Page 77 - Arbitration Act News Today

On 15 February 2021, the English Commercial Court in Republic of Sierra Leone v. SL Mining Ltd [2021] EWHC 286 (Comm) ruled on the effect of non-compliance with a multi-tier dispute resolution provision.  The decision (available here) settles a difficult question of English arbitration law.  In summary the English Commercial Court held that: Non-compliance with a multi-tier dispute resolution provision is an issue of admissibility ( i.e. whether the claim is ripe to be heard) rather than jur...

The decision clarifies the circumstances under which an arbitral award might be challenged. A recent decision by the English Commercial Court indicates that failure to comply with a precondition to arbitration (such as an obligation to negotiate) calls into question the admissibility of a claim, rather than calling into question the jurisdiction of the arbitrators to hear such a claim. As parties to arbitration can only challenge an award through the English courts under s. 67 of the Arbitratio...

Recent Decisions by English Courts on Provisions Allowing for the Correction of Arbitration Awards It is widely recognised that parties who are dissatisfied with arbitration awards will generally have very limited rights to challenge those awards.  Indeed, the finality of arbitration awards is often one of the attractions of arbitration as a dispute resolution mechanism. However, another (albeit limited) option that might be available to a party who considers that an award contains errors is t...

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Updated Mar 03, 2021 | 20:23 IST The Supreme Court agrees with AGs suggestion to exclude 15 months time from the Limitation Acts ambit. CJI Justice SA Bobde (File photo)&nbsp Key Highlights AG to address ways of legal recourse to citizens if partial lockdowns imposed, said CJI New Delhi: A 3-judge bench of the Supreme Court has agreed with Attorney General (AG) KK Venugopals suggestion to exclude time of around 15 months from the ambit of the Limitation Act, which will a...

The Supreme Court said inter-ministerial panel to be formed to discuss solutions for cheque bounce cases.

To print this article, all you need is to be registered or login on Mondaq.com. The area of Emergency Arbitration came to light after a much publicised dispute between Future Retail Ltd. and Amazon.com Investment Holding LLC (" Amazon"). There have been only a handful of cases in India which discuss the enforceability of the award passed by an emergency arbitrator. The Bench of the Ld. Single Judge of the Delhi High Court, in its interim order dated 21 December 2020, dis...

To embed, copy and paste the code into your website or blog: Halliburton v Chubb: UK Supreme Court Provides Guidance on an Arbitrator’s Duties of Impartiality, Disclosure, and Confidentiality This month’s International Arbitration Update considers the landmark UK Supreme Court decision of Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48. The decision is important because it provides guidance on the disclosures that parties should expect from an arbitrator when circumstances...

The Straits Times Strategy to strengthen Spore as global IP hub will help develop jobs, attract innovative enterprises More details on the strategy will be announced on World IP Day in April.ST PHOTO: KUA CHEE SIONG https://str.sg/JV8c They can read the article in full after signing up for a free account. Share link: Or share via: Sign up or log in to read this article in full Sign up All done! This article is now fully available for you Read now Get unlimited access to all stories at $0.99/mon...

Introduction: Sanjiv Prakash v. Seema Kukreja & Ors. 1, the Delhi High Court has reiterated that novation of an agreement would necessarily result in destruction of the arbitration clause contained therein. In this regard, it was observed that an arbitration agreement being a creation of an agreement may be destroyed by agreement. Facts of the case: Respondent No. 3 had incorporated a company in 1971, under the name of Asian Films Laboratories Private Limited, which was subsequently renamed as ...