Tag: Arbitration Laws in India

It has been well established that proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) are summary in nature.The scope of enquiry in any proceedings under Section 34 of the Act has been restricted to consider whether any of the grounds mentioned in Section 34(2) or Section 13(5) or Section 16(6) are made out to set aside the award, the grounds for which are specific....

It has been well established that consent from parties is a prerequisite to an arbitration.This characteristic of an arbitration ensures that it is only the parties to an arbitration agreement that would be the parties between who arbitration shall commence against. However, over time we have seen different doctrines or legal theories developed such as the group of companies’doctrine, the concept of agency, the reliance theory, that have been used to make a non-signatory a party to an arbitration....

In a recent decision, the Supreme Court of India in M/S Shriram EPC Limited vs Rioglass Solar Sa has ruled that it is not necessary for a foreign arbitral award to be stamped. This judgement has put to rest an issue on which various High Courts of India had given differing opinions. ...

The Supreme Court of India in Civil Appeal No. 5370-5371 of 2017, Indus Mobile Distribution Private Limited (”Appellant”) vs Datawind Innovations Private Limited and Ors.(”Respondent”) ruled that when parties to an agreement agree on a ”seat” of arbitration then that court alone will have jurisdiction.”...