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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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This paper critically discusses the issue of enforceability of investment treaty arbitration (ITA) awards against India … under the Indian domestic law on arbitration. In this regard, the paper discusses the relevant provisions of the Indian … arbitration law and its interpretations by the Indian judiciary to understand their ramifications for the enforcement of ITA …
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The present paper conceptually discusses the importance of The arbitration and conciliation Act, 2019 and its impact on …
Persistent link: https://www.econbiz.de/10012836164
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...
Persistent link: https://www.econbiz.de/10012899742
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
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 …
Persistent link: https://www.econbiz.de/10014166909
mixture of conventional Arbitration under Arbitration & Conciliation Act 1996, combined with technological features requiring …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 …
Persistent link: https://www.econbiz.de/10014169023