tag:blogger.com,1999:blog-8429122404476438989.comments2024-03-05T01:13:08.033+05:30Lex Arbitri - the Indian Arbitration BlogDeepak Rajuhttp://www.blogger.com/profile/10227775347125508118noreply@blogger.comBlogger132125tag:blogger.com,1999:blog-8429122404476438989.post-4341691636827040122013-05-31T11:52:37.749+05:302013-05-31T11:52:37.749+05:30Sahara has rightfully withdrawn their team from th...Sahara has rightfully withdrawn their team from the IPL, brainchild of the BCCI that has given a new definition to the word “Controversy". Sahara was previously also peeved by BCCI's failure to initiate arbitration proceedings to lower their franchise fee despite several reminders.Anonymoushttps://www.blogger.com/profile/03159969899064368887noreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-83275406944525641662013-05-27T11:43:10.266+05:302013-05-27T11:43:10.266+05:30http://timesofindia.indiatimes.com/city/mumbai/Sup...http://timesofindia.indiatimes.com/city/mumbai/Supreme-Court-order-boosts-confidence-on-arbitration/articleshow/20285257.cms Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-84108097672648542182013-05-24T19:21:48.684+05:302013-05-24T19:21:48.684+05:30Dear Dozoc, have u read the Sept.6 2012 decision o...Dear Dozoc, have u read the Sept.6 2012 decision of the court??Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-77312265564987438042013-02-19T16:38:18.657+05:302013-02-19T16:38:18.657+05:30This is so cool. I am such a huge fan of their wor...This is so cool. I am such a huge fan of their work. I really am impressed with how much you have worked to make this website so enjoyable. <a href="http://research4u.co.in/" rel="nofollow">bombay stock exchange</a>bombay stock exchangehttp://research4u.co.in/noreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-32149066791358634472012-12-20T12:33:14.272+05:302012-12-20T12:33:14.272+05:30nice post
thanks for sharingnice post<br />thanks for sharingABTChttp://www.parksonsgames.com/abtradingcards/noreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-40457632545080963652012-11-28T11:20:09.027+05:302012-11-28T11:20:09.027+05:30Thanks for uploading the petition. As can be infer...Thanks for uploading the petition. As can be inferred from a perusal of the petition, the drafting of the Act seems to be done in secrecy sans any consultation or discussions with experts in law. Badrinath Srinivasanhttps://www.blogger.com/profile/11123853000962107353noreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-73869941416595322322012-10-11T18:30:52.266+05:302012-10-11T18:30:52.266+05:30Hi,
Can a MoU between two parties which is not le...Hi,<br /><br />Can a MoU between two parties which is not legally registered in India or any where for that matter be considered as a legally binding document? May it be used for arbitration purpose? Anonymoushttps://www.blogger.com/profile/05566309703331136843noreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-23184341538965749652012-09-21T10:55:47.629+05:302012-09-21T10:55:47.629+05:30Great post with useful info.
Thanks for sharing.Great post with useful info.<br />Thanks for sharing.ebook library Chennaihttp://www.readersclub.co.innoreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-90765141168812150652012-09-11T00:04:01.819+05:302012-09-11T00:04:01.819+05:30Actually once the chief justice has decided a peti...Actually once the chief justice has decided a petition under section 11, the power under Section 16 is no longer available with the arbitrator - Patel EngineeringAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-15165588276383720672012-09-09T01:02:42.592+05:302012-09-09T01:02:42.592+05:30Sixth September should rather be - "Indian - ...Sixth September should rather be - "Indian - International Arbitration Day!"Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-69103986946062154812012-07-12T22:05:21.194+05:302012-07-12T22:05:21.194+05:30Transparency is a key element of any international...Transparency is a key element of any international legal or non-legal system which determines its legitimacy in the international order. It is also an important democratic norm which shapes the transparency of any legal or non-legal system. At a time when the WTO still faces various criticisms which attack its legitimacy as an apolitical organization, the WTO's transparency practices in the WTO DSS are worth mentioning. Truly, the WTO DSS's legitimacy receives a boost when it is determined to be so open. <br /><br />This brings me to transparency practices in international arbitration. Investment arbitration fora such as the ICSID have clearly evolved and become more transparent than earlier (given the open hearings, the admission of amicus briefs, inter-alia), thus contributing to its legitimacy. However, the issue of public participation in international commercial arbitration involving states where public policy is under scrutiny needs to be highlighted. Investment arbitration is clearly more transparent than it ever was, but more needs to be done, especially in other aspects such as mutual settlement of disputes (where the WTO is more transparent).Jayant Raghu Ramhttps://www.blogger.com/profile/10203155769500762509noreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-19074204238135299082012-07-11T07:37:42.440+05:302012-07-11T07:37:42.440+05:30Sir,
