Tag: Arbitration

Arbitration, Posts

Reading in the Forbidden Procedure : Power to Modify Arbitral Orders Through Section 37

In this post, the author discusses the power to modify arbitral awards as developed under section 37 of the Arbitration and Conciliation Act, 1996. This is recent development in the Delhi High Court which raises interesting prospects with regards to finality of arbitration and lack of guidance to such modification. The author deals with the question of whether the court has the power under section 34 to modify or remit the award. Lastly, the author attempts to interpret both the sections together to understand whether introducing such power is correct or not. Continue reading Reading in the Forbidden Procedure : Power to Modify Arbitral Orders Through Section 37

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Arbitration, Contract, Contract Law, Posts

 Applicability of Res Judicata and Lis Pendens in the Self-Contained Investor-State Arbitration Regime

In this post, the author highlights how the concept of parallel proceedings is a serious problem in the arbitration for a as it leads to inconsistent arbitral awards by different tribunals adjudicated on the same set of facts. The author critically analyses the application of legal doctrines of Res Judicata and Lis Pendens in parallel investor-state treaty arbitrations. They further explore the problem and discuss how parallel proceedings can be prevented in order to avoid the multiplicity of different awards. Lastly, they provide possible or alternate solutions to the above discussed problem to avoid the cost and multiplicity of proceedings. Continue reading  Applicability of Res Judicata and Lis Pendens in the Self-Contained Investor-State Arbitration Regime

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Arbitration, Civil Procedure

EVERGREEN V JOHN TINSON: ANALYSING SUPREME COURT’S ERRONEOUS RULING ON SECTION 17 OF ARBITRATION ACT

In this article, the authors analyse can an interim measure be granted under Section 17 of the A&C Act, 1996 where the liability is seriously disputed? The author analyses in depth the provisions of the same in light of various precedents that the Hon’ble Supreme Court has given in the regard. The author concludes the said research with a recent judgment of the supreme court whereby the Hon’ble Supreme Court answered negative. Continue reading EVERGREEN V JOHN TINSON: ANALYSING SUPREME COURT’S ERRONEOUS RULING ON SECTION 17 OF ARBITRATION ACT

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