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The present paper conceptually discusses the importance of The arbitration and conciliation Act, 2019 and its impact on … doing business and on CMA profession in India …
Persistent link: https://www.econbiz.de/10012836164
The question of standard of review in cases under Sections 34 and 48 of the 1996 Act remains uncertain and courts have not dealt with this issue with any clarity. This, in fact, concerns more with the question of “who” would have the final say over arbitral decisions: whether it is the court...
Persistent link: https://www.econbiz.de/10012848204
The separability of an arbitration agreement from the underlying contract is a well-established theory in commercial … arbitration. This theory has been applied by courts and arbitral tribunal across the globe without any deviance. However, the … position becomes complex when the question is regarding the separability of an arbitration agreement when the underlying …
Persistent link: https://www.econbiz.de/10014080995
solution to the international commercial settlement disputes in India. Arbitration law in India is modeled on the UNCITRAL … outside India attracts disputing parties to enlist the services outside India. International arbitration outside India can be …Despite the increasing inflow of foreign capital in the Indian economy, India’s potential to attract to attract FDI …
Persistent link: https://www.econbiz.de/10014166909
application of Information Technology Act 2000. This paper looks at the dimensions of online arbitration in India along with the … arbitration if India wants to cut down on its ever increasing backlog of cases and this form of ADR would allow quick settlements …The rapid expansion of commercial transactions and globalization has given rise to spiraling growth in arbitration at …
Persistent link: https://www.econbiz.de/10014169023
Arbitration & Conciliation Act 1996 (1996 Act) holding them to fundamentally different since their roots are in public … investor's substantive rights under an investment treaty and how they accommodate with India's national law principles, when an … investor has invoked arbitration against the host-State, which both parties accept, is subject to the law governing at the seat …
Persistent link: https://www.econbiz.de/10012840257
arbitration. These three cases are Port of Kolkata v LDA, India v Vodafone, and India v Khaitan. Through these three cases, for … of BIT arbitration awards in India. On “abuse of process”, the courts held that these questions should be addressed by …Although India has been entangled in close to 15 bilateral investment treaty (BIT) arbitrations, Indian courts have had …
Persistent link: https://www.econbiz.de/10012840989
India has all the makings of a regional standard-bearer for international commercial arbitration. It was one of the … ratify the New York Convention. Yet India has seen remarkably little tangible progress toward arbitration reform. Even Indian … parties and counsel appear uniformly reluctant to choose India as a seat for international commercial arbitration, and despite …
Persistent link: https://www.econbiz.de/10012853259
based on the existing UNCITRAL Arbitration materials for ad-hoc arbitrations in India … UNCITRAL Arbitration Rules, Notes on Organising Arbitrations Proceedings, Model Law on International Commercial Arbitrations …, or a new adaptation of these materials for use in ad-hoc arbitrations in India. In particular, the article explores the …
Persistent link: https://www.econbiz.de/10013321641