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Centre for Alternative Dispute Resolution,
RGNUL, Punjab
Not Quite The Final Nail in The Unstamped Arbitration Clause Saga?
Aryan Pandey Introduction The admissibility of documents in arbitration differs from court proceedings as it is not governed by the Indian Evidence Act, 1872 or the Code of Civil Procedure, 1908. The arbitral tribunal has the discretion, based on the principle of Kompetenz-Kompetenz, to determine the rules of admissibility for any material presented before it. On 11th January 2021, the Supreme Court encountered a case, N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd
Aryan Pandey
Aug 28, 20237 min read
Reference to Arbitration in Case of Multiple Agreements between the Parties
Aditi, Hrishabh Khatwani Introduction Parties frequently enter into multiple agreements with respect to the same transaction. Such parties may enter into some sort of an umbrella agreement which sets out the general terms of performance of obligations between the parties and also subsequent agreements which lay down the specific details of the performance. These subsequent agreements commonly take the form of purchase orders issued under general agreements or hire agreements
Aditi and Hrishabh
Aug 22, 20235 min read
The Interplay Between Sections 12, 13 and 14 vis-à-vis the Rule of Bias
Ayush Bajpai The challenge surrounding the appointment of an arbitrator after the 2015 amendment has several conundrums, as whether on the ground of bias/impartiality the appointment can only be challenged before the tribunal or it can also be challenged before the court under section 14 as a de-jure ineligibility. Even though as of now HRD Corporation is considered as the settled law on the subject, however, the current conundrum is yet to be resolved. The author tries to lu
Ayush Bajpai
Aug 11, 20237 min read
The CADR Blog
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