Parties Cannot Restrict Limitation Period For Invoking Arbitration In Contravention To The Limitation Act
The Delhi High Court, in the case of Municipal Corporation of Delhi v. Natraj Construction Company, by relying on Section 28 of the Indian Contract Act, held that parties under an arbitration agreement cannot restrict the period lesser than the statutory period of three years for invoking arbitration in contravention to the limitation period provided […]
Transforming Dispute Resolution: How A Metaverse Platform Offers Effective, Efficient, And Convenient Arbitration
The world is rapidly evolving, and technology is a significant driver of that change. With the advent of the metaverse, a virtual world where users can interact, it was only a matter of time before its benefits found application in alternative dispute resolution (ADR). The Dubai International Arbitration Centre (DIAC) has taken a step towards […]
Typography And Its Importance In Arbitration Submissions
As an arbitration lawyer, the power of the written word is essential to your work. However, there is another factor that often gets overlooked – typography. Typography is the art of arranging letters to make text legible, clear, and visually appealing to the reader. It involves font style, point sizes, line lengths, line-spacing, and page […]
India International Arbitration Centre (Iiac) Regulations 2023: Criteria For Admission To The Panel Of Arbitrators
On March 31st, 2023, the India International Arbitration Centre (IIAC) released new regulations entitled “India International Arbitration Centre (Criteria for Admission to the Panel of Arbitrators) Regulations, 2023.” The IIAC was established and incorporated under section 3 of the India International Arbitration Centre Act, 2019 (17 of 2019) to provide a framework for the conduct […]
Community Mediation: A Pathway To Resolving Conflicts In India
India is a diverse nation with a multitude of cultures, traditions, and beliefs. It is also a nation with a long history of conflict and disputes, ranging from land disputes, family feuds, and communal clashes. These conflicts often lead to long-standing tensions and even violence, which have the potential to destabilize the social fabric of […]
Promoting Transparency And Accountability In Arbitration: The Depository Of Arbitral Awards In The Arbitration Council Of India
The Arbitration Council of India (ACI) was established in 2019 under the Arbitration and Conciliation (Amendment) Act, 2019. One of the duties and functions of the ACI is to establish and maintain depository of arbitral awards. The purpose of the depository is to provide a centralized repository for arbitral awards in India, with the aim […]
The Doctrine Of Severability In Arbitral Awards: A Case Analysis
The Bombay High Court recently reiterated that the doctrine of severability can be applied to arbitral awards, so long as the objectionable part can be segregated. The Arbitral Tribunal cannot decide an issue in violation of the terms of the agreement between parties, by applying the principles of equity. This is especially true when parties […]
Cnica Mediation Training Workshop 8th April 2023 10.00 Am To 5.00 Pm – 7 Hours Programme
CNICA Arbitration Centre is organizing a one-day certificate course on Mediation on 8th April 2023 at 4th Floor, “Raheja Towers” Anna Salai, Near LIC Metro, Chennai 600 002. The workshop is designed to promote the need for consensus-oriented procedures of mediation and provide training in mediation methods for lawyers, legal practitioners, judicial staff members, law […]
Legal Obligation To Refer Disputes To Mediation: Maxx Engineering Works V Pq Builders [2023] Sghc 71, High Court, Singapore
In a global economy where complex contractual relationships are common, disputes may arise, leading to time-consuming and costly legal proceedings. Mediation is a popular alternative dispute resolution (ADR) method that resolves disputes quickly and efficiently. However, the question arises whether there is a legal obligation to refer disputes to mediation before arbitration. Maxx Engineering Works […]
The Importance of Arbitration in India: A Pro-Business Approach
Arbitration has long been a crucial aspect of the Indian business landscape, playing a vital role in resolving commercial disputes in a quick and cost-effective manner. In recent years, the Indian government has made a concerted effort to streamline the arbitration process, making it more efficient and reducing the need for judicial intervention. The key […]
Delhi High Court admits the challenge of order of dismissal ofpetitions for enforcement of arbitral awards
The enforcement of the arbitral award was rejected on the ground that the Execution Petition itself was not maintainable for violating Section 12(5) and Schedule 7 of the Arbitration and Conciliation Act, 1996, as amended in 2015. The rejection was questioned in CM(M) 93/2023, High Court, Delhi, in HDFC Bank Ltd. vs. Azad Kalam on […]
