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Arbitration
Challenges against a decision refusing to recognise an arbitral award There is a right of appeal under Section 50 of the Arbitration Act[1] against a decision refusing to arbitrate a foreign award to the High Court concerned. As an example, that, in the case of a domestic award, the courts can order its annulment Section...
As with a verdict in a court of law, an arbitration award (or arbitral award) is a finding of the merits by an arbitration tribunal. When the claimant’s claims are rejected (and no money needs to be paid by either side), or when the award is non-monetary in character, it is nevertheless referred to as...
ADR- An worldview Alternative Dispute Resolution or ADR has been a popular method to resolve disputes outside the judiciary courts. In the 1980s and 1990s, Canada’s experience with ADR techniques began to undergo a “cultural revolution.” During this time, ADR grew with the need for an alternative and the advised method to dispute resolution. That...
Several landmark judgments on arbitration law were passed by the Supreme Court in the year 2020-2021. These judgments tried to make India an arbitration-friendly country to an extent. Here we have summarized some of the most important judgments rendered by India’s supreme court and their impact on the status quo. Law justice isometric composition with...
Arbitration Hearing Arbitrator hearings rely more heavily on counsel’s representations than judges or juries. This is as of the loosened evidence rules, less formal hearings, and smart decision-makers. The Arbitration hearing comes out to be fundamental and strong as the parties come in place of solving issues in a very vivid and professional manner. If...
What is construction arbitration? Construction arbitration simply refers to the method of resolving disputes in the construction sector.  Moreover, the dispute in this sector generally arises in these 3 segments: ResidentialInfrastructureCommercial Construction The construction team working on site. Builders, engineers, architects in helmets and overalls holding blueprints, toolkits, measuring tools. Vector illustration for building, engineering,...
Introduction Various reports of the time have recapitulated the resurgence and strengthening of the conventional systems of dispute resolution concomitant with the call to forge ahead alternative mechanisms. Given the current situation of COVID-19, technology-driven and virtual platforms have become all the more important. Law Commission has argued that the millions of pending cases put...
Arbitration Clause: Meaning Arbitration Clause refers to a clause in a contract that binds the parties to settle their disputes through Arbitration. These drafted by arbitral institutions are ways to ensure flexible and smooth functioning while solving a dispute. These Model arbitration clauses are thoroughly incorporated into the contracts. These clauses are being to prevent...
When is arbitration used? Arbitration is just another 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...
Permanent Court of Arbitration The Permanent Court of Arbitration was founded in 1899 to allow arbitration and other forms of dispute resolution between nations. It has evolved into a modern, multi-faceted arbitral organization that is capable of mediating between warring parties. In conflicts around the world. The PCA is a multilateral organization. The PCA was...
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