INTRODUCTION With the growing relevance of arbitration in the commercial era, an efficient settlement of disputes through arbitration has become preferable over resolution of disputes by Courts and Tribunals. Attributable to such demand for arbitration, the debate over arbitrability of disputes under Sections 241 and 242 of the Companies Act, 2013 relating to Oppression and...
FACTS The Government of India and the Government of National Capital Territory of Delhi entered into a joint venture, the Delhi Metro Rail Corporation Ltd. (hereafter, the Defendant), wherein they executed a Concession Agreement with Delhi Airport Metro Express Ltd. (hereafter, the Plaintiff). It was proposed that the Airport Metro Express Line (AMEL) Project (hereafter,...
INTRODUCTION Investment Treaty Arbitration (“ITA”) is a method of resolving disputes between Foreign Investor(s), on one hand, and the State, on the other. This is also commonly referred to as an ‘Investor-State Dispute’. The entire concept of ITA is premised upon four factors, which include: a Multilateral/Bilateral Investment Treaty, the National Law of the Host...
INTRODUCTION The primary purpose of Arbitration is to ease out the process of dispute resolution by ensuring party autonomy and providing procedural flexibility. The parties to the dispute not only have the power to refer their dispute to Arbitration but also to decide the process, timeline and other details pertaining to the dispute resolution process....
INTRODUCTION Arbitration is an efficacious Alternative Disputes Resolution (ADR) mechanism adopted by the parties in order to resolve their disputes. Arbitration has two main limbs, first, autonomy of the parties and two, the finality of Award. The Arbitration and Conciliation Act 1996 (hereafter, “Arbitration Act”) was enacted with a view to allow the parties to...
IMPLEADING FOREIGN COMPANY IN AN ARBITRATION PROCEEDING IN THE SUPREME COURT OF INDIA RECKITT BENCKISER (INDIA) PVT LTD v. REYNDERS LABEL PRINTING (INDIA) PVT LTD & ANR 2019 SCC OnLine SC 809 dated: 1.07.2019 FACTS In this case, the Respondents...
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