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In most of the Build operate Transfer types of contracts (BOT), we normally see a chapter called conditions Precedent. These conditions precedents impose certain obligations on both the parties which are to be fulfilled or waived off for the starting ..
In our country, everyday there are many announcements about new launch of infrastructure projects on either BOT basis or Annuity basis or EPC basis etc., But most of them end up in arbitrations due to delay in completion or termination or escalation ..
In a recent Judgment delivered on 23rd January 2018 in the matter of M/S. Indian Farmers Fertilizer Co-operative Limited Vs M/S. Bhadra Products, Supreme Court of India dealt with an interesting issue �Whether an arbitration award passed by an ..
These days many foreign law firms have started recommending Foreign companies to agree on an arbitration clause proving India seated International Arbitration. Hence, the negative feeling about having an Arbitration in India is slowly changing. The P ..
In a recent Judgment, High Court of Delhi in Shree Ganesh Metals Vs Glencore International AG (2017 SCC Online Del 11435) that a mere reference of another Contract with an Arbitration clause stating that the terms of that contract would apply, is not ..
In a recent Judgment delivered on 15th December 2017 in a matter between Macquaire Bank Limited (Singapore) and Shilpi Cable Technologies Ltd., reported as 2017 SCC Online SC 1493, Supreme Court of India reversed the Judgment of National Company Law ..
In normal circumstances courts, do not alter any contract because parties have the supremacy to decide the provisions of a contract, however fair or unfair it may be. But many a times interpretation of arbitration clauses have been a challenge to the ..
Arbitration is kept beyond the technical complex procedures prescribed in the Code of Civil Procedure & Evidence Act. Arbitration Procedure can be either decided by the parties jointly or by the arbitrator in consultation with parties, in case of ..
Introduction: Prior to 2010, parties using international arbitration as the dispute resolution mechanism did not have an effective procedure relating to interim relief. The most important reason for parties opting for international arbitration is the ..
Choosing a neutral seat of Arbitration, is an established and well recognized practice in the field of International arbitration. But normally parties cannot vest jurisdiction to a court, by consent when the said court does not have a jurisdiction by ..
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