Page 2 - Arbitration

We are using AI to translate new criminal legislations: Ministry of Law

As far as the use of technology in the arbitration and mediation system is concerned, he said they have consciously incorporated the use of online mediation

Max Healthcare and Touch Healthcare signs agreement to settle dispute

Max Healthcare accused Touch Healthcare of favouring Blackstone's offer over a prior agreement for Care Hospitals' sale

Panel headed by former law secretary submits report on arbitration reforms

An expert committee headed by former law secretary T K Vishwanathan has submitted its report on reforms in the arbitration sector to the law ministry, sources said on Wednesday. The panel, which also had representatives of the law ministry as well as domain experts, has recommended an amendment to the Arbitration law to confer on the court the power to set aside or vary the arbitration award, the sources said. Industry representatives have dubbed the proposed changes in the law as a setback for arbitration reforms in the country. They said that one of the major issues plaguing arbitrations especially in a jurisdiction such as India is with regard to the fees charged by arbitrators being on the higher side. The reforms propose deletion of the Fourth schedule dealing with fee schedule. The panel has also set no limits on number of arbitrations an arbitrator can take, leading to delay in award, they said. The also noted that no upper age limit has been prescribed for accepting ...

IRB Infra Trust wins Rs 1,720 cr arbitration award for highway project

Yedeshi Aurangabad Tollway Ltd (YATL), a special purpose vehicle of IRB Infrastructure Trust, has won an arbitration award of Rs 1,720 crore for a highway project, a statement said on Sunday. The YATL had initiated arbitration proceedings against the National Highways Authority of India (NHAI) after the authority disputed the company's claim for the extension of the concession period by 870 days and compensation of Rs 1,751 crore, the statement said. IRB Infrastructure Developers Ltd is the sponsor of IRB Infrastructure Trust. IRB was the EPC contractor for YATL and continues to be the project manager for YATL. The arbitration was based on the compensation payable to the IRB towards time and cost overrun suffered during the construction period on account of delays attributable to the NHAI and certain Force Majeure events, it added. After thoroughly hearing both sides, the statement said the Arbitration Tribunal has directed NHAI to pay compensation of Rs 1,720 crore including Inter

Byju's vs BCCI: Edtech wants arbitrator to decide Rs 158 crore dispute

The firm claimed before the NCLT that it is in talks with the BCCI to settle the payment dispute. However, the BCCI reportedly denied and told the tribunal that no negotiations were underway

Delhi Airport wins arbitration against AAI, secures refund & payment waiver

The tribunal outlined specific directives that entail a refund of Rs 500 crore from AAI and a waiver of Rs 1,800 crore payment to the authority

PMO imposter case: CBI files charge sheet against Ahmedabad-based person

The CBI has filed a charge sheet against Ahmedabad-based Maayank Tiwari who allegedly posed as a high-ranking official of the Prime Minister's Office to force an eye hospital chain to forfeit more than Rs 16 crore owed to it by an Indore-based hospital under a legal dispute, according to officials. After a nearly three-month-long probe, the CBI filed the first charge sheet in the case in a special CBI court here. In October, the agency had carried out searches at several locations, including Ahmedabad and Indore, during which a number of documents were seized. Tiwari had allegedly called and sent messages from his mobile phone, asking the promoters of Dr Agarwal's - a chain of eye hospitals - to settle a dispute with the hospital in Indore, which allegedly had to return Rs 16 crore to the hospital chain, according to the charge sheet. It is alleged that Dr Agarwal's had entered an agreement with two doctors who ran the Indore-based hospital to join the franchise for which over Rs 1

Wipro's lawsuit against ex-CFO referred to arbitration by civil court

The court took this decision as Dalal produced agreements that indicated that disputes were to be settled through arbitration

