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Ms. Khushboo Garg (University Institute of Laws, Regional Centre, Ludhiana) Arbitration is a dispute redressal mechanism for resolving disputes that arises between two private parties. The matter is referred to arbitration when it is according to the agreement between the said parties. In arbitration, an undisputed third party is appointed/ selected to judge the dispute. Generally, the disputes related to the ‘rights in personam‘ are adjudicated via arbitration. However, there can be instances where the
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SSANGYONG ENGINEERING & CONSTRUCTION CO. LTD. VS NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI) Ms. Khushboo Garg (University Institute of Laws, Regional Centre, Ludhiana) CITATION: Civil Appeal No. 4779 of 2019, decided on May 8, 2019 BENCH (DB): Rohinton Fali Nariman and Vineet Saran CASE DESCRIPTION: The Honorable Supreme Court upheld that the appeal must be allowed to restore the minority decisions vide Article 142 of the Constitution of India, 1950 and suggested bringing suitable amendments
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There persists an uncertainty about whether pre-arbitral steps/procedures are mandatory conditions to be complied with and followed prior to invocation of arbitration or are they to be construed in a directory manner. The Courts in India have delivered several conflicting and varying judgements over the years, adding to this uncertainty. The recognition of the enforceability of pre-arbitral procedures in India dates back to the year 1999 where the Kerala High Court, in Nirman Sindia vs.
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Foreign investment forms an intrinsic part of the global economy. Several disputes arise in the course of foreign investment involving violation of legal rights of the investors. To adjudicate those disputes, states have resorted to Investor- state dispute settlement mechanisms in Bilateral Investment Treaties (BITs) and Free- Trade Agreements (FTAs) that safeguards the sovereignty and upholds the supremacy of the State. Considered as an assurance of investor protection, it builds up credence in the mind
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INTRODUCTION An Anti-Arbitration Injunction (AAI) is an injunction granted by courts to restrain parties or an arbitral tribunal from either commencing or continuing with the arbitration proceedings. An anti-arbitration injunction can be sought at three stages i.e., before the commencement of arbitration, during the arbitration hearing, or after the hearing but before the rendering of the final award. The grant of an anti-arbitration injunction can be seen to be contrary to the cardinal principle of
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