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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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INTRODUCTION The doctrine of Kompetenz-Kompetenz (German for ‘competence-competence’) is a widely accepted feature of modern arbitration law. This doctrine lays down the ability of the arbitral tribunal to decide whether it can hear a case on its own jurisdictionwithout the interference of courts. In other words, this doctrine states that the Arbitral Tribunal has the ‘competence’ to decide its own ‘competence’. The rationale is to ensure the speedy settlement of disputes as the doctrine allows
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Introduction Arbitration is a form of dispute resolution that emerged, inter alia, to provide for a legal mechanism that saves time and resources for the parties. To achieve this, an upcoming concept of Emergency Arbitration(EA)emerged. Emergency Arbitration, as the name suggests, provides emergency relief to those who wish to approach the arbitration institution before the arbitral tribunal is constituted to obtain interim relief. There are two legal principles that form the genesis of Emergency Arbitration.
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