Blog

Introduction This case arises out of dispute between ‘Jagjeet Singh Lyllpuri’ and ‘Unitop Apartments and Builders limited’[1]. Following a dispute, the respondent invoked the arbitration and a retired Judge of the Supreme Court was appointed as the sole arbitrator. Award was passed in the favor of appellants. Aggrieved by the award the respondent filed a petition under section 34 of the Arbitration and Conciliation Act, 1996, in the Court of Additional District Judge, Ludhiana. The
Article
Introduction: The present case[1]revolves around sections 11 and 15(2) of the Arbitration and Conciliation Act, 1996 (“Act”) where an arbitrator appointed by the Court had withdrawn from his mandate and a substitute Arbitrator was to be appointed. Section 15(2) of the Act specifies that in case the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced. Facts of
Article
Introduction: Usually, the parties choose arbitration as the dispute resolution mechanism to resolve all disputes arising from or related to a contract. In such circumstances, the arbitrator has full discretion on all questions raised by the parties. However, in certain contracts, the parties choose to exclude certain matters from being adjudicated in arbitration. In such a situation, court might set aside the part or even the whole award, if it is challenged. Sometimes parties to
Article
‘Justice cannot be for one side alone, but must be for both’ as rightly quoted by the famous First Lady Eleanor Roosevelt, still holds sanctity and validity in the current realm of arbitration as means of resolving disputes. ‘Fairness ‘and ‘Unbiased Approach’ are vital tenets that need to be traced in an ‘Arbitrator’. They are quintessential for an efficient and fair ‘arbitral proceedings’ to be carried out, ultimately culminating in an effective ‘arbitral award’, leaving
Article
Introduction Emergency arbitration is a feature of the rules of all leading domestic and international arbitration institutions, both across Asia and elsewhere. Concept of emergency arbitration is considerably new and is likely to remain a permanent part of the international arbitration landscape. Prior to the modern day emergency arbitration provisions, precursor emergency arbitration rules existed, such as the International Chamber of Commerce (‘ICC’, for short) Pre-Arbitral Referee procedure[1], as well as optional emergency arbitrator provisions in the rules of the American Arbitration Association.
Article