Can I appoint an arbitrator from India in international commercial arbitration under the Singapore international arbitration centre?Read More

Posted on 14 Mar 2020 | No Answers Yet

Team Legistify | Legistify

Team Legistify
Answered on 09 Nov 2019

if you have a genuine ground, you can file a set-aside application, if the court accepts the same you will again become an active party in the case or else you will remain absent from the court.Read More

Posted on 07 Nov 2019 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 30 Sep 2019

You can file an application to the arbitration and if both the parties do not have any objection, then you can become an intervenor.Read More

Posted on 06 Sep 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 12 Sep 2019

Arbitration is an alternative dispute resolution mechanism provided by the Exchange for resolving disputes between the trading members and between trading members & constituents (i.e. clients of trading members), in respect of trades done on the Exchange. This process of resolving a dispute is comparatively faster than other means of redressal. The facility of arbitration on the Exchange can be availed by: Investors who have dealt on the Exchange through its trading members and who possess a valid contract note issued by the trading member of the Exchange. Investors who have dealt on the Exchange through registered sub-brokers of the trading members of NSE and who possess valid sale/purchase note issued by the registered sub-broker. Trading members who have a claim, dispute or difference with another trading member or a constituent. Consult an Arbitration lawyer in India to know if your case falls in these situations.Read More

Posted on 01 Sep 2019 | 1 Answer

Aditya Dua | Legistify

Aditya Dua
Answered on 23 Aug 2019

An application to challenge an arbitration award must be filed in a court within three months of receipt of the award. In certain circumstances, the court may consider an application for setting aside within a further period of 30 days if it is satisfied that there was sufficient cause for such delay. If the court rejects the application for the challenge, the award is enforceable as a decree of the court. The unsuccessful party has only one right to appeal an order setting aside or refusing to set aside an award and no second appeal can be made against an appellate order. You can challenge an arbitral award with the help of an arbitration lawyer in India. However, there is a constitutional right to file an appeal before the Supreme Court of India (a ‘special leave petition’). The Supreme Court will exercise its discretion sparingly and consider such an appeal only if there is a gross error of law or an important issue of law is involved. The parties cannot enter into an agreement to waive their right to challenge an arbitral award.Read More

Posted on 20 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Risk of court intervention Usually, judicial intervention in arbitration is limited to the purposes mentioned in the Arbitration Act. There have been cases where the courts have directed the parties to approach an already subsisting arbitral tribunal for interim measures. Similarly, there have been some cases in which the courts interfered when issues of impartiality or independence of the arbitrators arose. However, since then the law has been clarified. Delaying proceedings As the courts only intervene in very limited cases, there is very little that a party can do to delay an arbitral proceeding. Read More

Posted on 09 Mar 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Parties can approach the court under section 9 of the Arbitration Act for interim measures, before or during arbitral proceeding or any time after the making of the arbitral award but before it is enforced. In addition, under section 11 of the Act, parties may approach the court for the appointment of arbitrator(s) where the parties failed to appoint an arbitrator under the arbitration agreement/clause. Either the arbitral tribunal, or a party with the approval of the arbitral tribunal, can apply to the court for assistance in taking evidence with respect to compelling witness, under section 27. The principal civil court of original jurisdiction in a district, which includes the High Court in exercise of its ordinary civil jurisdiction, is the court with jurisdiction over arbitration-related applications. However, in international arbitrations this would be the High Court. Read More

Posted on 09 Mar 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

There is no express or implied obligation to treat an arbitration agreement, any proceedings arising from it or the award as confidential, under the Arbitration Act. The parties may agree to confidentiality. Read More

Posted on 09 Mar 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

The arbitral tribunal can compel a party to disclose documents and, if the party fails to disclose the documents, an adverse inference may be drawn by the tribunal. In addition, the Arbitration Act empowers the arbitral tribunal to compel a non-party to give testimony or produce evidence for the arbitration, either itself or with the assistance of the court. Read More

Posted on 09 Mar 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Applicable procedural rules Parties can agree in the arbitration agreement/clause as to the procedural rules applicable to the arbitral proceedings. Arbitrators must follow the procedural rules as stated in the arbitration agreement/clause. The arbitration agreement/clause may mention that the arbitration would be governed by either the rules of a particular institution, such as the ICC, LCIA, SIAC or the UNCITRAL Model Law or the Arbitration Act itself. The Arbitration Act also empowers the arbitral tribunal to make procedural rules to govern the arbitration.   Default rules While some provisions of the Arbitration Act cannot be derogated from, there are no default rules regulating procedure. Read More

Posted on 09 Mar 2017 | 1 Answer