Fixing timelines is one of the oldest instruments for the speedy adjudication of disputes and giving finality to the litigation between the parties. One such instance is section 33(1) of the Arbitration and Conciliation Act, 1996 (the Arbitration Act) which provides a party to request correction or interpretation of the award within a period of […]
Time period for requesting correction of the arbitral award: Whether mandatory? Read More »
Non-interference of courts, except to the extent of supervision, is the spinal cord of arbitration legislations across the jurisdictions. However, the difference between interference and supervision is often differentiated by a thin line. One such occasion raising the question of whether an indulgence of the court is supervision or interference arises while answering the question
Blanket Forbearance From Modifying An Arbitral Award – How Far Justiciable? Read More »
Democracy is a form of government, which is of the people, by the people and for the people. Undoubtedly, the term “people” cannot denote “silent people”, but also those with the right to speak and speak not only what is favourable but what is unfavourable or dissenting. Sans this, democracy would just be a sham.
A fine balancing act Read More »
The principle of party autonomy is the backbone of arbitration. The freedom to choose the seat of arbitration is another key aspect of that principle. This article examines only one facet of this: whether two or more domestic parties can choose a foreign seat of arbitration in India and a few other jurisdictions. Position in
Implications of opening the gate for foreign-seated arbitrations Read More »
The legislature of all the Provinces enacted the Drugs & Cosmetics Act, 1940 (“the Code”) the principal legislation, “to regulate the import, manufacture, distribution and sale of drugs and cosmetics” for the whole of India. The Code provided the position of Inspectors for the said purpose, whose conditions to qualify for the appointment were to
Recruitment Rules cannot override the Drugs & Cosmetics Rules, 1945 Read More »
Parliament of India enacted the Insolvency and Bankruptcy Code, 2016[1] (“the Code”) to consolidate laws relating to insolvency and bankruptcy in India and provide an effective legal framework for timely resolution of the companies. The Code provided Financial Creditors and Operational Creditors with the right to initiate the Corporate Insolvency Resolution Process (“CIRP”), against a Corporate
Weighing the effect and need of the ‘minimum threshold’ on the home-buyers Read More »
The Arbitral tribunal & Courts are the two engines of any arbitral proceedings. They, depending on the stage, pull the arbitral process until an arbitral award is enforced. The role of the courts in this process is restricted to mere supervision and not intervention. However, what is supervision and what is an intervention of a
Recruitment Rules cannot override the Drugs & Cosmetics Rules, 1945 Read More »
The notion of independence and impartiality of the adjudicators, be it in the identity of judges or arbitrators, is a hallmark of any adjudicatory process. Nemo iudex in causa sua, meaning that no person should be a judge in his own cause, is a cardinal principle of natural justice, regardless of whether the proceedings are judicial
Invalidity of a Solo Run for the ‘Sole Arbitrator’ under the Indian Arbitration Act Read More »
Introduction The law of evidence is a system of rules for ascertaining controverted questions of fact in a judicial investigation of the dispute before the Court. In India, the Indian Evidence Act, 1872 (“Indian Evidence Act”) is the principal legislation indicating, what is evidence, what are the types of evidence, what are the facts on
Art of Cross-examination : Basic Canons Read More »
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