Page 78 - Arbitration Act News Today

Introduction: Recognising that an arbitration agreement between parties is an agreement independent of the substantive contract, the Delhi High Court in Dholi Spintex Pvt. Ltd. v. Louis Dreyfus Company India Pvt. Ltd. 1 has held that two Indian parties can choose a foreign law as the law governing the arbitration between them. The Court has also reiterated the legal position on limited interference by Courts in international arbitrations. Factual Background: Plaintiff") had entered into a cont...

In a recent order passed in the matter of Union of India v. M/s Associated Construction Co. 1, the Honble Supreme Court highlighted the uncertainty surrounding the period of limitation applicable on appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996 ( Arbitration Act). In the instant case, an arbitral award was challenged by the Union of India ( Petitioner) under Section 34 of the Arbitration Act. The High Court dismissed the objections of the Petitioner in the applic...

Republic of Sierra Leone v SL Mining The English High Court (Sir Michael Burton GBE) has handed down a significant judgment dismissing a challenge to a Tribunal’s jurisdiction under section 67 of the Arbitration Act 1996 - Republic of Sierra Leone v SL Mining [2021] EWHC 286 (Comm). King & Spalding represented SL Mining before the High Court and continues to represent it in the ongoing underlying ICC Arbitration, and in an ICSID Arbitration. Thomas K. Sprange QC and Kabir Bhalla appeared wit...

To print this article, all you need is to be registered or login on Mondaq.com. Property developers, construction contractors and others involved in the construction industry are frequent users of arbitration. The only limits to the nature and complexity of commercial disputes that can be referred to arbitration are the limits set by the arbitration agreement from which arbitrators (with help from both statute and judge-made law) derive their powers. Arbitrators powers a...

Effective, efficient ways of resolving tax row Tuesday February 23 2021 Resolving tax disputes can be an expensive and time-consuming process for taxpayers. However, Alternative Dispute Resolution (ADR) offers a chance for a shorter and less costly resolution of disputes. In ADR, negotiation is often overlooked because of its apparency. Resolving tax disputes can be an expensive and time-consuming process for taxpayers. However, Alternative Dispute Resolution (ADR) offers a chance for a shorter...

In the media Australian senate endorses news media bargaining code Latest approval takes bargaining code between news media companies and Google and Facebook a step closer to law. Australias controversial and internationally debated News Media Bargaining Code is a step closer to being enacted into legislation following the Senates decision to pass the Media and Digital Platforms Mandatory Bargaining Code Bill 2020 .(12 February 2021). More... Government moving in the right direction on Federal...

To print this article, all you need is to be registered or login on Mondaq.com. The promise of arbitration has traditionally centred upon a faster, more efficient, and less costly way of resolving commercial disputes. The reality of arbitration proceedings, however, does not always deliver on this promise. Surveys conducted in recent years suggest that cost and delay are some of the negative and discouraging characteristics of international arbitration. They also show a ...

The Lok Sabha on Friday passed a Bill that aims to empower courts to grant unconditional stays on the enforcement of arbitration awards tainted by fraud or corruption.The Arbitration and Conciliation (Amendment) Bill, 2021 was passed ...

In a significant verdict, the Supreme Court has held that an order refusing to condone the delay in filing an appeal under Section 34 of the Arbitration and Conciliation Act 1996 is appealable under Section 37 of the Act. "..the question of law is answered by stating that an appeal under section 37(1)(c)of the Arbitration Act, 1996 would be maintainable against an order refusing to condone delay in filing an application under section 34 of the Arbitration Act, 1996 to set aside an award", obser...

In 2019/20, of the 16 challenges made under Section 68, only one was successful. In 2019/20, of the 22 determined applications under Section 69 for appeal on a point of law, permission was granted in only seven. No ultimate success rate was published.  In 2018/19 none of the 39 applications under Section 69 were ultimately successful, and in 2017/18 only two of the 87 applications under Section 69 succeeded. What is also clear is the year-on-year decrease in the number of Section 68 and Sectio...