Category: Arbitration Law

Mareva
Arbitration Law, Civil Procedure, Law

MAREVA INJUNCTION: A Nuclear Weapon in aid of Arbitration?

Mareva Injunction, one of the most severe reliefs, is an interlocutory order which is sought by the claimant during the pendency of the proceedings or even after the judgement or award is obtained to ensure its smooth execution. Usually sought when high stakes of money is involved or in the event of fraud. If granted, this injunction prevents the defendant from dissipating his assets until the judgement/award can be obtained or enforced. Continue reading MAREVA INJUNCTION: A Nuclear Weapon in aid of Arbitration?

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Arbitration Law, Information Technology, Law, Mediation

ONLINE DISPUTE RESOLUTION: A Step Forward

-by Anwesha Singh & Alivya Sahay The internet has brought about a radical change by revolutionizing technological inventions. In recent times, the different mechanisms of alternate dispute resolution (“ADR”) procedures have absorbed within it the system of Online Dispute Resolution (“ODR”). ODR in India is in its outset stage and is fast gaining importance. Concept of Online Dispute Resolution: ODR refers to “a wide class of … Continue reading ONLINE DISPUTE RESOLUTION: A Step Forward

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Arbitration Law, Law

IS THE POSITION ON AUTOMATIC STAY OF AWARDS FINALLY SETTLED: HINDUSTAN CONSTRUCTION COMPANY LTD V UNION OF INDIA

-by Abhishar Vidyarthi The Hon’ble Supreme Court of India (“Court”) in a landmark decision titled “Hindustan Construction Company Ltd v Union of India” (Hindustan Company) struck down Section 87 of the Arbitration and Conciliation Act 1996, (“1996 Act”) which was inserted through the Arbitration and Conciliation (Amendment) Act, 2019 (“Amendment Act 2019”). Section 87, as inserted by the Amendment Act 2019, restricted the retrospective application … Continue reading IS THE POSITION ON AUTOMATIC STAY OF AWARDS FINALLY SETTLED: HINDUSTAN CONSTRUCTION COMPANY LTD V UNION OF INDIA

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