Alternate Dispute Resolution

Judgements and Statutes:

Bharat Aluminium Co. V. Kaiser Aluminium Technical Services Inc.
Part I of the Arbitration  Act,  1996 would have no application to International Commercial Arbitration held outside India. Therefore, such awards would only  be  subject  to  the jurisdiction of the Indian courts when  the  same  are  sought  to  be enforced in India in accordance with the provisions contained in  Part II of the Arbitration Act,  1996.

A.K. Balaji v. Government of India & others (Madras High Court)
Foreign lawyers cannot be debarred from conduction arbitration proceedings in India relating to International Commercial Arbitration

Hindustan Copper Ltd. v. Monarch Gold Mining Co. Ltd.
Appointment of Arbitrator – The function of the Chief Justice or Designate Judge in consideration of the application under Section 11 is judicial and such application has to be dealt with in its entirety by either Chief Justice himself or the Designate Judge and not by both by making it a two-tier procedure as held in Modi Korea Telecommunications Ltd

Chloro Controls (I) P. Ltd. Vs. Severn TrentWater Purification Inc. & Ors
Even non-signatory parties to some of the agreements can pray and be referred to arbitration provided they satisfy the pre-requisites under Sections 44 and 45 read with Schedule I.

Tehri Hydro Dev. Corpn. Ltd.& Anr. Vs. Jai Prakash Asso. Ltd (Pronounced on 25 September, 2012 ).
Grant of interest pendent lite and post award period.

Powertech World Wide Ltd. v. Delvin International General Trading LLC
The main attribute of an arbitration agreement is consensus ad idem to refer the disputes to arbitration, reduced in writing in the form of an arbitration clause or a separate agreement, whether express or implied whereby parties submit to the decision of the arbitrator.

ARTICLES/LINKS/BLOGS/NEWS

RSS feed from Global Arbitration Review

[cetsEmbedRSS id=’http://feeds.feedburner.com/KluwerArbitrationBlogExcerpt’ itemcount=’3′ itemauthor=’1′ itemdate=’1′ itemcontent=’1′]
Lex Arbitari – The Indian Arbitration Blog

..The court’s intervention would significantly reduce and foreign awards would no longer be at the mercy of Section 34 of Part I which carries enormous power of setting aside an award…

London Court of International Arbitration