INTERPRETING DISPUTE RESOLUTION CLAUSES – A Liberal view

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Keerthana B - Student Intern, Dispute Resolution Practice While considering commercial contracts and the business relationships borne out of them, on certain occasions, parties to the contract or agreement continue their business relationship even after the formal expiry of its term. In such scenarios, there is often a conundrum on if and could the parties be held accountable to fulfil their obligations under the continuous business relationship, despite the formal expiry of the term of the Contract and the mode of dispute resolution to be adopted in the scenario that the said Contract has an Arbitration clause. The question concerning the arbitrability...

29 September

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CASE COMMENT- ARN infrastructure India Limited vs Hara Prasad Ghosh: CIVIL APPEAL Diary No(s). 31182/2023

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T.G Niranjana - Associate, Dispute Resolution Practice Brief facts: A complaint under original jurisdiction was filed before the NCDRC seeking return of deposit from the Opposite Parties. In the said case, the Opposite Parties did not file their Written Version within the statutory timeline prescribed. While so, at the time of hearing final arguments, the Opposite Parties entered appearance through an advocate and sought an adjournment to make final arguments in the case. The NCDRC rejected the said request on the ground that the Written Version was not filed within the statutory period. The NCDRC allowed the complaint by hearing only the Complainant...

10 September

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BINDING THIRD PARTIES TO ARBITRATION – THE NEW NORM?

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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....

dispute resolution Tag

INTERPRETING DISPUTE RESOLUTION CLAUSES – A Liberal view

CASE COMMENT- ARN infrastructure India Limited vs Hara Prasad Ghosh: CIVIL APPEAL Diary No(s). 31182/2023

BINDING THIRD PARTIES TO ARBITRATION – THE NEW NORM?

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