Tag: Arbitration act
Foreign arbitration must be independent but fair
Indian courts balance party autonomy and judicial oversight in anti-arbitration injunctions
Enforcing arbitration awards in British Virgin Islands
The British Virgin Islands is a user-friendly jurisdiction for enforcing arbitral awards
Using redevelopment to evict occupants banned
Bombay High Court rules redevelopment cannot replace eviction, protecting occupant’s rights to transit rent and redeveloped premises
India’s arbitration dilemma
Arbitration is favored for commercial disputes, but judicial review remains debated
Arbitrator disclosure with a limitation period
An arbitration is only as good as the arbitrator
Cayman toolkit for foreign arbitration
Recent developments have reinforced the Cayman islands’ pro-arbitration reputation
A regional comparison of arbitration landscapes
The competition for arbitration business is heating up with a host of national developments
Pursuit of parity
With a South Korean committee for women arbitrators firmly in place, we seek expert views on the way forward for arbitration in the country
Time of the essence in appeal limitations
The Supreme Court has shed light on the application of the Indian Limitation Act, 1963, and the General Clauses Act, 1897, in arbitration awards
No stamp, no arbitration
Supreme Court judgment on 25 April 2023 (NN Global Mercantile Pvt Ltd v Indo Unique Flame Ltd) finally settled the ongoing legal conundrum of the enforceability of an arbitration agreement in an unstamped contract
When arbitration suits the court
An April 2023 decision by a division bench of the Supreme Court of India has held that arbitration is the appropriate method of deciding whether a development agreement can be lawfully cancelled
When is interference possible under Arbitration Act?
It was further held that the court at the referral stage can interfere only when it is manifest that the claims are ex facie time-barred and dead, or there is no subsisting dispute
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