The Former President of the United States, Franklin D Roosevelt said “The only limit to our realization of tomorrow will be our doubts of today.” As one turns the leaf of 2023, the saying seems more relevant than ever. In this article, I intend to delve into some of the key judgments in 2023 that have shaped the law governing Arbitration in India. As one bids adieu to 2023 and prepares to step into 2024, it is indeed clear that the dynamic legal landscape in India has brought several glorious moments for India.
Arbitration in India has since its origin firmly rested on the consensual autonomy of parties to a contract. The Arbitration & Conciliation Act, 1996 (“the AAC Act”) firmly rests on the consent of the parties from the stage of choosing the arbitration mechanism to the conduct of arbitration and the form and content of an award. The Act also envisages complete consensus on all points. This consensual resolution of disputes through the process of arbitration forms the leitmotif of the AAC Act. These essential principles were recently reiterated by the Hon’ble Calcutta High Court in the case of Mehrotra Buildcon Pvt. Ltd. vs. South Eastern Railway reported in MANU/WB/2464/2023.
Jurisdiction of the referral court under Section 11 of the AAC Act
In the context of the scope of exercise of jurisdiction under Section 11(6) of the AAC Act, the Hon’ble Supreme Court in the case of NTPC Limited Vs SPML Infra Limited (2023) 9 SCC 385 has reiterated certain key tenets. The Hon’ble Court held the following key principles:
• The Arbitral Tribunal is the first preferred authority to decide all questions of non-arbitrability.
هذه القصة مأخوذة من طبعة January - February 2024 من UNIQUE TIMES.
ابدأ النسخة التجريبية المجانية من Magzter GOLD لمدة 7 أيام للوصول إلى آلاف القصص المتميزة المنسقة وأكثر من 9,000 مجلة وصحيفة.
بالفعل مشترك ? تسجيل الدخول
هذه القصة مأخوذة من طبعة January - February 2024 من UNIQUE TIMES.
ابدأ النسخة التجريبية المجانية من Magzter GOLD لمدة 7 أيام للوصول إلى آلاف القصص المتميزة المنسقة وأكثر من 9,000 مجلة وصحيفة.
بالفعل مشترك? تسجيل الدخول
Bhutan: The Enchanting Jewel Of The Himalayas
Majestic snow-capped mountains, picturesque valleys, verdant forests, centuries-old Buddhist shrines and monasteries, fluttering prayer flags, a serene way of life and folks boasting the best happiness index in the world...this Land of the Thunder Dragon has much more to entice those with wanderlust.
Bail - Emerging Trends In The Context Of Money Laundering Laws
The Hon'ble Supreme Court in case of Manish Sisodia Vs Directorate of Enforcement 2024 SCC Online 1920 has upheld certain key propositions that where a trial has not merely been delayed but has not even commenced after a long period of incarceration, the same would be violative of Article 21 of the Constitution of India.
Toyota, Maruti Suzuki Boost Hybrid Vehicle Sales in Uttar Pradesh Amid Tax Waivers, Spark Industry Debate
Toyota and Maruti Suzuki are ramping up marketing efforts for hybrid vehicles in Uttar Pradesh, leveraging new state tax waivers that offer buyers savings of up to $15,800 on luxury models like the Toyota Vellfire.
Supreme Court Rejects AAP Government's Plea to Expand NRI Quota in Punjab Medical Colleges
The Supreme Court rejected the AAP-led Punjab government's plea challenging the High Court's ruling against expanding the ‘NRI quota’ to include distant relatives for medical and dental college admissions.
USA's Delaware Supreme Court Confirms Byju's Default on $1.2-Billion Loan Amidst Ongoing Insolvency Proceedings
The Delaware Supreme Court has upheld a ruling that edtech firm Byju's defaulted on a $1.2 billion Term Loan B (TLB), validating claims made by US-based lenders.
India Approves Rs 3,300 Cr Semiconductor Packaging Plant in Gujarat, to Boost Chip Production
The Union Cabinet has approved a Rs 3,300 crore proposal from electronics manufacturer Kaynes to establish a semiconductor packaging plant in Sanand, Gujarat.
Thar Roxx: Your Perfect Off-Road Companion
To say that Mahindra knows the Indian customer really well, will be an understatement. Their biggest hits have come in various forms over the years, from the XUV500 to the XUV700 and the Scorpio N in recent times.
Exfoliate Your Way to Flawless Skin
Imagine waking up to smooth, glowing skin every day—skin that feels soft to the touch and looks naturally radiant without the need for heavy makeup or filters.
The Stinking Rose: Flavourful and Full of Health
Garlic, the humble bulb with a pungent aroma and a rich history dating back thousands of years, has earned a reputation not only in culinary delights but also as a powerhouse of health benefits.
Never give up!
In the earlier stage of your life, it was someone else who might have been gravely instrumental in shaping your viewpoints. Hence, it is supremely important to re-evaluate what you believe in, when you become an adult.
