Tag Archives: arbitrator

Arbitrator to be replaced as per agreement between parties: SC

Setting aside an arbitral award under Article 142 of the Constitution of India, the Supreme Court of India recently held that the courts cannot replace the arbitrator in deviation of the terms of the agreement between the parties The Court … Continue reading

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Past employee can be appointed as an Arbitrator: SC

The Supreme Court of India reiterated that being a past employee is not a disqualification for becoming an arbitrator provided there are no justifiable doubts as to the person’s independence and impartiality. The Court clarified that the argument that the … Continue reading

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Arbitration seat attracts law applicable to such location: SC

In a case where one of the parties was a foreign national, the Supreme Court of India clarified that choosing of the juridical seat of arbitration attracts the law applicable to such location and it would not be necessary to … Continue reading

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In-house arbitrators ineligible: DHC

In a blow to the practice of appointing continuing or retired officers as arbitrator by various organizations, the Delhi High Court struck down such practice in light of the recent Arbitration and Conciliation (Amendment) Act, 2015. The Court said, “In … Continue reading

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Amendments to the Arbitration and Conciliation Bill, 2015: Govt.

Indian Government gave its approval for amendments to the Arbitration and Conciliation Bill, 2015 taking into consideration the Law Commission’s recommendations, and suggestions received from stake holders. The Government of India has decided to amend the Arbitration and Conciliation Act, … Continue reading

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Indian courts have no jurisdiction if excluded in agreement: SC

The Supreme Court of India recently held that if an arbitration clause excluded the jurisdiction of Indian courts in an arbitration to be held outside India, either in an implied or expressed manner, Indian courts shall  have no jurisdiction. The Court said “But … Continue reading

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Party can’t proceed under Arbitration Act if other has invoked arbitration proceedings under the agreement: SC

A Large Bench of the Supreme Court of India clarified that when one of the parties has invoked the jurisdiction of the International Chamber of Commerce and pursuant thereto an Arbitrator has already been appointed, the other party to the … Continue reading

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