Arbitration

In the realm of commercial arbitration in India, the precision and comprehensiveness of the arbitration agreement are pivotal in ensuring a smooth and effective dispute resolution process. Here are the top mistakes to avoid when drafting and finalizing these agreements: Ambiguous Arbitration Clauses: Vague language in arbitration clauses can lead to disputes over the interpretation […]

In India, presently, there is more than one way of resolving a dispute such as Litigation, Arbitration, Mediation or Conciliation. Lately, Arbitration is one of the trending modes of alternative dispute resolution being an expeditious and inexpensive process. It is also one of the oldest modes of Dispute Resolution and has been favoured as an […]

Under Part I of the Arbitration and Conciliation Act, 1996, Section 31 sets out the rules for how arbitral awards should be presented. An Award should be written and signed by the arbitrators who made the decision. If there are several arbitrators, the award is valid if majority of the arbitrators affix their signatures on […]

Arbitration has undergone a significant evolution, emerging as a preeminent mechanism for dispute resolution and despite its ascendancy, persistent challenges have impeded its growth. Notably, a substantial obstacle has revolved around the enforceability of arbitration agreements that are either improperly stamped or entirely unstamped. In a recent landmark judgement, a 7-Judge Constitution Bench of the […]

The five-judge constitution bench of the Supreme court had recently held in N.N Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd. that the unstamped or insufficiently stamped arbitration agreements are not enforceable in arbitration proceedings and cannot be acted upon until the stamp duty is duly paid. In this blog, we will be discussing the ruling […]

In a recent ruling in the case of N.N. Global Mercantile Private Limited vs. Indo Unique Flame Limited and Others [1], a constitution bench of the Supreme Court of India decided by a majority of 3:2 that an unstamped instrument containing an arbitration clause cannot be considered a legally enforceable contract under Section 2(h) of […]

Concurrent delay can be defined as the occurrence of two or more critical events of delay, occurring concurrently and in parallel during the lifecycle of a project, one of which is attributable to the employer and the other to the contractor. Thus, even if one delaying event is absent, the other would still delay the […]

The purpose of including an “exclusive jurisdiction” clause in a commercial agreement is to give the parties to the agreement the convenience to choose a place to settle the disputes arising out of such commercial agreement, instead of the place where the cause of action arises in whole or in part. The exclusive jurisdiction clause […]