Court to pass orders on ex-CFO's plea for arbitration with Wipro on Jan 3

A civil court in Bengaluru will pass orders on January 3 on two interlocutory applications (IA) by Wipro Limited's former Chief Financial Officer (CFO) Jatin Pravinchandra Dalal seeking arbitration with his former company. The suit filed by Wipro on November 28 seeks payment of compensation of Rs 25,15,52,875 with interest of 18 per cent for allegedly violating a clause in his employment contract with the company. Dalal resigned from Wipro in September and is set to join rival Cognizant in January. Allegedly, the non-compete clause prevents Dalal from joining a rival within one year of leaving the company, failing which he would be liable to compensate Wipro with the value of the Restricted Stock Units (RSU) allotted to him or the sum of his total remuneration in the previous 12 months. Earlier on November 28, the counsel for Dalal had filed a memo stating that the defendant was hospitalised. In a subsequent hearing, Dalal's counsel filed IA No 4 under Section 8(2) of the Arbitrati

SC says unstamped agreements enforceable, overrules its April judgment

Stamping means when a stamp duty is paid on the value of the agreement as per the Stamps Act

Arbitration pact: Supreme Court upholds group of companies doctrine

The doctrine was contested by some parties, who said that it did not consider individual party autonomy and the separate legal entity concept

In push for arbitration in India, one sector steps on the gas

The central government sought from the Supreme Court time till November to file an expert committee's report recommending reforms in the Indian Arbitration and Conciliation Act of 1996

Less than 10% Indian arbitrators on international panels are women: CJI

Chief Justice of India (CJI) D Y Chandrachud has lamented that less than 10 per cent of all Indian arbitrators on various international panels are women, terming the situation as a diversity paradox. The CJI was speaking at the inaugural session of the United Nations Commission on International Trade Law (UNCITRAL) South Asia Conference, 2023 on Thursday. Justice Chandrachud hailed the fact that now various international arbitral institutions have curated regionally diverse panels of arbitrators. However, the gendered compositions of these panels are hard to miss. We face what is called a diversity paradox i.e. a mismatch between our stated objectives and actual appointments. Less than 10 per cent of all Indian arbitrators on various international institutional panels are women, he said. He referred to a report on Gender Diversity and said it identified unconscious bias' was contributing to this gender mismatch. It suggests using gender-neutral pronouns in our legislation and rule

Vedanta wins arbitration against govt in $1.1 bn cost disallowance case

Mining magnate Anil Agarwal's Vedanta Ltd has won an arbitration against a demand for a higher payout from its prolific Rajasthan oil and gas fields after disallowance of Rs 9,545 crore (USD 1.16 billion) in certain costs incurred, the company said. The government has sought additional profit petroleum (or its share from the oil and gas fields) after it reallocated certain costs between the fields in the block and disallowed a portion of the cost incurred on laying a pipeline to evacuate oil produced from the Rajasthan block. As per the contract, companies are allowed to recover all costs incurred before splitting profit in a predetermined ratio with the government. If a certain portion of cost is disallowed, it would result in higher profits and a resultant higher share to the government. Vedanta had challenged such a demand before an arbitration tribunal. "The company has received an arbitration award dated August 23, 2023... upholding the contention of the company that additional

3,529 arbitration cases pending in Himachal, HC says 'extremely serious'

The Court observed that the issue is indeed extremely serious and, therefore, required to be deliberated upon by all the stakeholders, more particularly, NHAI and Central Government

Changes to arbitration act to bring it on par with global practice: Experts

Some want parties to be allowed to contest award at the outset, so that it can also be scrutinsed by first appellate court and the parties can assail it as if it were a trial court decree

Centre panel for arbitration law reforms to have first meeting on June 20

The committee will submit its recommendations to the government within a period of 30 days

Centre forms expert committee to suggest reforms to arbitration law

The Committee is to submit its recommendations to the government within a period of 30 days

Option for arbitration in agreement not binding on parties: HC observation

Court ruling relates to dispute between two parties over non-payment of invoices for operation and maintenance

Go First backs emergency arbitration in dispute with Pratt & Whitney

(Reuters) - India's Go Airlines said on Monday it needed an emergency arbitration in its dispute with engine maker Pratt & Whitney to be enforced in Delaware to prevent it from going out of business.