...under Section 39A must apply the same standard as one summarily dismissing a substantive claim. For jurisdictions like India and Singapore, there is no statutory provision in this context, leaving...
Search Results for : India
Author: Devanshu Sajlan* Jurisdiction: United States United Kingdom India Topics: Arbitration Judicial Review / Severability Modification The Supreme Court of India’s recent judgment in Gayatri Balasamy v. ISG Novasoft Technologies...
Severability and Slippage: Rethinking Judicial Modification in Gayatri Balasamy
...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 ...
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 ...
...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 ...
...January 2008 in the case of Venture Global Engineering v. Satyam Computer Services, the Supreme Court of India held that the Indian courts had jurisdiction to set aside a foreign...
Jurisdiction to Set Aside a Foreign Arbitral Award, in Particular ...
...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 ...
...Lawdragon. His work has been recognized with numerous awards, including the Hind Rattan (Jewel of India award), the Smit-Lowenfeld Prize, the “Champion for Change” Award by ArbitralWomen, Legal Era’s “40...
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...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 ...
...However, states have rarely used interpretative statements in practice. India has attempted to issue interpretative statements with limited success. At the same time, in the context of NAFTA, the parties...