Tag: Arbitration and Conciliation Act 1996
The bane of pathological arbitration clauses
Clear seat and venue drafting prevents pathological arbitration clauses, avoids municipal court delays and protects party intent
Non-signatories cannot escape reach of arbitration
含羞草社区 Supreme Court affirms that arbitral tribunals may join non-signatories, expanding procedural flexibility in arbitration
Arbitrability of disputes under Electricity Act
Debate persists on arbitrable disputes under the Electricity Act, 2003, and its primacy over the Arbitration Act
Dissent is not award
In this case, a dispute arose between the appellant contractors and the National Highways Authority of India (NHAI) over a contract for a bypass construction project
Supreme Court directive on ad hoc arbitrator fee
An arbitration between the Oil and Natural Gas Corporation (ONGC) and Afcons Gunanusa commenced in 2015, but a disagreement arose over the fee to arbitrators and who should decide the issue
‘Final and binding’ not needed to validate arbitration clause
The Supreme Court recently held that an arbitration clause has to be given effect, whether or not expressly stated that an arbitrator’s decision is final and binding