Arbitration is such a vast subjec...Sir,<br /> <br /> Arbitration is such a vast subject that any lawyer does not chose to go in for this typical subject. but only a few and rare initiators have come up in this field which is highly appreciable and remarkable. <br /><br /> We shall do our best in maintaining this tempo. Regardssame as abovehttps://www.blogger.com/profile/03566459518794490858noreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-46112878023005349482012-06-22T16:45:00.617+05:302012-06-22T16:45:00.617+05:30Puneeth,
You are somewhat correct in noting the d...Puneeth,<br /><br />You are somewhat correct in noting the difficulty in establishing the expropriatory nature of taxation measures under international investment law. However, as states seek to find new and more innovative ways to expropriate, there is a realization that taxation measures can, in fact, be expropriatory. What is the threshold here is another matter, however, it cannot be said that since taxation is a facet of fiscal sovereignty of the host state, it cannot amount to expropriation under any circumstance. <br /><br />I am slightly more sympathetic to Vodafone's argument on FET. Specifically, Vodafone claims denial of justice in the present case. Here, it may be possible to characterize the retrospective amendment by the Indian parliament as a "targeted legislation" aimed at undoing the Supreme Court's judgment. The logic is summarized by Paulsson in his Hersch Lauterpact Memorial Lecture on DoJ: "a more straightforward analysis may lead to the conclusion that the legislature itself has interfered in the judicial process to such an extent as to create a denial of justice." Consider, for example, Stran Greek Refineries and Stratis Andreadis v. Greece (ECHR -- cited by Paulsson, as well) which involved the legislative annulment of an arbitral award. The European Court of Human Rights in that case held that Greece "infringed the applicants’ rights under Article 6 para. 1 (art.6-1) by intervening in a manner which was decisive to ensure that the – imminent – outcome of proceedings in which it was a party was favourable to it" (para. 50).<br /><br />ShashankShashankhttps://www.blogger.com/profile/10144637504975169794noreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-17137225970380765432012-06-01T17:22:03.460+05:302012-06-01T17:22:03.460+05:30My question is different . It is that in an arbitr...My question is different . It is that in an arbitral award, maintenance charges (of a property)have been awarded to the claimant(DH)against the respondant(JD). The JD had already sold the property to a third party who is now in possession. Can the third party challange the award under section 34 or or any other remedy to the third party? please guide.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-35345021259745201242012-03-28T09:18:13.408+05:302012-03-28T09:18:13.408+05:30Thanks for your post and updates.Thanks for your post and updates.arbitration singaporehttp://www.jootoon.com/noreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-78024049595929569632012-03-28T09:08:09.747+05:302012-03-28T09:08:09.747+05:30Thank you for your update on this.Thank you for your update on this.arbitration singaporehttp://www.jootoon.com/noreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-52393323769079503882012-03-27T11:38:37.230+05:302012-03-27T11:38:37.230+05:30Guys, I guess this case has been referred by Supre...Guys, I guess this case has been referred by Supreme court to the lower court to check whther there are any valid reasons to set this aside vide OP 390/2008 to the Chief Judge City Civil Court Hyderabad. As per online Case status information the lowercourt has already pronounced the judgement and disposed off the case. I am not sure as to what is the judgement. Can any of you let me know?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-80520604540610904162012-03-19T10:50:03.464+05:302012-03-19T10:50:03.464+05:30Hi Guys,
The next level judgements have come in. L...Hi Guys,<br />The next level judgements have come in. Looks the arbitration award has been set aside....Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-71746587700782814412012-02-29T11:39:45.864+05:302012-02-29T11:39:45.864+05:30Hi. I am kapil from GLC, Mumbai. I read your blog ...Hi. I am kapil from GLC, Mumbai. I read your blog about Arbitration summer course. Today is the last day. I just want to know that is this course any better? what will be the approx. expenses in rupees? How to get scholarship out of them? plz help me out bhaiya!!! reply asap.