Answer: It has been recently held by Hon’ble Supreme Court that parties to a contract who are Indian nationals or Companies incorporated in India can choose a forum for arbitration outside India. Nothing stands in the way of party autonomy in designating a seat of arbitration outside India even when both parties happen…
Answer: Where in the agreement entered into between both the parties, there is a mechanism to settle the dispute arising between the parties by the arbitration in accordance with the Rules of Arbitration or when the parties have agreed upon the procedure for appointment of arbitrator, ignoring the same, the High Court cannot appoint arbitrator…
Yes, an arbitrator can be appointed by the Chief Executive Officer of Statutory Board even after the expiry of period of 30 days notice to him by the opposite party provided the opposite party has not invoked the jurisdiction of the Hon’ble High Court of the concerned place having jurisdiction over the matter, in the…
Public policy l is one issue which is a threat to the arbitral awards since courts can interfere into any award on the ground of public policy. In India Supreme Court of India has minimised the possibility of such unlimited interference by the courts, by its various judgements. In a recent judgment dated04.09.2014 at three…