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Law Senate

Member since: May 9, 2020
Total live articles: 16

Recent Articles by Law Senate

No Need For A Written Arbitration Clause For Appointing Arbitrator By Consent...

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In Swadesh Kumar Agarwal case[1] decided on 5th May 2022, Supreme Court of India ruled that there is no requirement of a written arbitration agreement between the parties, if the arbi...

Ineligible Arbitrator Can Be Challenged Even In Pre-2015 Cases And At Any Poi...

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Supreme Court of India in its recent Judgment dated 04th January 2022 pronounced by the bench consisting of Hon'ble Justices Mr.M.R.Shah and Mrs Nagarathna in the case of Ellora Paper Mills[1] ...

Supreme Court Of India Recognizes Enforcement Of Emergency Arbitrator Award

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Prior to 2010, if a party to an international arbitration requires to get an interim order, prior to formation of the arbitral tribunal, it was left with no other option other than approaching ...

Limitation Applies To Recovery Proceedings Under MSMED Act

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In a recently delivered judgment of M/s Silpi Industries etc. vs. Kerala State Road Transport Corporation & Anr, the Hon'ble Apex court of our country delved into the issue as to whether th...

Arbitrator�s Decision On The Jurisdiction, Can Be Challenged Only Along With ...

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Supreme Court of India while dealing with the case of Deep Industries[1], held that an order passed by allowing or dismissing an application filed under Section.16 of the Arbitration and Concil...

Arbitration law: Everything you want to know

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Arbitration is a private dispute resolution practice, to resolve disputes between the parties, without approaching the National Courts of a country. But at the same time the procedure of arbitr...

Two Indian Companies Can Resolve Their Disputes By Way Of A Foreign Seated Ar...

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The Supreme court of India in its recent judgment, in the matter of PASL Wind Solutions[1] delivered on 20th April 2021, held that two or more Indian parties can resort to a foreign seated arb...

Dispute arising out of an Arbitration settlement must go for Arbitration

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The Supreme Court of India vide its Judgment dated April 8, 2021, while disposing of an appeal arising out of an application seeking to appoint an arbitrator under section 11(5) and (6) of the ...

Special Legislation Overrides Arbitration Law Of India

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Arbitration and Conciliation Act 1996 is the procedural law that governs all the arbitrations having the seat of arbitration in India. But at the same time there are some special legislations t...

Supreme Court of India puts an end to one party appointed sole Arbitrator system

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Without having system to ensure impartiality and independence of Arbitrators, arbitration cannot gain confidence in the minds of the parties to the dispute. It is not sufficient that many arbit...

India Deletes Schedule VIII That Banned Foreign Legal Professionals From Sitt...

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On 4th November 2020, Government of India Ministry of Law and Justice promulgated an ordinance in the name of Arbitration and Conciliation Amendment Ordinance 2020. The said ordinance brought i...

Risk allocation clause in a contract cannot interpreted liberally by Arbitrators

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In a recent Judgment of Supreme Court of India in the matter of South East Asia Marine Engineering[1] it was held that in order to mitigate the harsh consequences of frustration of contracts un...

Supreme Court Of India Settles Law Relating To Limitation To Enforce Foreign ...

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By way of a recent Judgment dated 16th September 2020 in the matter of Vedanta[1] Supreme Court of India settled the law relating to limitation to enforce foreign commercial arbitration awards ...

Admissibility Of Evidence Of Electronic Record In India

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By a recent Judgement dated 14.07.2020, the Supreme Court of India while deciding Arjun PanditRao Khotkar[1] settled the law relating to admissibility of evidence of electronic records in legal...

Government Cannot Claim Privileges In Arbitration Matters: Supreme Court Of I...

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The Arbitration & Conciliation Act, 1996 (herein after The Act) with its advent has paved way for an effective alternate dispute resolution mechanism but reduces importance of certain the p...

An overview of FOSFA (Federation of Oils, Seeds and Fats Associations Limited...

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Federation of Oils, Seeds and Fats Associations Limited (FOSFA) is an association of various companies, firms, traders & organizations who are into the business of certain commodities. The above...

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Popular Articles by Law Senate

Admissibility Of Evidence Of Electronic ...

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By a recent Judgement dated 14.07.2020, the Supreme Court of India while deciding Arjun PanditR...

Limitation Applies To Recovery Proceedin...

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In a recently delivered judgment of M/s Silpi Industries etc. vs. Kerala State Road Transport C...

Supreme Court Of India Settles Law Relat...

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By way of a recent Judgment dated 16th September 2020 in the matter of Vedanta[1] Supreme Court...

Special Legislation Overrides Arbitratio...

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Arbitration and Conciliation Act 1996 is the procedural law that governs all the arbitrations h...

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