Articles

In arbitration law, one of the key provisions that ensures the seamless transition of disputes from the court system to the arbitration forum is Section 45 of the Arbitration and Conciliation Act, 1996. This section grants judicial authorities the power to refer parties to arbitration when an agreement to arbitrate exists between them. Section 45 […]

Arbitration, a method of dispute resolution, is often used in international contracts due to its flexibility, neutrality, and efficiency compared to traditional litigation. In the context of India, the Arbitration and Conciliation Act, 1996 governs domestic and international arbitration.  Section 44 of the Act plays a crucial role in defining what constitutes a foreign award

India’s journey toward becoming a global hub for arbitration has gained significant momentum with the introduction of the Arbitration and Conciliation (Amendment) Act, 2019. Among the critical changes brought about by the Amendment is the establishment of the Arbitration Council of India (ACI), a body designed to improve the quality and efficiency of arbitration in

The Arbitration and Conciliation Act, 1996 is the backbone of arbitration in India, providing a legal framework to ensure efficient, impartial, and effective resolution of disputes. One of the key provisions in this context is Section 43, which deals with limitations. This section specifies the time limits within which various applications related to arbitration must

In the realm of arbitration, ensuring impartiality and protecting arbitrators from undue pressure is crucial for a fair and unbiased resolution of disputes. Section 42B of the Arbitration and Conciliation Act, 1996, specifically addresses the immunity of arbitrators, protecting them from legal liability for acts performed in the course of their duties. This immunity aims

Arbitration, known for being an alternative dispute resolution (ADR) mechanism, has long been a preferred choice for businesses and individuals seeking to resolve conflicts without resorting to the public courtroom. One of the significant advantages of arbitration is its confidentiality.  In this context, Section 42A of the Arbitration and Conciliation Act, 1996, plays a pivotal

Arbitration is often the go-to alternative for resolving disputes outside the traditional courtroom. As businesses and individuals continue to engage in cross-border transactions, the need for a swift, efficient, and impartial dispute resolution mechanism has become more pressing. That’s where arbitration steps in, offering a structured yet flexible approach to resolving conflicts.  However, like any

When businesses or individuals find themselves in the tricky waters of insolvency, the repercussions extend far beyond the balance sheet. Insolvency doesn’t just mean financial struggle—it also impacts ongoing contracts, agreements, and disputes, including those governed by the Arbitration and Conciliation Act, 1996. And one of the most important provisions that come into play in

The Arbitration and Conciliation Act, 1996, has been instrumental in shaping arbitration jurisprudence in India. Section 40 of the Act addresses a significant procedural and substantive issue—the impact of the death of a party on the arbitration agreement. This section ensures that an arbitration agreement remains enforceable despite the demise of one of the parties

Section 39 of the Arbitration and Conciliation Act, 1996, is a critical provision that empowers arbitral tribunals to secure their right to unpaid costs and ensures financial accountability during arbitration proceedings. It establishes a lien on the arbitral award and prescribes rules regarding deposits for costs, balancing the interests of the tribunal and the parties