Arbitration

Constitution Of The Bombay High Court™s Tax Bench w.e.f. 10.06.2013

The Constitution of the Tax Bench in the Bombay High Court w.e.f. 10.06.2013 has been announced. The following is the Constitution: 1. THE HON™BLE CHIEF JUSTICE AND THE HON™BLE SHRI JUSTICE M.S. SANKLECHA (COURT ROOM NO. 52) MONDAY TO FRIDAY EXCEPT THURSDAY   For admission, final hearing and Interlocutory applications therein:- Original Side Civil Writ Petitions… Read More

Tags: ArbitrationBombay High CourtHonIncome taxLawMaharashtraThe HonourableWrit Petition

Arbitration Proceedings A Case Study

Arbitration Proceedings A Case Study Before HON™BLE SOLE ARBITRAL TRIBUNAL PAPER MERCHANTS ASSOCAITION (REGD.) GALI BATASHAN, CHAWRI BAZAR, DELHI-110 006 Preliminary Objections The Respondent had raised following Preliminary Objections. 1. The said application dated 29.10.2012 seeks exclusion of time in computing the period of limitation u/s 14 of the Limitation Act, 1963. This application is… Read More

Tags: Arbitral tribunalArbitrationClaimantConciliation ActDelhiDelhi High CourtDivision BenchLimitation ActPaper Merchants AssociationThe Honourable

In order to recover foreign arbitration award, a Company’s name can be restored

Ratio of the Case: Merely because a financial loss would be suffered by the appellant qua the arbitration Awards which had been passed against him would not entitle him to come under the exception seeking a refusal of the restoration of the company. CLR Editorial Note: The appellant was aggrieved by an order wherein an… Read More

Tags: AppealArbitral tribunalArbitrationArbitration awardCivil procedureDispute resolutionLawSingapore

Arbitration Mechanism through Stock Exchanges – Introduction of Automatic Process and Common Pool of arbitrators

CIRCULAR CIR/MRD/ICC/ 8 /2013 March 18, 2013 All Stock Exchanges having nation-wide trading terminals Dear Madam/Sir, Sub: Arbitration Mechanism through Stock Exchanges - Introduction of Automatic Process and Common Pool of arbitrators. SEBI has received inputs from investors regarding functioning of the arbitration mechanism at the Stock Exchanges. In light of which, you are advised… Read More

Tags: ArbitrationBusinessDelhiInvestingSecurities and Exchange Board of IndiaSecurities and Exchange Board of India Act 1992Stock exchangeTrade

Even on the termination of the agreement/contract, the arbitration agreement would still survive

CLR Editorial Note: The main issue in dispute in the present case was whether disputes that have arisen in relation to the termination of the MOU and the consequences thereof, are covered by the arbitration clause in the MOU which clearly provides for resolution of disputes through arbitration. The Supreme Court has held that since the… Read More

Tags: Arbitral tribunalArbitrationArbitration clauseBangaloreBrusselsCase LawsPetitionerSeptember 2009Supreme Court

Balco Judgment

The Indian Judiciary has always been frowned upon by the foreign investors and foreign lawyers alike, for interfering and delaying the arbitral proceedings having its seat outside India (Foreign Arbitrations). Hitherto, the Indian courts, based on the ratios laid down by the Hon™ble Supreme Court in Bhatia International[1] and Venture Global[2]have been passing orders under… Read More

Tags: ArbitrationArbitration awardConciliation ActForeign ArbitrationHonIndiaSupreme CourtThe Honourable

SEBI | Arbitration Mechanism in Stock Exchanges

Securities and Exchange Board of India CIRCULAR CIR/MRD/ICC/ 29 /2012 November 7, 2012 The Managing Director/Executive Director, All Stock Exchanges. Dear Madam/Sir, Subject: Arbitration Mechanism in Stock Exchanges 1. Reference may be made to circular no. CIR/MRD/DSA/29/2010 dated August 31,2010. In this regard, SEBI has received inputs regarding amount to be deposited by the investors… Read More

Tags: ArbitrationCircularSEBI

Limitation period for setting aside Arbitral Award

Setting aside arbitral award Limitation for making an application for - Is period of limitation to be reckoned from the date a copy of award is received by the objector or from the date a signed copy is delivered by arbitrator Section 34  The period of limitation for filing an application under section 34 for setting… Read More

Tag: Arbitration

Prerequisites of an Arbitration Agreement

Arbitration and Conciliation Act, 1996 [2010] 98 CLA (Snr.) 1 (P&H) Ramji Bharany and others v. Ambience Developers and Infrastructure (P.) Ltd. First Appeal from Order No. 583 of 2010 (O&M) Decided by the High Court of Punjab & Haryana Rakesh Kumar Jain, J 21st May 2010 (2010-3) 159 PLR 198 Section 7 Arbitration agreement… Read More

Tags: ArbitrationClass actionFederal Arbitration ActHaryanaStolt-NielsenSupreme CourtSupreme Court of the United StatesUnited States

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