“The enforcement of Award through its execution can be filed anywhere in the country where such decree can be executed and there is no requirement for obtaining a transfer of the decree from the Court, which would have jurisdiction over the Arbitral Proceedings. In Kotak Mahindra Bank Ltd., (2011) 4 LW 745 (Mad HC) it […]Read more "Execution of Final Arbitral Award / Deemed Decree"
My Lord, Is an appeal, not maintainable under Section 50 of The Arbitration and Conciliation Act, 1996, nonetheless maintainable under Section 13(1) of The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015? No. “Both The Commercial Courts Act as well as the detailed Arbitration Amendment Act of 2015, were brought […]Read more "Section 50 of The Arbitration Act II"
The Supreme Court considered the ‘incorporation by reference’ issue in a well-reasoned and comprehensive judgment in M.R. Engineers and Contractors Private Limited v. Som Datt Builders Limited, (2009) 7 SCC 696 (2 Judges). An important proposition in M.R. Engineers was a distinction that the Court made between “standard form contracts” and other contracts. Relying on observations in Russel on Arbitration, (23rd Edition, […]Read more "Section 7(5) of The Arbitration Act II"
One of the most controversial and interesting questions in contemporary Arbitration Law is incorporation by reference. It is a common practice in some industries, particularly shipping and construction, for the contractual relationship between the parties to be composed of several documents. It sometimes happens that a dispute arises with reference to one of these documents, […]Read more "Section 7(5) of The Arbitration Act I"
An Arbitrator’s appointment was argued to be bad for the reason of Item 1 of the Seventh Schedule read with Section 12(5) of The Arbitration Act that ensures if the Arbitrator is an employee, consultant, advisor or has any other past or present business relationship with a party to the Arbitration he becomes “ineligible” to […]Read more "Section 12(5) of The Arbitration Act II"
“A few days ago we had highlighted a decision of the Bombay High Court in DBM Geotechnics v. BPCL where the High Court had drawn a distinction between the power to nominate an Arbitrator and the choice of the Nominee. The Arbitration Clause allowed an employee of a company to nominate another employee as an Arbitrator. […]Read more "Section 12(5) of The Arbitration Act I"
The Shashoua Principle [Roger Shashoua v. Mukesh Sharma, 2009 EWHC 957 (Comm)] “When… there is an express designation of the Arbitration Venue as London and no designation of any alternative place as seat, combined with a supranational body of rules [i.e. ICC] governing the Arbitration and no other significant contrary indicia, the inexorable conclusion is, […]Read more "Implied Exclusion of Part I of The Arbitration Act IV: The Shashoua Principle"