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NHAI v M Hakim: Putting a quietus to the issue of modification of arbitral awards
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CIZ v CJA - A case note of the High Court s latest decision on excess of jurisdiction by tribunals | Dentons
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International Arbitration in Australia: ACICA Releases 2021 Edition of Arbitration Rules
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24 Jul, 2021, 5:49 am
Jyotika Jain has joined Miglani Varma & Co. to head a new vertical on Maritime Law and further boost the firm s dispute resolution practice.
Miglani Varma & Co. is a Delhi-based law firm founded in 2015, specializing in the field of dispute resolution, taxation, regulatory and commercial legal practice.
The firm works on the principle of
“providing clients with a dynamic legal view while adhering to the established norms of trustworthiness and excellence”.
Jain holds a Masters Degree from the National University of Singapore and her areas of specialization include Admiralty Law, Shipping and Maritime Law, International Commercial Arbitration and Oil & Gas Laws.
NEW DELHI: The Supreme Court has said that a judge, while interpreting a law, should try to understand the intent of legislative bodies and quashed the Madras HC verdict which had held that the court’s powers to “set aside” an arbitral award under the arbitration law would also include the power to modify.
“Quite obviously if one were to include the power to modify an award in section 34 (Arbitration Act), one would be crossing the Lakshman Rekha. In interpreting a statutory provision, a judge must put himself in the shoes of the Parliament and then ask whether Parliament intended this result. Parliament very clearly intended that no power of modification of an award exists in section 34 of the Arbitration Act,” a bench of Justices R F Nariman and B R Gavai said.