Page 82 - Arbitration Act News Today

In Halliburton Company v Chubb Bermuda Insurance Ltd,(1) the Supreme Court unanimously upheld the Court of Appeals decision to dismiss an application to remove an arbitrator on the grounds of apparent bias. The Supreme Court confirmed the Court of Appeals decision that arbitrators are under a duty to disclose appointments in references concerning the same or overlapping subject matter with a common party, although the Supreme Courts reasoning differed. On the facts of this case, while the Supr...

Rachel Rothwell With many clients now struggling financially and the courts as keen as ever to wield the proportionality scythe, lawyers need to find new ways to bring down the cost of litigating. All eyes are turned to technology to provide the answers. We have already seen how the pandemic has turbo-charged the use of technology within the court system, with the widespread use of virtual court hearings and electronic bundles. Meanwhile, law firms have geared themselves up for remote working w...

1 (“ Vidya Drolia”) has made an attempt to clear the decade-old uncertainty on this issue and has proposed a four-fold test to determine the question of arbitrability in India along with an interpretative guide for forums adjudicating this issue. This article briefly discusses the position of law prior to the judgment in Vidya Drolia and then goes on to discuss the key findings of the Supreme Court in Vidya Drolia and the application of the test and guidance to forums. Arbitrability under...

Supplemental. 128A. (1) In this Act a “compulsory pharmaceutical licence” means a compulsory licence granted under Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems12 (referred to in this Act as “the Compulsory Licensing Regulation”). (2) In the application to compulsory pharmaceutical licences of the provis...

Efficiency of arbitral proceedings would diminish if courts allowed to interfere with it: SC SECTIONS Last Updated: Jan 06, 2021, 09:12 PM IST Share Synopsis The observations were made by a bench headed by Justice N V Ramana on an appeal filed by one Gujarat-based firm Bhaven Constructions against a High Court order of 2012. NEW DELHI: If courts are allowed to interfere with the arbitral process beyond the ambit of the law then the efficiency of such proceedings will be diminished, the Supreme ...

Introduction When parties agree in a contract that any disputes arising from that contract will be referred to arbitration, they hope that any tribunal appointed will be free of bias and approach the matter fairly. One of the long-running debates, particularly in specialist fields (eg, the London Maritime Arbitrators Association (LMAA – for maritime disputes) and The Grain and Feed Trade Association (GAFTA – for commodity disputes)), where there has traditionally been a limited pool of arbi...

Govt working to incorporate ADR provisions in existing laws: Law Minister The New Nation Staff Reporter : Law, Justice and Parliamentary Affairs Minister Anisul Huq has said that the government is working to incorporate the Alternative Dispute Resolution (ADR) provisions in different existing laws of the country to make commercial dispute resolution easier and less time consuming. In view of the ongoing Covid-19 pandemic, the government under definitive instruction by Prime Min...

The Court discusses and over-rules the case of Himangni Enterprises wherein the Court had upheld the decision of the lower courts in rejecting an application filed by the defendant-tenant under Section 8 of the Arbitration Act, 1996 (" Arbitration Act") in a civil suit seeking its eviction from a shop in a commercial complex. In this case, the tenancy in question was protected under the TP Act and not under the rental control legislation. The Judges in the Himangni Enterprises case Natraj Stu...

NSW Health employee was suspended from his job on the Mid-North Coast for talking to his union MonMonday 21 updated TueTuesday 22 Stephen Crerar says his career and health have been ruined by NSW Health. ( Share Print text only Cancel In one day, Stephen Crerars 33-year career was destroyed and hes still shocked by the reason his employer NSW Health gave him. Key points: Mr Crerar was put on a staff blacklist — making him unemployable The Health Services Union says what happened to Mr Crerar ...

A Busy Year For Intl Arbitration Despite Pandemic By Patrick Pearsall and Karthik Reddy Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our weekly newsletters. Signing up for any of our section newsletters will opt you in to the weekly Coronavirus briefing. Sign up for our International Arbitration newsletter You mu...