The CNICA Blog, published by the Council for National and International Commercial Arbitration (CNICA), focuses on topics related to arbitration, mediation, and alternative dispute resolution (ADR) mechanisms in India and internationally. It covers legal developments, court rulings, procedural clarifications, and government initiatives impacting arbitration and conciliation practices. The blog discusses the interaction between arbitration and other legal frameworks such as insolvency law, highlights reforms and expert committee recommendations, and addresses gender-specific dispute resolution forums. It also provides insights into the enforcement of arbitral awards and the role of courts in arbitration matters, reflecting CNICA's role as an institutional arbitration and mediation service provider.
Introduction
In the case of M/s. Hyderabad Metropolitan Development Authority v. M/s. Ramky Elsamex Hyderabad Ring Road Limited, the Telangana High Court clarified that an Arbitral Tribunal does not possess the authority to revive terminated arbitration proceedings. The Court emphasized…
Introduction
In a recent decision, the Division Bench of Calcutta High Court clarified the applicability of Section 9 of the Arbitration and Conciliation Act even after the passing of a foreign award.Background of the Case
The dispute before the Court…
Introduction
The Supreme Court of India has recently issued a judgment in the matter of Magic Eye Developers Pvt. Ltd. v. M/s. Green Edge Infrastructure Pvt. Ltd. & Ors., in which it has clarified the duty of the referral court…
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In a recent ruling, the Gujarat High Court has held that once a partnership at will is dissolved, the arbitration clause contained in the partnership deed cannot be invoked to refer the dispute between the partners to arbitration. The decision
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In a recent case, Shriram EPC Ltd and Anor v Gaja Trustee Co Pvt Ltd, the Bombay High Court held that it would not be appropriate to foist unwarranted arbitration on the parties when the cause of action is time-barred
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In a recent case, Quess Corporation v Netcore Cloud Pvt Ltd, the Bombay High Court has held that an arbitrator’s acceptance of a brief from a law firm or advocate representing a party in an arbitration, will not result in…
The Supreme Court of India, in a recent judgment, has clarified that a dispute involving multiple transactions with different contracting parties and agreements, of which only one agreement has an arbitration clause, cannot be referred to arbitration if the cause
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In a recent decision, the Madras High Court held that the bar under the Seventh Schedule of the Arbitration and Conciliation Act on appointing sole arbitrators unilaterally is non-derogable. The Court made it clear that no exceptions can be made
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One of the critical aspects of arbitration is the enforcement of the arbitral award. Once an arbitral award is passed, it becomes binding on the parties involved. However, enforcing an arbitral award can sometimes be a challenging task, and parties
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