Introduction What happens to an arbitration agreement when one of the parties passes away? Does it vanish with them, or does it bind those who step into their legal shoes? This question, often overlooked but holds immense significance in contractual and partnership disputes. The Hon’ble Supreme Court of India recently weighed on this issue, reaffirming […]
INTRODUCTION “Differences we shall always have but we must settle them all, whether religious or other, by arbitration”. – Mahatma Gandhi With economic growth and to avoid prolonged litigation, the parties’ resort to arbitration as a preferred alternate dispute resolution mechanism. Not only in India but globally it has been realized that arbitration happens to
Can Arbitral Award be modified by Court Read More »
INTRODUCTION Arbitration is a method of alternate dispute resolution, where parties to a commercial transaction enter into an agreement to resolve the disputes arising between them by appointing impartial persons referred to as Arbitrators. The Arbitration and Conciliation Act of 1996 aims to cut down judicial intervention in arbitration proceedings i.e. to minimize the burden
Introduction: Arbitration as a mode of Alternate Dispute Resolution came into existence with a very important objective, i.e., to speed up the process of dispute resolution.[1] To meet this objective the legislation and Courts have time and again made efforts to minimize the interference of the Court in the arbitration process.[2] Whenever an arbitral award
Analysing the Conundrum under Section 34 of the Arbitration Act Read More »
