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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...
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The present paper conceptually discusses the importance of The arbitration and conciliation Act, 2019 and its impact on …
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Third Party Funding of arbitral claims has witnessed a phenomenal interest in recent times, especially because of the increase in volume and variety of participants and stakeholders, presenting reasons for cautious excitement and a few concerns about regulation of such diversity. The presence of...
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the country. Due to the slow pace of the Indian Courts, Indian Arbitration and Conciliation Act 1996 was introduced as a … solution to the international commercial settlement disputes in India. Arbitration law in India is modeled on the UNCITRAL … Model of arbitration which empowers the parties to resolve disputes without approaching the Court of Law which has made it …
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The rapid expansion of commercial transactions and globalization has given rise to spiraling growth in arbitration at … the national as well as international stages. Arbitration is one of the modern techniques of alternative dispute … resolution (ADR) that has gained a lot of prominence due to the freedom it offers to the disputants. Online Arbitration is a …
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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 …
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