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    THE STORY BEHIND SECTION 11(6A) OF THE ARBITRATION AND CONCILIATION ACT, 1996 BY GURSEHAJ SINGH

    Reading Time: 6 minutes ABSTRACT Section 11(6A) of the Arbitration and Conciliation Act, 1996 was inserted via the 2015 Amendment upon the recommendation of the Law Commission of India in their 246th Report. This article will engage with this provision and provide a brief overview of the developments that have happened over the years relating to it. The intent behind this provision has been ignored by the Indian Courts while deciding upon relevant cases. This article will also analyze the judicial discourse in a few significant cases, which have contributed to the controversy behind this provision. Lastly, the article will talk about the proposed repeal of this provision via the 2018…

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    MALLEABILITY OF SECTION 19 by Athul Aravind and Aarya Pachisia

    Reading Time: 8 minutes INTRODUCTION Section 19 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Arbitration Act”) allows parties to determine their own procedure and gives the arbitrator discretion to conduct proceedings in a manner she or he deems fit. It is widely accepted that the Arbitration Act is modeled on the UNCITRAL Model Convention and is pari materia with many provisions contained in the said Convention. Similarly, Section 19 of the Arbitration Act is identical to Article 19 of the UNCITRAL Model Convention. This paper seeks to analyze Article 19 so as to gain further clarity on its counterpart in the Indian Arbitration Act. UNCITRAL…

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    An Analysis of S.34 of the Arbitration & Conciliation Act, 1996 by Rhea Tewary

    Reading Time: 5 minutes This paper provides a comprehensive analysis of S.34 beginning with the recent decision of the Supreme Court in Ssangyong Engineering & Construction Co. Ltd. v. National Highways Authority of India (NHAI)[1] in which the Court deliberated upon the amendments to S.34 of the Act and whether they are applicable prospectively or retrospectively. The second part of this paper will deal with the question of subsection (2) (a)[2] of the aforementioned provision, in particular the words “furnishes proof” and the catena of case laws pertaining to the same. The paper will then go on to address in brief cases in which the Arbitration and Conciliation Act, 1996 is given…

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    MEDIATION FOR SETTLEMENT OF SEXUAL HARRASSMENT DISPUTES BY ADRIJA BHOWAL

    Reading Time: 7 minutes Arbitration mainly deals with labour and contractual disputes. Even so, in today’s day and age, numerous grievances, especially in the work place involve settlement of disputes through mediation. One of the earliest and most widely known example of grievance mediation would be the United Mine Workers of America in the bituminous coal industry, which laid down the steps of procedure to resolve work related grievances between employer and employees using mediation. In this model the mediator facilitated the discussion among parties as an advisory opinion. If the dispute could still not be settled, the matter was then referred to arbitration. Later, matters involving discipline, discharge, and…

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    Admissibility of Illegally Procured Evidence in International Commercial Arbitration by Karan Himatsingka

    Reading Time: 4 minutes An issue which has cropped up before various tribunals and courts is whether illegally procured evidence, which may even be confidential, is admissible. In international arbitration, there is an absence of rules excluding its admissibility. Generally, tribunals are given broad discretion when it comes to questions of evidence. Particularly in international investment arbitration, there is divergent opinion on whether such evidence is admissible or not. While opinions in Conoco Phillips v. Venezuela have held evidence procured illegally to be admissible to ensure that a party is fully able to present its case, there are contrary opinions rendered by ICSID tribunals in Methanex v. USA where such evidence was considered inadmissible.…

  • Annual Arbitration Review 2018

    Anilkumar Jinabhai Patel (D) V Pravinchandra Jinabhai Patel Civil Appeal No. 3313 of 2018 arising out of SLP (C) No.15668 of 2012

    Reading Time: 3 minutes Judgment:  Anilkumar Jinabhai Patel (D) v Pravinchandra Jinabhai Patel   Citation:(2018) 15 SCC 178   Court: Supreme Court of India   Coram: R.K. Aggarwal, R. Banumathi, JJ.   Date: March 29, 2018   Overview: Issue:Whether the High Court was right in holding that the application under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside the award was barred by limitation? Factual background: A business of chemicals, fertilizers and real estate was run by the Petitioner (Anilkumar Jinabhai Patel) and Respondent (Pravinchandra Jinabhai Patel) who are brothers in Gujarat. In the course of their business, they set up a number of companies and…

  • Annual Arbitration Review 2018

    Precious Sapphires Limited v Amira Pure Foods Private Limited

    Reading Time: 3 minutes Judgment: Precious Sapphires Limited v Amira Pure Foods Private Limited   Citation: Ex. P. 330/2015 & E.A. No. 387/2018   Court: The High Court of Delhi   Coram: Navin Chawla, J.   Date: 28 November 2018   Overview: This case deals with the effect of an amendment in the procedural law of the High Court of Delhi on a petition for enforcement of a foreign award.   Issue: Whether this petition has to be transferred to the jurisdictional Subordinate Court or continue to be entertained by this Court following the promulgation of the Delhi High Court (Amendment) Act, 2015?   Factual Background: The present enforcement petition…

  • Annual Arbitration Review 2018

    Worlds Window Infrastructure & Logistics Pvt. Ltd. v Central Warehousing Corporation

    Reading Time: 7 minutes Judgment:Worlds Window Infrastructure & Logistics Pvt. Ltd. v Central Warehousing Corporation   Citation:253 (2018) DLT 122/ 2018 (5) ArbLR 51 (Delhi)   Court: The High Court of Delhi   Coram: Navin Chawla, J.   Date: 14 August 2018   Overview:The court considered two petitions challenging the mandate of the Arbitrator. The first was filed under section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”), requesting the court to appoint an Arbitrator. The second was filed under section 14 read section 12 of Act challenging the independence and impartiality of the Arbitrator. The court dismissed the petitions as it found no…

  • Annual Arbitration Review 2018

    Manish Anand & Ors. v FIITJEE Ltd.

    Reading Time: 3 minutes Judgment: Manish Anand and Ors. v FIITJEE Ltd.   Citation: 248 (2018) DLT 499   Court: The High Court of Delhi   Coram: Navin Chawla, J.   Date: 21 February 2018   Overview:The mandate of the Sole Arbitrator was challenged in this case under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) on two grounds. First, the unilateral appointment of the Arbitrator by the respondent. Second, that the Arbitrator had not given proper disclosure as required under Section 12(1) of the Act.   Issue: (1) Whether the unilateral appointment of the sole Arbitrator by a party is invalid? (2)…

  • Annual Arbitration Review 2018

    Goel Construction Co. Pvt. Ltd. v The Institute of Chartered Accountants of India

    Reading Time: 2 minutes Order: Goel Construction Co. Pvt. Ltd. v The Institute of Chartered Accountants of India   Citation: O.M.P. (T) (COMM.) 120/2018 & I.A. No. 15421/2018   Court:The High Court of Delhi   Coram: Navin Chawla, J.   Date: 13 November 2018   Overview: A petition had been filed under Section 14 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) challenging the mandate of the Arbitrator as he had not made the requisite disclosure under Schedule VI of the Act. The court disposed the petition with a direction to the Arbitrator give the disclosure within one week of communication of the order.  …