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Introduction: The speed with which India is developing, there are a lot of construction contracts being awarded and executed between the parties. There generally exists an arbitration clause when an agreement is executed between the parties to the contract, for resolution of disputes between the contracting parties.   In the event of disagreement between the parties on the appointment of the arbitrator, or, when nominee-arbitrators fail to appoint the presiding arbitrator, or, when one of
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The legal quandary between the ‘seat of arbitration’ and ‘venue of arbitration’ vis-a-vis territorial jurisdiction of a ‘Principal Civil Court’ to entertain a petition challenging an award under Section 34[i] has been succinctly elucidated in the recent judgement delivered by the Hon’ble Punjab and Haryana High Court in the case of Adie Browson Breweries Pvt. Ltd. Vs KLA Constructions Technologies Private Limited[ii], whereby, the Hon’ble High Court has rightly inferred that ‘Venue of Arbitration’ does not imply
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  INTRODUCTION Last month, on December 10th 2019, a three judge bench of the Hon’ble Supreme Court comprising of Justice R. F. Nariman, Justice Aniruddha Bose and Justice V. Ramasubranium passed a significant judgement in the case of BGS SGS SOMA JV v. NHPC Ltd.[1] establishing interpretation on certain crucial aspects of the arbitral agreement with respect to whether a venue agreed upon for arbitral proceedings would constitute as the seat of arbitration in absence
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ARBITRATION v. LITIGATION
India is one of the fastest-growing economies in the world and it is more than often true that in places where there is a high rate of economic growth, there is also an increase in income, and increased purchasing power, thereby leading to the growth of effective demand and supply, ultimately resulting into the improvement in standard of living, life expectancy, quality of human life and others. The opening up of Indian markets to foreign
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A summary procedure. In a recent judgment, the Supreme Court has held that the proceeding under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘Act’) are summary proceedings and the parties can only exceptionally be allowed to adduce additional evidence to prove their grounds of challenge. Facts of the case:  The appellant, a financial institution, advanced a loan of Rs. 50,00,000/- to respondent no.1 and respondent nos. 2, 4 and
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