeking the extension of limitation period for filing of cases in courts and tribunals. The Association seeks the restoration of the suo moto order passed by the Supreme Court on March 23, 2020, which had extended the limitation period with effect from March 15, 2020, until further orders. Last month, on March 8, 2021, t...

In an interesting decision concerning the implication of terms into guarantees, which may raise alarm bells for some parties in the maritime sector, the English Commercial Court has considered the circumstances in which a party may be able to obtain security for claims against a guarantor. The decision in CVLC Three Carrier Corp & Anr ...

Alternative dispute resolution.

When the 400m super ship Ever Given recently blocked the Suez Canal it did so in one of the world’s busiest shipping corridors. That it went on for nearly a week with all the consequent damage...

IMPORTANT JUDGMENTS THIS WEEK1. Petition Styled As One Under Article 226 Would Not Bar High Court To Exercise Its Jurisdiction Which Otherwise It Possesses: Supreme CourtCase: Kiran Devi Vs. Bihar...

Share This - x The Kerala High Court held that an Additional District Judge has jurisdiction to entertain a petition filed under Section 34 of the Arbitration and Conciliation Act. Principal District Judge can only be considered first among equals and the Additional District Judge is in no way considered to be inferior to the Principal District Judge, the bench comprising Justices CT Ravikumar and K. Haripal observed. The court observed thus while dismissing an Arbitration Appeal. One of the ...

A Bench comprising of Navin Sinha and KM Joseph observed that an application under Section 34 of the Arbitration and Conciliation Act to set aside an award is covered by moratorium under Section 14 of the Insolvency and Bankruptcy Code. Section 34 proceeding is a proceeding against the corporate debtor in a court of law pertaining to a challenge to an arbitral award and would be covered just as an appellate proceeding in a decree from a suit would be covered, the bench headed by Justice...

Case of ex-staff accusing MTN of swindling them in R24bn BEE share scheme removed from court Share Johannesburg - Mobile telecommunications giant MTN has had the litigation by employees and former employees – alleging it swindled them in a multibillion-rand black economic empowerment (BEE) share scheme – removed from an open, public court. The group’s counter-application to have the application by 382 current and erstwhile workers stayed and referred to arbitration has succeeded. Referrin...