ARBITRABILITY OF OPPRESSION AND MISMANAGEMENT (‘O&M’) CLAIMS 1. Introduction to O&M Provisions and Claims in India Oppression and Mismanagement (O&M) claim provisions were included in the Companies Act (‘CA’) to prevent the trampling of rights of minority shareholders in situations […]
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Scope of the limitation period: Law laid down by Judgements The intent and objective of the Arbitration and Conciliation Act, 1996 is to charter out the timeous commencement of arbitration as soon as the dispute has arisen. Delay defeats justice […]
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Corporate Arbitration: Companies Act, 2013 and Arbitration Clauses Corporate arbitration is a process of resolving disputes between corporate entities. A dispute can be resolved through arbitration if the parties agree to use it, or if the contracts entered into between […]
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Arbitration, as a private means of dispute settlement, is not tethered to territorial jurisdictions. As a result, the freedom to select the forum for adjudication extends to the freedom to select the legal framework for the same. In other words, parties essentially select not just a judge, but also the law they are judged under. Importantly, this legal framework is not monolithic in nature and comprises of […]
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Mechanisms of Alternative Dispute Resolution have gained a lot of importance recently. The advantages of ADR are numerous. One of the most significant advantages of ADR is that it allows the parties to reach a settlement that meets both their interests.
This article explores the incorporation of the ADR mechanism in the working of the judiciary. It analyses Section 89 of the Civil Procedure Code. It then takes a look at how ADR has been incorporated into various other legislations. Finally, the article explores […]
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Party autonomy in choosing the procedure for dispute resolution is one of the foundational pillars of Alternate Dispute Resolution (ADR). This autonomy includes the power to appoint the arbitrators who will help both the parties resolve their disputes. While any number of arbitrators can be appointed, parties generally agree to appoint one or three arbitrators (the number of arbitrators should be an odd number, to ensure that there is no tie in the final award). Since the entire weight of a proceeding is on the person/persons who are acting in the role of a judge, it is said that an arbitration is only as good as the arbitrators. The choice of composition of the arbitral tribunal is vital and is […]
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Jurisdiction in arbitration can be classified under two heads, the arbitrability of the dispute i.e. whether it is a matter suitable to be referred to arbitration and the jurisdiction of the arbitral tribunal […]
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The principle of kompetenz-kompetenz denotes the ability of arbitral tribunals to decide on their own jurisdiction to proceed with a case. Essentially, this means the tribunal decides whether it can hear a case or not, without the intervention of a court. This principle is important in arbitration law as it affects the functioning of tribunals, and how long a case can take before the tribunal is able to decide on the matter. Recognising this principle by law gives the advantage of […]
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