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Centre for Alternative Dispute Resolution,
RGNUL, Punjab
Fundamental Policy of Indian Law and Enforcement of Foreign Arbitral Awards in India
Dr. Ananya Pratap Singh* The expression ‘public policy’ is a ground for resisting both foreign and domestic awards under Section 48(2)(b) and Section 34(2)(b)(ii) of the Arbitration & Conciliation Act, 1996 (‘Indian Arbitration Act’). At the inception of the Indian jurisprudence, public policy in respect of foreign award was interpreted to inter alia include ‘fundamental policy of Indian law’ besides the interests of India and justice or morality. However, later while interpr
Dr. Ananya Pratap Singh
Apr 28, 202011 min read
The Vice of Res Judicata Delegitimizes the Effectiveness of the Arbitral Process: A Critical Analysis
Aditya Sethi, V.S. Pravallika The international arbitration regime has witnessed a significant rise in the number of disputes, with their nature being more complex, involving multiple parties, contracts and issues. The multiplicity of proceedings before national courts and arbitral tribunals over identical claims and between related parties have become increasingly recurrent and so have questions of res judicata. A number of provisions exist in domestic arbitration legislatio
Aditya Sethi and VS Pravallika
Apr 13, 20208 min read
Solving The Conundrum of Section 29A, Arbitration and Conciliation Act, 1996
Shreesh Chadha Introduction The unamended S. 29A (1) of The Arbitration and Conciliation Act, 1996 ('the Act') stated that “the award shall be made within a period of 12 months from the date the arbitral tribunal enters upon the reference.” This period could be extended either by an agreement between the parties or by an application made by one of the parties to the ‘Court’ provided there is a sufficient cause for the same. As per the Arbitration and Conciliation (Amendment)
Shreesh Chadha
Apr 5, 20206 min read
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