+91 44 28120000

Call Us for an Appointment

[language-switcher]
 

Arbitration and Conciliation Act Tag

SURANA & SURANA > Posts tagged "Arbitration and Conciliation Act"

Issues with Repeat Appointments of Statutory Arbitrators

Issues with Repeat Appointments of Statutory Arbitrators

Arunima Das A. Introduction: Repeat appointments of arbitrators refer to the appointment of an arbitrator for multiple arbitration proceedings. It ordinarily involves the same arbitrator being repeatedly chosen by a single  party or counsel for various cases. In the context of statutory arbitrations, arbitrators are appointed by statutory bodies, rather than by the parties themselves. Consequently, when a sole arbitrator is appointed by a statutory body, for cases with the same subject matter and involving a common party, it can also be considered a form of repeat appointment within statutory arbitrations. Although this definition may be subject to debate, this article assumes...

Continue reading

BINDING THIRD PARTIES TO ARBITRATION – THE NEW NORM?

BINDING THIRD PARTIES TO ARBITRATION – THE NEW NORM

Shweta Surana, Assessment Intern INTRODUCTION One of the most fundamental cornerstones of arbitration is consent.  It is by virtue of this unique characteristic of arbitration, that only those parties which consented to the arbitration agreement can be bound by the agreement and the resulting arbitral award.  However, like all things go, there exists an exception for this principle as well.   Sometimes, there are certain disputes that cannot be resolved without involving a third party to the arbitration.  At times like this, it is crucial to decipher whether there exists implied consent of the third party to be bound by the arbitration agreement....

Continue reading