INSOLVENCY AND ARBITRATION: On the Horns of a Dilemma Introduction This article aims to briefly encapsulate the position of law in India vis-a-vis the conflict between insolvency law and arbitration law. The author gives an overview of the prevalent law […]
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Arbitration or Arbitrary: Examining Anti-Arbitral Injunctions under Indian Law In India, the judicial system faces significant challenges with overburdened courts, leading to extensive delays and mounting backlogs. The sheer volume of cases often hampers the timely dispensation of justice, creating […]
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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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The inclusion of Alternative Dispute Resolution (ADR) clauses in most agreements in a globalised market is hardly discordant due to the increasing popularity of such mechanisms. However, most arbitration disputes deal with contentions involving such clauses and this is the reason that the phraseology, purpose and position of these clauses are of […]
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The procedure for enforcement and execution of Arbitral awards in India is primarily governed by the Arbitration & Conciliation Act, 1996. Unless the award is challenged and/or set aside by the court, it will assume a binding character. Any domestic award may be challenged only within three months of the receipt of the award under Section 34 of the Arbitration & Conciliation Act, 1996. After the expiry of three months, if a court finds the award to be enforceable, at the stage of execution, there can be no further challenge as to the validity of the […]
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All ADR processes are geared towards the goal of dispute resolution, conflict management, and amicable settlement. Decision-making plays an important role in the achievement of these goals, and ADR mechanisms vary greatly in their placement and formality of decision-making power. Differences can most prominently be observed along lines of party involvement and autonomy. Arbitration is more of an adversarial and adjudicatory process than both conciliation and mediation. Further, statutory grounding and the availability of […]
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Securing an arbitration award is one thing and actually getting it enforced is another thing. Enforcing an award is especially complicated when the opposite party hasn’t even taken part in the arbitral proceedings. The procedure of enforcing an award is governed by the Arbitration and Conciliation Act, 1996 as well as the Civil Procedure Code, 1908. For India-seated awards (awards governed by Indian Law), i.e. “domestic awards”, Part I of the Act will be applicable. For awards governed by foreign law, i.e. “foreign awards”, Part II of the Act will be applicable. To ensure that your award is successfully enforced, you should make sure […]
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The modern process of dispute resolution, Alternative Dispute Resolution (ADR) tries to move beyond the standard model of civil court adjudication. ADR is essentially a method which is used to resolve the disputes without litigation, outside the courtroom. ADR involves procedures like Arbitration, Conciliation, Mediation, etc. The parties which resolve the dispute through ADR are more satisfied with the outcome, mainly due to their direct participation to determine the various terms of the settlement. The major advantages of ADR are that it is cost […]
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