It will cover issues such as: (1) significance of the law governing the arbitration agreement in the Indian context, choice of appropriate institutional rules and seat of arbitration; (2) practical guidance on the selection and appointment of arbitrators; (3) techniques for effective case ...
In most common law jurisdictions, the test for identifying the law of the arbitration agreement involves three enquiries: (i) whether the parties have expressly chosen the law of the arbitration agreement; (ii) whether the parties have impliedly chosen the law of the arbitration agreement; (iii)...
Has there been any evolution in this regard in recent years? + Are there any recent court decisions in your country concerning the choice of law applicable to an arbitration agreement where no such law has been specified by the Parties? + How is the law applicable to the substance ...
· The Builder submitted that the amendment of the Arbitration Act in 2015, with respect to referring the parties to arbitration now reads as ``8. Power to refer parties to arbitration where there is an arbitration agreement. ``A judicial authority, before which an action is brought in a ma...
When entering into a contract, the parties can include an arbitration agreement clause providing that some or all of the disputes that arise between the parties will be resolved in arbitration. How to enter into an Arbitration agreement ? An Arbitration agreement may be in the form of ...
India has also entered a BIT with Brazil,28 although this treaty is closer to the Brazilian Model BIT.29 India, in 2021, decided to launch negotiations with the European Union for an investment protection agreement.30 India is also negotiating an FTA with the EU.31 India has kickstarted ...
Kenyan Court of Appeal takes robust stance to enforcing arbitration agreement in face of allegations of corruption 3 三月 2025 // In a recent decision, the Kenyan Court of Appeal refused to stay the execution of an order by the High Court of Kenya staying proceedings pending arbitration, despite...
This is possible when a non-signatory is claiming through a party to the arbitration agreement. Although this is another step towards the development of a pro-arbitration jurisprudence in India following the ruling in Bharat Aluminium Co. v. Kaiser Aluminium, the judgment raises many concerns, ...
Arbitration lawyers will also be skilled in various other alternative dispute resolution methods such as mediation, conciliation, expert determination, adjudication and collaborative law. For example, in mediation, a neutral mediatory facilitates communication, guiding parties toward a voluntary agreement. ...
Here, we offer a complete segment of hiring process, agreement formation and declaration and lots more under the system of arbitration.The arbitration has its own set of rules and regulations in respect of which the arbitrator states his or her decision to the parties. There are the separate ...