The Mediation Bill (Bill No. XLIII of 2021) was introduced in Rajya Sabha on December 20, 2021, with the objective of maximizing and facilitating mediation, particularly institutional mediation, for the resolution of commercial and other disputes, enforcing mediated settlement agreements, establishing a body for mediator registration, encouraging community mediation, and making online mediation an acceptable and cost-effective process....
Gambling Law - Will Liberal Ancient India Pave The Way For Our Future?
The illegal betting market in India runs into billions of dollars. The legality of it being in question stems from the potential for it to harm the social fabric of the Indian society. Whilst the article remains silent on the exact nature of reforms that should be introduced for it to be legal across India, the author touches upon the ‘not so invisible giant’ that sports betting has already become. The article examines the root of gambling which was reportedly prevalent in Ancient India before analysing the statutory framework that governs it today....
'Minority' Award In India - A Battle Half Won? And comparative legal position in other jurisdictions
The 1899 Hague Convention allowed arbitrators to “record their dissent,” but a proposal to let them state the reasons for their dissent was rejected for fear of “the possibility of having two awards in each case and of bringing the disagreement of the arbitrators before the public”. ...
Sneak Peek On Conflicting View By Full Bench - The Issue whether Arbitration Agreement can be acted upon in unstamped commercial contract, referred to be decided by a Constitution bench?
On 11th January 2021, a three-judge bench of the Hon'ble Supreme Court of India (Hon’ble Mr. Justice D. Y. Chandrachud, Mrs. Indu Malhotra and Mrs. Indira Banerjee) in the case of N.N. Global Mercantile Pvt. Ltd. v/s Indo Unique Flame Ltd. & Ors. was of the view that there is no legal impediment to the enforceability of the arbitration agreement, pending payment of Stamp Duty on the substantive contract. ...
Supreme Court's Decision On Striking Down Section 87 of Arbitration & Conciliation Act as 'Manifestly Arbitrary'
On 27th November, 2019 the Hon'ble Supreme Court of India (comprising the Hon’ble Mr. Justice R. F. Nariman, Hon’ble Mr. Justice Suryakant and the Hon’ble Mr. Justice V. Ramasubramanian) in Hindustan Construction Company Ltd. v. Union of India & Ors., has reiterated the dictum of BCCI vs Kochi Cricket Pvt. Ltd. (“BCCI”) and held that deletion of Section 26 of the Arbitration & Conciliation (Amendment) Act, 2015 (“2015 Amendment Act”) ...
Section 2(2) of the 1996 Act provides that Part I shall apply when the place of arbitration is in India. In the famous case of Naviera Amazonica Peruana vs. Compania Internacionale De Seguros Del Peru, the Court of Appeal has clarified the difference between place/seat and venue of arbitration as...
Supreme Court's Power to Appoint Arbitrator - When Underlying Contract Is Deficiently Stamped
On 10th April 2019, Division Bench of the Hon'ble Supreme Court of India (comprising the Hon’ble Mr. Justice R. F. Nariman and the Hon’ble Mr. Justice Vineet Saran) in Garware Wall Ropes Ltd. v. Coastal marine Constructions & Engineering Ltd., reiterated the dictum of SMS Tea Estates (P) Ltd. v. Chandmari Tea Co. (P) Ltd. (“SMS Tea”) holding that where an arbitration clause is contained in an unstamped agreement, the provisions of Maharashtra Stamp Act 2016, require the Court hearing the Section 11 application under the Arbitration Act, 1996 for appointment of arbitrator, to impound the agreement and ensure that stamp duty and penalty (if any) are paid thereon before proceeding with the Section 11 application..
