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  • Articles Tagged with "Arbitration"

    Substantive Objections On Validity Or Existence Of Arbitration Agreement Can Be Adjudicated By Tribunal U/S 16 Of Act: Bombay HC

    livelaw.in • Law • India

    The Bombay High Court ruled that the arbitral tribunal, not the court, should adjudicate substantive objections to the validity of an arbitration agreement under Section 16 of the Arbitration Act.

    Draft Arbitration And Conciliation Amendment Bill 2024, ADR, Appellate Arbitral Tribunals, American Arbitration Association, European Court of Arbitration, emergency arbitration, Ministry of Finance, Kochhar & Co

    livelaw.in • Law • India

    India's Draft Arbitration and Conciliation (Amendment) Bill, 2024, aims to modernize arbitration practices but faces criticism over its potential impact on foreign investment and its unclear provisions on interim relief and time limits.

    Delhi High Court Verdict In Airports Authority Of India Case Is A Renewed Call To Uphold The Spirit Of The Arbitration Act

    livelaw.in • Law • India

    The Delhi High Court's recent upholding of an arbitral award in the Airports Authority of India case reinforces the importance of minimal judicial intervention in arbitration, promoting confidence in India's arbitration process.

    Arbitral Tribunal Can Proceed Against Party Though They Weren't Served With S.21 Notice Or Made Party In S.11 Application : Supreme Court

    livelaw.in • Law • India

    The Supreme Court of India ruled that not being served a Section 21 notice or included in a Section 11 application doesn't prevent someone from being added to arbitration proceedings if they are party to the arbitration agreement.

    Forum Shopping Is Abuse Of Legal Process And Cannot Be Condoned: Delhi High Court

    livelaw.in • Law • India

    The Delhi High Court dismissed a petition due to forum shopping, emphasizing that the dispute should be handled by the appropriate court in Tamil Nadu where the cause of action originated.

    Supreme Court Flags Long Submissions In S.34/37 Arbitration Act Proceedings, Says Timelimit Needs To Be Imposed

    livelaw.in • Law • India

    The Supreme Court of India criticized excessively long submissions in arbitration proceedings under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, advocating for time limits to improve efficiency.

    MICI revela hoja de ruta para el proyecto minero tras suspensión de arbitrajes por parte de First Quantum | La Prensa Panamá

    prensa.com • Politics • Panama

    Following the suspension of arbitrations by First Quantum Minerals, the Panamanian government prepares to conduct an audit of the Cobre Panamá mining project.

    Denver judge orders buyer of South Broadway pot shop to pay $2.2M

    denverpost.com • Business • Colorado

    A Denver judge ruled that the buyer of a South Broadway dispensary must pay the seller $2.2 million, rejecting the buyer's claims of fraud.

    Can Appellate Courts Modify Arbitral Awards Under S.34/37 Arbitration Act? Supreme Court Constitution Bench Reserves Judgement

    livelaw.in • Law • India

    The Supreme Court of India reserved its judgment on whether appellate courts can modify arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.

    When Can Court Remand Arbitral Award To Tribunal Under S.34/37 Arbitration Act ? Supreme Court Explains

    livelaw.in • Law • India

    The Supreme Court of India clarified the limited circumstances under which courts can remand arbitral awards back to tribunals under sections 34 and 37 of the Arbitration and Conciliation Act, 1996, emphasizing a cautious approach and proportionality.

    Empresa coreana suspende arbitraje contra Panamá por cierre de la mina | La Prensa Panamá

    prensa.com • Mining • Panama

    South Korean state-owned Komir has suspended international arbitration against Panama over the closure of the Cobre Panama mine, following a similar move by First Quantum Minerals.

    Franco-Nevada dispuesta a pausar arbitraje contra Panamá; coreanos suspenden demanda por $2 mil millones | La Prensa Panamá

    prensa.com • Business • Panama

    Franco-Nevada is willing to pause arbitration against Panama for a potential settlement regarding the closure of the copper mine, while another company, KOMIR, has filed a $2 billion lawsuit.

