Powers of the High Court in Arbitration
Prerna Khatri, Research Associate The Arbitration and Conciliation Act, 1996 is a comprehensive statute, consolidating and amending in nature and goes way beyond the scope of its predecessor enactment, The…
Arbitration
Appointment of Arbitrators and Composition of Arbitral Tribunal
A Game of Even – Odd Numbers Vedang Mishra, Research Associate The Arbitration and Conciliation Act, 1996 (the Act), which is based on the UNCITRAL Model Law, has brought drastic…
Article 17 of the UNCITRAL Model
Risha Sharma, Research Associate The UNCITRAL is a core legal body of the United Nations system in the field of international trade law. It is a legal body with universal…
A Portrait of Conciliation as Method of ADR: An Analytical Perspective
Pankaj Sevta, Research Associate Art. 1(3) of the UNCITRAL Model Law on International Commercial Conciliation 2002 defines Conciliation to mean “a process, whether referred to by the expression conciliation, mediation…
Enforcement of Foreign Arbitration Awards in India, Malaysia and Indonesia
Risha Sharma, Research Associate What is arbitration? Black’s Law Dictionary defines arbitration as ‘a method of dispute resolution involving one or more neutral third parties, who are agreed to by…
Arbitration Agreements and Third Party Non-Signatory
Vedang Mishra, Research Associate Normally, arbitration takes place between the persons who have, from the outset, been parties to both the arbitration agreement as well as the substantive contract underlining…
An Insight on Role of Expert as Third Party in Functioning of Arbitral Tribunal
Pankaj Sevta, Research Associate It is pertinent to note that the Arbitration and Conciliation Act 1996 grants the power to an arbitral tribunal, failing agreement by the parties to the…
UNICTRAL Model Law Amendment 2006: An overview
Author: Pankaj Sevta, Research Associate In recent times, the issue of grant of interim relief by arbitral tribunals has become center stage. The 1985 Model Law by UNICTRAL contemplated grant…
Third Parties in International Commercial Arbitration
Author: Risha Sharma, Research Associate I fervently trust that before long the principle of arbitration may win such confidence as to justify its extension to a wider field of international…
Enforceability of Foreign Arbitral Award in Indian Regime
An Analytical Approach towards the Scheme Author: Pankaj Sevta, Research Associate A foreign award can be enforced in India under the multilateral international conventions to which India is a party,…