...Indian Law—the governing law of the main contract—were to govern the arbitration agreement, since oppression claims are non-arbitrable in India. On this basis, it decided that Singaporean Law—the law of...
Search Results for : India
...that obtaining awards for specific performance against sovereign States is even more challenging. For instance, in the case of Hardy Exploration & Production (India), Inc. v. Government of India, Ministry...
Specific Relief in International Arbitration
...[B.A.;L.L.B(Hons.)] at Symbiosis Law School, Pune, India. Her areas of interest include Arbitration – ADR, International Relations, Comparative Constitutional Law, History, Jurisprudence and Literature. [1] Nirman Sindia v. Indal Electromelts...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...fill the persisting lacunae in the law. II. Confidentiality Concerns in Arbitration Disputes Before Courts A. Statutory Framework Most jurisdictions, including India, have adopted the UNCITRAL Model Law on...
Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...
...of this article to include judicial reviewability of negative jurisdictional findings. For example, in India, section 37 of the Indian Arbitration and Conciliation Act, dealing with ‘Appealable Orders’, includes as...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
Author: Deeksha Malik* Jurisdiction: India International Topics: Agreement to Arbitrate Existence and Validity of Agreement to Arbitrate In 2009, the Supreme Court of India, in the case of MR Engineers...
A Cautious Acceptance of Incorporation of Arbitration Clause by General ...
...fair-minded observer. In India, the [Indian] Arbitration and Conciliation Act, 1996, requires arbitrators to disclose all past or present relationships with interest in any of the parties or subject-matter of...
Subject Bias – The Blurring Lines Between Practitioners and Arbitrators
Authors: Shashwat Bhaskar* and Winy Daigavane** Published: April 2021 Jurisdictions: International United States United Kingdom Switzerland Australia India Jurisdictions: Commercial Disputes Arbitrability Competition and Antitrust Intellectual Property Investment Disputes Banking...
Arbitrability of Insolvency Disputes: Resolving the Conundrum – Vol. 31 ...
...2945803, at *10 (S.D.N.Y. June 30, 2014). [7] Kian Ganz, India Special Report: Hard Court Battle, The Lawyer (June 8, 2009), http://www.thelawyer.com/india-special-report-hard-court-battle/1000999.article (quoting Norton Rose arbitration associate Sherina Petit). [8]...
TagTime with Dr Stephan Wilske – The Phenomenon of the ...
...be a point of English (i.e. not foreign) law (Reliance Industries Ltd v Enron Oil and Gas India; [5] Schwebel v Schwebel).[6] Moreover, to fall within s. 69 an appeal...
TagTime with Matthew Gearing QC – Appeals on Questions of ...
...capacity-building sessions for several Governments including Colombia, Saudi Arabia, Myanmar, India, Philippines among others on public international law and dispute resolution matters. He also serves on the Federal Republic of...
Our Editors
...principle‘s scope of application among countries and international arbitral institutions. However, many countries like India and the United Kingdom have explicit provisions for ensuring confidentiality in Arbitration proceedings. In Indian...