Arbitration has become a well-sought-after dispute resolution mechanism due to its expedience, and finality. However, arbitration has not always been synonymous with speedy resolution.... Read more »
The Hon’ble Supreme Court in Ajay Madhusudan Patel while appointing a sole arbitrator, reiterated factors that signify the intention of a non-signatory to be bound by the Arbitration Agreement.... Read more »
The inclusion of non-signatories in arbitration proceedings presents a significant challenge to both courts and arbitral tribunals alike, as it challenges the foundational principles of consent and party autonomy in arbitration... Read more »
An arbitration agreement is the lifeblood of arbitration. Whether it takes the form of a standalone document or a clause embedded within a contract, the existence of an arbitration agreement is a fundamental prerequisite for initiating arbitration... Read more »
The Hon’ble Supreme Court in Ajay Protech3 extended time allowing the Arbitral Tribunal to pass an Award, even after expiry of the statutory period stipulated U/S. 29A(1) of the Act4 and held that ‘Sufficient Cause’ U/S. 29A(5) should be interpreted to... Read more »
Writ Jurisdiction in the Indian Constitution has been borrowed from the concept of prerogative writs under English Law and was vested in the Chartered High Courts prior to commencement of Constitution. The framers of the Constitution adopted the concept of writs and funnelled such powers to fruitfully enforce the fundamental rights... Read more »
Shri Karavadi Venkateswarlu Garu was born on June 30, 1924, in Ongole, to Shri K. Raghava Rao Garu, a dedicated Forest Ranger, and Smt. K. Subbamma Garu, a homemaker. Tragedy struck early in his life when he lost his father at the tender age of ten... Read more »
The 2015 amendments to the Arbitration and Conciliation Act aimed to revolutionize the arbitration process in India, focusing on enhancing time and cost efficiency, and ensuring flexibility of procedures with minimal judicial intervention... Read more »
The renewal of a passport when a criminal case is pending against an individual in India poses a complex and intriguing legal dilemma. The question before the constitutional courts is whether an accused can renew their passport like any other citizen without prior permission or a No Objection Certificate (NOC) from the trial court... Read more »
In the recent ruling in M/s Arif Azim Co. Ltd. Vs. M/s Aptech Ltd., Arbitration Petition No. 29 of 2023, the Hon’ble Supreme Court undertook an exhaustive exercise of tracing the law and identifying the existing legislative vacuum regarding the limitation for both the initiation of arbitration proceedings and the filing of an application for the appointment of an arbitrator... Read more »
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Liberal Interpretation of Limitation under the Arbitration Act