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.
Denne historien er fra January - February 2024-utgaven av UNIQUE TIMES.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent ? Logg på
Denne historien er fra January - February 2024-utgaven av UNIQUE TIMES.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent? Logg på
Sri Lanka: The Fantabulous Emerald Island
With its sunkissed beaches, tropical forests, rolling mist-capped hills, magnificent monuments and tantalising cuisine, Sri Lanka has everything to woo visitors
The Beauty Secret in Your Pantry: Rice Water
In the quest for flawless skin and luscious hair, people often turn to exotic, expensive products, not realising that some of the most potent beauty secrets are hidden in their kitchen pantry.
Unleash Your Strength With the Transformative Power of Squats
Imagine a single exercise that can redefine your fitness journey, transform your strength, balance, and overall well-being. Welcome to the world of squats, a fundamental move that packs a punch far beyond its simplicity.
Analyse, Evaluate and Reskill Yourselves!
Knowing your purpose and having clearly set goals will help you have conviction, discernment and focus. Finding your 'why' always helps you find the meaning of what you do, and your life in general.
Virility and its Physical, Emotional and Lifestyle Connections
Regular physical activity, a balanced diet, and maintaining a healthy weight are essential for reducing the risk of ED and related conditions. Men who make healthier lifestyle changes often experience better sexual health and overall well-being.
Union Budget 2024 - A Brief Review Of Some Of The Key Direct Tax Proposals - Part II
The Finance Bill proposed that the long-term capital gains on the ransfer of unlisted securities or shares of a closely held company by non-residents (without payment of STT) on or after July 23, 2024, would increase from 10 percent to 12.5 percent.
Neck pain on the rise among youngsters
The human body is designed to maintain an erect posture. Sleep on your back on a firm mattress and use a small pillow or a cervical pillow. Never sleep in a sitting position or any other compromised position especially when travelling.
Embodiment of Compassionate Leadership: Dr Leema Rose Martin
Leema’s leadership style is a unique blend of administrative skills and a humanitarian outlook. She is a visionary leader who understands that the success of a company is not just measured by its financial performance but also by its impact on society.
Understanding the Recent Surge in Climate Disasters: A Management Perspective
Building durability is not just about physical infrastructure but also about developing adaptive capacities among communities and businesses. Training programmes, public awareness campaigns, and the integration of climate education into curricula are crucial for empowering individuals and institutions to respond effectively to climate threats.
What I Make Out of This Year's Union Budget
It covers the whole gamut of economic planning and aims at making India a Viksit Bharat of citizens with higher disposable income and purchasing power by 2047
