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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
Section 9 vs Section 17 Interim Relief in Arbitration
Arbitration can take time, and during that period, assets may be dissipated, goods disposed of, bank guarantees encashed, or property transferred. Understanding Section 9 vs Sectio
How to Enforce an Arbitral Award in India
An arbitral award that cannot be enforced is a document, not a remedy. The Arbitration and Conciliation Act, 1996 makes the enforcement of an arbitral award comparatively straightf
Grounds to Set Aside an Arbitral Award
Parties choose arbitration for finality. The Arbitration and Conciliation Act, 1996 gives effect to that choice by keeping the grounds to set aside an arbitral award narrow and exc
Time Limit to Challenge an Arbitral Award under Section 34
The time limit to challenge an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 is one of the strictest in Indian law. It is short, computed from an ev
Section 34 vs Section 37 of the Arbitration Act Explained
An arbitral award is not a court decree, and the challenge to an arbitral award in India is governed by limited statutory grounds. Under the Arbitration and Conciliation Act, 1996,
The Limits of Challenging a National Highways Arbitral Award under Section 34
When land is acquired for a National Highway, the landowner does not receive a court-determined compensation in the first instance. The Competent Authority fixes compensation under
Arbitration: Lack of Section 21 Notice Not Fatal if Claim is Otherwise Valid and Arbitrable – Supreme Court Ruling
The Supreme Court of India has delivered a landmark judgment reaffirming the procedural flexibility within arbitration proceedings, particularly concerning the requirement o