    The Evolving Landscape Of Construction Arbitration In India- Key Judicial Pronouncements - Arbitration & Dispute Resolution - India

    mondaq.com • Law • India

    This article analyzes key judicial pronouncements shaping the landscape of construction arbitration in India, highlighting recent cases impacting arbitrator appointments and the grounds for setting aside arbitration awards.

    Position of the ‘Shashoua Principle’ in the Indian Jurisprudence – RMLNLU Arbitration Law Blog

    rmlnluseal.home.blog • Law • India

    This article analyzes the Shashoua principle, a legal concept concerning the determination of the seat of arbitration, and its application within Indian jurisprudence, highlighting the ongoing debate and inconsistencies in its judicial interpretation.

    Intent Of S.11(6) Of Arbitration Act Is Not To Confer Jurisdiction On Courts Incompetent To Entertain Such Applications: Delhi High Court

    livelaw.in • Law • India

    The Delhi High Court ruled that Section 11(6) of the Arbitration and Conciliation Act, 1996, cannot grant jurisdiction to courts lacking the authority to hear such applications.

    Consumer Can Approach Consumer Forum Even If Agreement Provides For Arbitration : Supreme Court

    livelaw.in • Law • India

    The Supreme Court of India ruled that consumers retain the right to approach consumer forums despite arbitration clauses in agreements, emphasizing consumer choice.

    Arbitration Clause Prevails Over Exclusive Jurisdiction Clause, Court At Designated Seat Retains Jurisdiction: Delhi High Court

    livelaw.in • Law • India

    The Delhi High Court ruled that an arbitration clause specifying a seat of arbitration prevails over an exclusive jurisdiction clause if the latter is expressly made subject to the former.

    Arbitration Clause In The Original Agreement Would Not Survive When The Agreement Is Superseded By A Settlement Agreement Without An Arbitration Clause: Delhi High Court

    livelaw.in • Law • India

    The Delhi High Court ruled that an arbitration clause in an original agreement becomes void if a subsequent settlement agreement, lacking such a clause, supersedes the original contract.

    Franco-Nevada suspende arbitraje internacional tras cierre de mina de First Quantum | La Prensa Panamá

    prensa.com • Politics • Panama

    Franco-Nevada has suspended international arbitration against Panama regarding the closure of First Quantum's mine, clearing the way for potential future talks.

    Stamp Duty On Arbitral Award To Be Paid As Per The Rate Applicable When The Award Was Signed : Karnataka High Court

    livelaw.in • Law • India

    The Karnataka High Court ruled that stamp duty on an arbitral award is determined by the rate applicable when the award was signed, not when the execution petition was filed.

    SMAS Auto-Leasing Entitled To Protection & Preservation Of EVs Leased To 'Blu Smart', 'Gensol' Pending Arbitration: Delhi High Court

    livelaw.in • Law • India

    The Delhi High Court granted interim relief to SMAS Auto Leasing, protecting its electric vehicles leased to Gensol and Blu-Smart pending arbitration due to lease payment defaults and concerns about asset dissipation.

    Disputes Arising Out Of 'Work Contract' With MP Govt Instrumentality Shall Be Referred To MP Arbitration Tribunal : Supreme Court

    livelaw.in • Legal • India

    The Supreme Court of India upheld the exclusive jurisdiction of the Madhya Pradesh Arbitration Tribunal to settle disputes arising from work contracts with state instrumentalities, overriding private arbitration agreements.

    Trois ans après l’achat d’une banque russe, une sentence arbitrale menace l’empire Chatila - Heidi.news

    heidi.news • Business • Switzerland

    Abdallah Chatila's 2022 acquisition of a Russian bank's Swiss subsidiary has resulted in a 70 million dollar arbitration ruling against his company, m3.