File Name: section 9 of arbitration and conciliation act 1996 file.zip
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- Sundaram Finance Ltd. v. Nepc India Ltd. .
- Interim Relief in Foreign-Seated Arbitrations – Efficacious Remedy and Implied Exclusion
U-shin Limited and Ors.
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Sundaram Finance Ltd. v. Nepc India Ltd. .
The main objective of the Arbitration Act is to make provision for an arbitral procedure which is fair, efficient and capable of meeting the needs of the specific arbitration and to minimize the supervisory role of the courts in the arbitral process and to permit an arbitral tribunal to use mediation, conciliation or other procedures during the arbitral proceedings in settlement of the disputes. In furtherance of the aforesaid objective, the Arbitration Act underwent two major amendments in the year and , respectively, in order to bring forth pertinent changes in the arbitration landscape of the country with the sole motive of making India an arbitration friendly nation. This compilation seeks to identify the significant developments in arbitration law by the courts of India after the advent of the COVID pandemic i. Section 2 1 f. Which would be the relevant court to entertain a Section 9 application, arising out of a foreign seated arbitration proceeding, where both the parties to the dispute are Indian entities? Hindustan Zinc Limited.
Interim Relief in Foreign-Seated Arbitrations – Efficacious Remedy and Implied Exclusion
Except as otherwise provided in any particular case, the provisions of this Act shall apply to domestic arbitration and international arbitration. Competence of arbitral tribunal to rule on its jurisdiction. The parties shall be treated with equality, and each party shall be given reasonable opportunity for presenting his or her case. Unless the parties agree, the arbitral proceedings in respect of a particular dispute shall commence on the date on which a request for the dispute to be referred to arbitration is received by the respondent.
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One of the most sought after remedies under the Arbitration and Conciliation Act,  the Act is the grant of interim relief under Section 9 of the Act which allows the parties to apply to the court for interim relief before or during the arbitral proceedings, or after an award is passed but before it is enforced. The Act accordingly allows the parties, before executing the award, to apply to the court for securing the proceeds of the arbitral award to protect the decretal amount, so that the award debtor cannot evade the obligations under the award and make the realisation of the award illusory. The importance of a post award Section The grant of interim reliefs under Section 9 of the Act, especially in a scenario where the award has been delivered, assumes significance primarily because the Act provides for a statutory period of three months for the award debtor to file a challenge to the award. This created a unique hurdle in the enforcement of the award by the successful award-holder since the mere filing of a Section 34 application would automatically stay the execution of the award, pending the adjudication of the setting aside application.
Know more. Harish Salve, Senior Advocate K. Swami, Advocate, with him for the Appellant;.
The Arbitration Act c 23 is an Act of Parliament which regulates arbitration proceedings within the jurisdiction of England and Wales and Northern Ireland. The Act only applies to parts of the United Kingdom. This is a position which has been subject to criticism.
U-shin Limited and Ors. In arriving at its decision, the Division Bench held that even when an application for interim relief before Indian courts under Section 9 of the Act in a foreign-seated arbitration is maintainable, such application would not lie after the constitution of the arbitral tribunal, unless it can be proven that there is no efficacious remedy before the tribunal. On the facts of the case before it, the Division Bench held that there is nothing to show that remedy before the arbitral tribunal is inefficacious and that the arbitral tribunal had been constituted. The Appellants invoked the clause and applied for an emergency measure of protection pursuant to the JCAA rules. During the pendency of the emergency arbitration proceedings, the Appellants also issued a request for arbitration pursuant to the JCAA Rules.
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Arbitration and Conciliation Act repealed old Arbitration Act and incorporated law relating to domestic arbitration, international commercial arbitration and law relating to conciliation. The arbitrators are vested with powers for deciding matters such as law to be applied, procedure to be followed for evidence, jurisdiction, venue, interest etc. As these factors contribute to speedy arbitral process, it is quite common to find arbitration clause in commercial agreements. After the arbitral Tribunal is constituted, claimant will state facts of his case submit his claim and seek relief. Respondent will file his counter claim or his defence to the claim.
Arbitration and Conciliation Act repealed old Arbitration Act existing in India and incorporated law relating to domestic arbitration, international commercial arbitration and law relating to conciliation. The arbitrators are vested with powers for deciding matters such as law to be applied, procedure to be followed for evidence, jurisdiction, venue, interest etc. As these factors contribute to speedy arbitral process, it is quite common to find arbitration clause in commercial agreements.
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