• Annual Arbitration Review- 2017

    Aravali Power Company Pvt. Ltd. vs. M/S. Era Infra Engineering Ltd.: Challenge to Constitution of an Arbitral Tribunal

    Reading Time: 5 minutes In a challenge to the appointment of the arbitrator and constitution of the Arbitral Tribunal the Supreme Court overruled the High Court’s judgment on the ground that, first, the applicable statutory provisions would be the un-amended arbitration act and second that in order to make out a case under section 11(8) the criteria under section 11(6) must be satisfied. It was laid out by the apex court that in the present case, the law as held in Northern Railway Administration[1], would be followed i.e., “The terms of the agreement ought to be adhered to and/or given effect to, as closely as possible.”

  • Mediation

    Dayawati v. Yogesh Kumar Gosain: Expanding The Scope of Mediation to Criminal Matters?

    Reading Time: 5 minutes Alternative Dispute Resolution (ADR) mechanisms are deep-rooted in Indian society. Since the ancient period ADR techniques like panchayats have played an important role in village level dispute resolution.[i] In the recent times, mediation has emerged as the most preferred mode of dispute resolution in which a neutral third party assists the parties at dispute to arrive at consensus with concrete effects. On 17th October, 2017, a division bench of Delhi High Court delivered the judgement in Dayawati v Yogesh Kumar Gosain  (Hereinafter “Dayawati”) and held that a criminal compoundable case of ‘cheque bounce’ under section 138 of Negotiable Instrument Act, 1881 (Hereinafter “The NI Act”), can…

  • Annual Arbitration Review- 2017,  Arbitration

    Alchemist Asset Reconstruction v. Hotel Gaudavan: Arbitration Proceedings during the Moratorium under the Insolvency & Bankruptcy Code, 2016

    Reading Time: 2 minutes The Supreme Court in this decision, unequivocally reiterated the mandate of the Insolvency and Bankruptcy Code, 2016, that, upon imposition of a moratorium under Section 14 (1) (a) of the Code, no new suit or arbitration proceedings can be initiated against the entity under moratorium. Furthermore, continuation of any suit or legal proceeding is prohibited.

  • Arbitration

    ‘Hot-Tubbing in Arbitration’ – The Latest Fad or a Creative Solution Here to Stay?

    Reading Time: 4 minutes Arbitrations often involve dealing with questions pertaining to complex technical, financial and monetary, cultural, and linguistic issues. It may be impossible for the counsel and the arbitrators to know and understand these issues fully without any additional support or help from the experts in those particular fields. Thus, expert opinions, or rather the testimonies of the experts, play an important role in multi-faceted or complex arbitrations. The role of the expert witness is not to assert the client’s position but to help assist the Tribunal in getting all the information to arrive at a decision regarding the issues central to the dispute. However, in practice the…

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