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Injunction | Markandalaw in Chandigarh
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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Kompetenz | Markandalaw
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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27571522123_15bff8c3cd_b-1024x675-1 | MARKANDALAW
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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APPEALS IN ARIBITRAL APPOINTMENTS | MARKANDALAW
Section 8, 11 and 37 of the Arbitration and Conciliation Act, 19961(The Act), are provisions relating to ‘reference to arbitration’, ‘appointment of arbitrators’ and the ‘scope of appealable orders’ respectively. The Hon’ble Supreme Court in a recent judgement delivered in the case of Pravin Electricals Pvt. Ltd. v. Galaxy Infra and Engineering Pvt. Ltd.,2 noted that the Parliament may need to have a re-look at Section 11 and Section 37 of the Arbitration and Conciliation
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judicial intervention in Arbitral Awards |MARKANDALAW DELHI
“Expeditious disposal, finality of arbitral awards, limited judicial intervention and limited review of awards can be defined as four pillars on which the edifice of law governing “Alternate Dispute Resolution Mechanism” is built. These four pillars are not exhaustive, but can be described as essential pillars”.1 INTRODUCTION The independence from the sluggish and overburdened judicial system has made arbitration the preferred option for parties to resolve their high-stake and technically unique disputes discreetly, amicably and
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