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Justice Hima Kohli, who bids farewell to the Supreme Court, became the first woman Chief Justice of the High Court for the State of Telangana and became the ninth woman to be elevated to the Supreme Court of India.
The Collegium noted that Advocate Karia is a domain expert in the law of arbitration and has extensive experience in conducting arbitrations, both domestic and international.
The direction given by the Sole Arbitrator to exclude the period from 31-03-2015 to 31-03-2017 for calculation of pre-litigation interest was contrary to the express terms in the Agreement made between the parties.
by Vasanth Rajasekaran* and Harshvardhan Korada**
Due to the respondent 1’s brazen disregard for the status quo order, the Court in absence of a Section 17 remedy, had to grant an interim relief under Section 9 of the Arbitration and Conciliation Act, 1996.
In the instant appeal, the Court had to consider the interplay of Sections 9 and 37 of the A&C Act; Section 13 of the Commercial Courts Act, 2015 and Rule 9 of High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2001.
Since AISPL and the ASF Group had assumed responsibility for payments to be made to SPCPL, their impleadment was necessary for a comprehensive adjudication of the matter.
by Dinesh Pardasani†, Bibin Kurian†† and Raghav Mudgal†††
There is nothing to show that there is any inconsistency or repugnancy between the provisions of the Real Estate (Regulation and Development) Act, 2016 and arbitration as an alternative. The parties have agreed to arbitration clause provided in contract agreement for settlement of disputes including the issue raised by petitioners.
Amity Law School invites papers for Amity Law Review (ALR), Vol.20, 2024.
The Panel Discussion was hosted at the International Dispute Resolution Centre on 06-06-2024, as a part of the London International Disputes Week (LIDW) 2024.
The instant dispute involved a conflict between two contracts executed by petitioner Coinbase, Inc., operator of a cryptocurrency exchange platform, and the respondents, who used Coinbase.
This year’s LIDW has attracted over 7,000 registrations for events during the week, with 100 different jurisdictions represented, double the number recorded the previous year.
by Vasanth Rajasekaran† and Harshvardhan Korada††
The Delhi High Court says that the seat of the arbitration is to be determined based on arbitral proceedings and not with cause of action for underlying disputes.
“The Statehas miserably failed to show any patent illegality warranting interference in appellate jurisdiction. Mere allegation would not suffice until and unless it stands substantiated from the pleading and the records.”
by Vasanth Rajasekaran† and Harshvardhan Korada††
MSMED Act is a beneficial legislation for Micro Small & Medium Enterprises and provides that a buyer can also raise counter claims before the statutory arbitrator under the MSMED Act. Moreover, the scope of the Act as stated therein is to the extent that even if there is an agreement for arbitration between the parties, the MSMED Act will have overriding effect.
The Court opined that all nine contracts are related to same project and if it is accepted that there is an Arbitration Clause only in five contracts, then parties will have to be relegated to civil proceedings, which will lead to multiplicity of disputes, delay in adjudication and possibility of conflicting rulings.
The vesting of the power for the confirmation of the nomination of arbitrators in the General Manager of the employer, runs contrary to the principle of impartiality and independence of the arbitration process.