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Arbitration
The researcher has dealt with construction arbitration cases in Malaysia. For clarity, the researcher has divided each case into four parts: Name of the caseDate of judgmentName of judgesImportance of the case Thus, the construction arbitration cases in Malaysia are as follows: The Felda Decisions The researcher has taken two Felda Decisions. In these cases, the High...
Introduction When disputing parties agree that one or more individuals will decide on the issue after obtaining evidence. And hearing arguments is called arbitration (it is a private process). An arbitrator has the ability to decide on a disagreement, which distinguishes it from mediation. Similar to a trial, the parties make opening remarks and present...
With the rampant progress in the infrastructure sector, there is a rise in the number of disputes. This article will examine the judgments of some of the very recent cases involving construction disputes. Mumbai International Airport Ltd. V. Airports Authority of India Facts: Mumbai International Airport Ltd. (MIAL) and the Airports Authority of India (AAI)...
Arbitration is the procedure to resolve disputes between the parties outside the courts with the intervention of an arbitrator who is generally a third party. There should be a consensus between the parties to enter into arbitration. The arbitration proceeding is generally governed byThe Arbitration and Conciliation Act, 1996. The present article deals with an...
It is essential to choose to change with time, or else anything can become virtually defunct. Amendments to legislation are thus crucial to pump life and adapt to the consistently evolving industry/community demands. Based on the 1985 UNCITRAL, the Arbitration and Conciliation Act, 1996 governs arbitration and conciliation in India. There has been massive development,...
With the prevalence of arbitration-friendly procedures, Malaysia is coming out as one of the plumped for arbitration seats in Asia. A number of factors contribute to Malaysia’s emergence as pro-arbitration leadership. These include important amendments to the country’s Arbitration Act of 2005, the Malaysian Judiciary’s orientation as pro-arbitration, and lastly, the advancement of the Asian International Arbitration Centre...
Introduction The case, Fuentes, et al. v. UniRush LLC, et al deals with the mandatory consumer arbitration clause. In 2015 a technological glitch happened to the RushCard. It left the users separated for days from the money in their accounts. The RushCard worked as a substitute to the bank account. Many users were unable to pay...
In recent years, there have been a number of high-profile arbitration cases in India. This is due, in part, to the increasing awareness of arbitration as a dispute resolution mechanism. Arbitration offers a number of advantages over other methods of dispute resolution, such as litigation. Arbitration: What is Arbitration? Section 2a of The Arbitration and...
What is arbitration? Arbitration is a form of Alternative Dispute Resolution mechanism, which has been in existence since the 1980s. Based on the 1985 UNCITRAL, the Arbitration and Conciliation Act, 1996 governs arbitration in India. It aims to modernize the arbitration law in India and bring it to par with international practices. In other words, it...
The researcher has dealt with recent cases on arbitration law in this blog. In addition, the majority of the judgment of the cases came in 2021. For clarity, the researcher has divided each case into four parts: Name of the partiesFactsIssueJudgment Thus, the cases are as follows: Case: Shapoorji Pallonji and Co. Pvt. Ltd. v....
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