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Enforcing Awards and Foreign Judgments Against a GIFT IFSC Counterparty
Enforcement is where a dispute-resolution clause is finally tested. For parties transacting through GIFT IFSC, the challenge lies in enforcing arbitral awards and court judgments a
Arbitrating With a GIFT IFSC Entity: Seat, “International” Character and the Choice of a Foreign Seat
GIFT IFSC entities frequently enter cross-border contracts containing arbitration clauses. However, an international transaction does not automatically qualify as an international
Section 11: Appointment of an Arbitrator by the Court
An arbitration agreement is only effective when it leads to a properly constituted arbitral tribunal. Where the agreed procedure for appointment of an arbitrator fails because a pa
Arbitration Proceedings and Section 138 NI Act: Comprehensive Guide to Simultaneous Proceedings and Injunctive Relief
A detailed analysis of the intersection between arbitration proceedings and cheque bounce cases under the Negotiable Instruments Act, including recent Supreme Court developments an
The Enforcement of Foreign Awards in India Amidst FEMA Concerns: The Interplay Between FEMA and Arbitration:
Introduction The Foreign Exchange Management Act, 1999 (FEMA), is the principal legislation governing foreign exchange transactions in India. While FEMA aims to facilitate extern
Supreme Court Ruling on Limitation Period in Arbitration
Introduction: The Supreme Court of India recently issued a significant ruling on the topic of whether negotiations between parties involved in an arbitration can postpone the ̶
Dissenting Opinions in Arbitration Awards: A Comprehensive Analysis of Supreme Court’s Ruling
Introduction In a significant legal development, the Supreme Court of India has addressed the intricate question of the legal standing of dissenting opinions in arbitration awards.
Interim Measures in Arbitration: An Overview of Section 9
Introduction Welcome to the first article in our series on interim measures under the Arbitration and Conciliation Act, 1996. This series aims to provide a comprehensive understand
Arbitration in India: An Alternative Dispute Resolution Method
Introduction In today’s complex commercial environment, disputes between parties are inevitable. Traditional court-based litigation, while effective, often involves lengthy p
Section 11(6)(c) of the Arbitration and Conciliation Act, 1996: Judicial Intervention in Appointment of Arbitrators
Introduction The landscape of dispute resolution in India has witnessed a paradigm shift with the increasing acceptance and adoption of arbitration as a preferred mechanism for res
