Congratulations To Mr. Sundra Rajoo: Leading Asian International Arbitration Centre (Aiac) To Greater Heights
The Council for National and International Commercial Arbitration (CNICA) is proud to extend its heartfelt congratulations to Mr. Sundra Rajoo on his recent reappointment as Director of the Asian International Arbitration Centre (AIAC). As a member of the advisory board of CNICA, we are pleased to see Mr. Rajoo’s return to this critical leadership role. […]
The World’s First Robot Lawyer Gets Sued By A Law Firm For Unauthorized Practice Of Law
The emergence of Artificial Intelligence (AI) has made a significant impact on various industries, including law. The advent of the world’s first robot lawyer, DoNotPay, created by California-based tech company, DoNotPay, aimed to help millions of consumers solve their legal problems. However, the robot lawyer, which has been dubbed “The world’s first robot lawyer,” has […]
Delhi High sets aside ex-parte Arbitral Award due to lack of proper communication by Arbitrator
The Delhi High Court recently set aside an ex-parte Arbitral Award on the ground that the Arbitrator failed to issue proper communication to the party before proceeding ex-parte against it. Additionally, the Arbitrator failed to make adequate efforts to examine whether the absence of the party was with or without showing sufficient cause. The case […]
Madras High Court Upholds Dignity Of Legal Profession In Landmark Ruling Against Government’s Fee Ceiling For Lawyers In Arbitration Matters And Civil Suits
In a recent judgement in [V Ayyadurai v The State], the Madras High Court quashed two government orders that had imposed a fee structure for payment of fees of law officers in arbitration matters and civil suits, and set an upper limit of ₹10 lakh for fees to be paid to lawyers. The Court observed […]
Delhi High Court Allows Arbitration of Borrower Despite SARFAESI Enforcement
The Delhi High Court’s recent decision in a case between M/S Diamond Entertainment Technologies Private Limited & Ors. Vs. Religare Finvest Limited (Arb Pet 62/2022), Order dated 14th October 2022 involving the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (“SARFAESI Act”) permits arbitration despite the bank’s commencement of enforcement […]
Exploring Conflicting Views On The Impact Of Unilateral Fee Increases By Arbitrators On Bias: Supreme Court Directs Registry To Constitute Special Bench For Arbitration Matters
The issue of bias of an arbitrator is not a new one, but recent judgments by the Supreme Court of India have shed new light on this topic. In particular, two conflicting views have emerged on the question of whether an arbitrator’s unilateral increase in fees can be considered evidence of bias. This article will […]
The Anupam Mittal Case: Missed Opportunity To Address Arbitrability Of Shareholder Disputes In India By The Singapore Court Of Appeal
The recent judgment of the Singapore Court of Appeal in the Anupam Mittal v Westbridge Ventures II Investment Holdings case has been praised for its pro-arbitration approach. However, it proceeds on the assumption that shareholder disputes in India may not be arbitrable as they fall under oppression and mismanagement (O&M) actions under sections 241 and […]
Overcoming The Arbitration Impasse In India-iran Chabahar Port Long-term Contract Negotiations
International trade and commerce involve complex transactions and agreements between parties from different countries. Such agreements are often subject to disputes, and in such cases, parties resort to arbitration to resolve their differences. However, jurisdiction for arbitration of differences can become a significant challenge, as illustrated by the negotiations between India and Iran over the […]
Arbitration And Conciliation Act Is A Complete Code: Calcutta High Court Rejects Review Of Order Passed Under Section 11
The recent decision by the Calcutta High Court in the case of Sarada Construction versus Bhupendra Pramanik has shed light on the scope of review under the Arbitration and Conciliation Act, 1996. The petitioner in the case sought review of an order passed under section 11 of the Act, which appointed an arbitrator. However, the […]
Improving the Efficiency and Competency of Indian Courts and Arbitration Institutions
The Indian legal system has undergone significant changes in the last decade, especially in the arbitration and dispute resolution sectors. However, much remains to be done to improve the efficiency and competency of Indian courts and arbitration institutions. In this article, we will explore the suggestions made by experts to improve the Indian legal system. […]
Bombay High Court Upholds Multiple Arbitrations By Same Arbitrator For Cooperative Bank Under Mscs Act
In the case between Kalpesh Shantikumar Mehta & Ors. vs. NKGSB Co-op. Bank Ltd & Anr. Dated 09.01.2023 Bombay High Court has given a ruling that refers to the appointment of an arbitrator on more than two occasions in the past three years with respect to disputes involving the same cooperative bank under Section 84 […]
