Avoid using vague terms such as ’amicable negotiations, ‘best undertakings’ or ‘good faith’. The interpretation of these terms during the disagreement period could be manipulated.
PRACTICAL APPROACH TO MULTI-TIERED DISPUTE RESOLUTION CLAUSE IN INDIA
THE CONUNDRUM OF ARBITRATOR’S FEE – INDIAN AND GLOBAL PERSPECTIVE
The high fee charged largely by ex-judge arbitrators has brought disrepute to the entire arbitration biome in India and led to the repulsion of arbitration in India as being a more favourable jurisdiction.
Unilateral Appointment of Arbitrators in India: An analysis
The Court held that appointment of an arbitral tribunal can either be with consent or parties or by an order of the court, there can be no third way.
Deciphering Arbitrability of Disputes in Light of Recent Judicial Pronouncements
The conundrum around arbitrability of disputes was first settled by the Supreme Court in Booz Allen and Hamilton v. SBI Home Finance Limited and Others[2] (“Booz Allen”), where the court laid down the ‘test of arbitrability’ and categorized arbitrability into two segments, namely (i) rights in personam (right against specific individuals) to be amenable to arbitration; and (ii) rights in rem (rights against world at large)...
Arbitration Clauses – Are these really Boiler Plate?
Arbitration clauses were typically copy paste clauses - appearing somewhere in the miscellaneous provisions which are included in contracts without much thought. Times have changed. Arbitration is assuming greater importance in everyday contracts and is no longer the luxury of MNCs and enormous public sector undertakings. The objective of this post is to provide a... Continue Reading →
Arbitrability of Trust Disputes
Trusts and Dispute Resolution: An Overview A person may make a charitable transfer of property either for the benefit of the society at large (Public Trusts) or for his own family or for some specific person (Private Trusts). In such cases, to ensure that the benefits are appropriately passed on to the intended beneficiary, he... Continue Reading →
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