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-16643333315913342722012-02-28T02:44:28.160+05:302012-02-28T02:44:28.160+05:30The 1996 Act as it stands today says that Part I s...The 1996 Act as it stands today says that Part I shall apply where the "place of arbitration" is in India (2(2)). Also, the Act does NOT define domestic arbitration, as it currently stands. Domestic arbitration is referred to only in the preamble, whereas in the text, reference is only made to "domestic arbitral awards" as being those rendered under Part I (2(7)). In other words, domestic arbitration awards are those resulting from an arbitration with an Indian seat (reading 2(7) with 2(2)). Now, the Act defines international commercial arbitration, but not domestic arbitration (only a domestic award). Thus, under a strict textualist view of the law as it currently stands, an international commercial arbitration involving two foreign parties having a seat in India would still result in a domestic award (2(7)) and be governed by Part I. <br /><br />I think you lose sight of the fact that a domestic arbitration is not defined in the present Act. Only a domestic award is. Moreover, according to the Act, an international commercial arbitration can lead to a domestic award, if the seat is in India.<br /><br />Am I missing something?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-75694473353260071512012-02-16T03:43:26.690+05:302012-02-16T03:43:26.690+05:30Hi Deepak,
I'd like to comment on the transpa...Hi Deepak,<br /><br />I'd like to comment on the transparency aspect of this particular dispute. I assume the Indian government has kept the matter under wraps owing to confidentiality provisions in rules governing arbitration framed by whichever institute they have chosen. I know for a matter of fact that UNCITRAL rules are quite prohibitive in terms of the parties disclosing even whether they are in a dispute. One instance similar to the present matter that comes to my mind is a case a few years back when the an Indian lawyer in the UK initiated arbitration proceedings against the UK government under the UK-India BIT. The matter was not known until it had come before a UK Court for some legal reason. However, surprisingly, the UK government refused to either confirm or deny the existence of an arbitration dispute, citing confidentiality provisions under the UNCITRAL rules. <br /><br />With regard to the references to the US being a bit open about arbitration proceedings, this would stem from provisions in US law(I cant recall which statute) which mandate arbitration proceedings under FTAs to be open; similar provisions under the 2004 Model BIT of the US and the Canadian FIPA. <br /><br />In the Indian context, I guess there would be no need for any such provisions, since India has decided to stop incorporating dispute resolution clauses in its BITs. In any case, assuming that India did revert to its original position, then I assume (and hope) that India would insist on open hearings at arbitrations, going by the Canadian and US models.Jayant Raghu Ramhttps://www.blogger.com/profile/10203155769500762509noreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-74993830760567827902012-01-14T19:09:07.119+05:302012-01-14T19:09:07.119+05:30One minor clarification - BALCO v. KATSI is to rec...One minor clarification - BALCO v. KATSI is to reconsider whether Part I is applicable to "International Commercial Arbitration" and not to "arbitrations held outside India." <br /><br />The Indian Act does not explicitly (or even for that matter, impliedly) state that arbitrations held outside India are International Commercial Arbitrations.Dozocnoreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-18823906564853853542011-12-31T00:27:24.399+05:302011-12-31T00:27:24.399+05:30Somehow PCA doesn't publish the details of pro...Somehow PCA doesn't publish the details of proceedings. So far, the only available document I had was the interim order. I tried to write up something in this regard - <br />http://horizonspeaks.wordpress.com/2011/12/30/kishanganga-the-new-arbitration-between-india-and-pakistan/Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-6372477718451096452011-12-30T07:30:28.430+05:302011-12-30T07:30:28.430+05:30In a case of Laker Airways Inc v FLS Aerospace Ltd...In a case of Laker Airways Inc v FLS Aerospace Ltd [2000] 1 W.L.R. 113 (QBD (Comm)) similar question arose Whether a party appointing their counsel and their arbitrator from the same barristers' chambers contravenes the requirement of impartiality? <br /><br />The court held :<br /><br />....that a judge/arbitrator would be disqualified if there were an appearance of bias (i.e. a real danger that he was biased). The judge concluded that no such danger existed in the present case. He emphasised the self-employed status of each barrister. In a similar case, the Paris court of appeal reached the same conclusion (Kuwait Foreign Trading Contract and Investment Co. v.Icori Estero SpA, unreported, June 29, 1991), as had a special committee of the LCIA. The judge further concluded that there was no lack of independence (which is a requirement of many institutional rules and national laws but is not a separate requirement under the English Act). Nor was there a risk of confidential information passing across “Chinese walls”.Mananhttps://www.blogger.com/profile/11086917279070437934noreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-10191922750317784522011-12-29T16:02:17.018+05:302011-12-29T16:02:17.018+05:30why 'she' for merits speaker?why 'she' for merits speaker?Anonymousnoreply@blogger.com