Arbitration Law

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

The Arbitration and Conciliation Act, 1996, governs various aspects of arbitration proceedings in India. Section 38, titled “Miscellaneous,” provides supplementary and supporting provisions that enhance the effectiveness of arbitration and ensure the smooth conduct of proceedings.  Although often overlooked, Section 38 encapsulates crucial elements that fill potential gaps in the arbitration process, strengthening the Act’s

Section 37 of the Arbitration and Conciliation Act, 1996, governs the appeals process regarding orders made by an arbitral tribunal or a court during arbitration proceedings. It outlines specific orders that can be appealed in court, helping parties safeguard their rights during arbitration. This provision ensures that critical decisions made during the arbitration process are

Section 36 of the Arbitration and Conciliation Act, 1996, deals with the enforcement of domestic arbitral awards in India. This section provides a crucial mechanism for the implementation of arbitral awards, ensuring that they are treated with the same weight as court judgments once they have become final. By enabling enforcement through the judicial system,

Section 35 of the Arbitration and Conciliation Act, 1996 deals with the finality of arbitral awards, providing that an arbitral award is binding and final once rendered. This section is central to the concept of arbitration as an alternative dispute resolution (ADR) mechanism, emphasizing the need for finality and certainty in the resolution of disputes.

Section 34 of the Arbitration and Conciliation Act, 1996 provides the legal framework for challenging an arbitral award in India. This section offers a recourse for parties dissatisfied with an arbitral award, allowing them to seek judicial intervention before a court of law. It is a critical provision in the arbitration process as it strikes

Section 33 of the Arbitration and Conciliation Act, 1996 provides a framework for addressing the possibility of errors, ambiguities, or incomplete awards by the arbitral tribunal. This section ensures that the arbitral award is accurate and complete, promoting fairness and transparency in the arbitration process. It allows parties to request the correction, interpretation, or the

Section 32 of the Arbitration and Conciliation Act, 1996 plays a pivotal role in determining the circumstances under which arbitration proceedings can be terminated. This section outlines the various scenarios where the arbitral tribunal may conclude the proceedings, either due to the parties’ actions or because the dispute has been resolved. By establishing clear parameters