Arbitral Award: The Road to Reducing Judicial Intervention in Arbitration

BY LABDHI JAIN INTERN, H.K. LAW OFFICES Introduction An Arbitration Award is essentially a decision issued by an Arbitration Tribunal in an arbitration procedure and is comparable to a judgement issued by a court of law. Nonetheless, the aggrieved party may use of the remedies provided against arbitral rulings on specific reasons. Section 34 ofContinue reading Arbitral Award: The Road to Reducing Judicial Intervention in Arbitration

International Arbitration of Intellectual Property Disputes with special emphasis on Validity Issues

BY ENAKSHI SARKAR LEGAL INTERN, H.K. LAW OFFICES  INTRODUCTION Intellectual property (IP) litigation is widely perceived to be highly complex, unpredictable, and expensive. IP litigation is also frequently international in scope, involving IP rights emanating under the laws and procedures of multiple jurisdictions. Arbitration offers many obvious advantages over national courts and administrative agencies forContinue reading “International Arbitration of Intellectual Property Disputes with special emphasis on Validity Issues”

INDIA AS A HUB OF INTERNATIONAL COMMERCIAL ARBITRATION: THE CHALLENGES

By Bhavy Jyoti Sharma Legal Intern, H.K. Law Offices ABSTRACT International commercial arbitration is a very big aspect of dispute resolution because most of the disputes are settled under its ambit. Thus, it is one of the very important fields where India as a country needs to be ahead. India needs to be a hubContinue reading INDIA AS A HUB OF INTERNATIONAL COMMERCIAL ARBITRATION: THE CHALLENGES

Resolving Energy Disputes Through Arbitration

By Rudrani Ghosh Legal Intern, H.K. Law Offices The energy sector began to develop in the first half of the 20th century and grew rapidly ever since then. The energy sector is extremely crucial in the development of a country’s economy but is also a key contributor to global warming. Yet due to its commercialContinue reading Resolving Energy Disputes Through Arbitration

ARBITRATION AGREEMENT- ANALYSIS AND LEGAL ASPECT

BY LABDHI JAIN LEGAL INTERN, H.K. LAW OFFICES INTRODUCTION An Arbitration agreement is characterized in Section 7 of the Arbitration and Conciliation Act 1996. An Arbitration agreement is a contract between two or more parties to yield the Arbitration in a particular debate that should be settled down between the parties. This assertion may beContinue reading “ARBITRATION AGREEMENT- ANALYSIS AND LEGAL ASPECT”

THE SET IN STONE RULE OF LIMITATION UNDER SECTION 34 OF THE ARBITRATION & CONCILIATION ACT,1996

BY SWATI SINGH LEGAL INTERN, H.K. LAW OFFICES Introduction          The reason behind growth of Arbitration was its peculiar features such as party autonomy, least interreferences by courts and above all the summary process leading to speedy disposal of the cases. These features are very important specially for commercial disputes which involve huge economic stakes andContinue reading “THE SET IN STONE RULE OF LIMITATION UNDER SECTION 34 OF THE ARBITRATION & CONCILIATION ACT,1996”

WAIVER OF RIGHT TO OBJECT IN ARBITRATION PROCEEDINGS

BY SHREYA PRIYADARSHNI LEGAL INTERN, H.K. LAW OFFICES INTRODUCTION Arbitration is the procedure to solve disputes in which parties present their dispute by way of agreement to one or more arbitrator and decision of the arbitrator is binding on both the parties to the dispute. It is a form of Additional Dispute Resolution (ADR) whichContinue reading “WAIVER OF RIGHT TO OBJECT IN ARBITRATION PROCEEDINGS”