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DISPUTE RESOLUTION IN ASIA? HERE’S WHAT YOU NEED TO KNOW

-U VIJJAY METHA THIS IS A DISPUTE RESOLUTION DIGEST COVERING CURRENT AND TRENDING NEWS. STAY TUNED TO RECEIVE OUR PERIODICAL MAGAZINE. Commercial parties, when entering into a contractual relationship, will have to address three key issues when negotiating the dispute resolution (or jurisdiction) clause. First, whether to resolve those disputes by arbitration, a private dispute resolution procedure, or litigation (court of law). Second, if arbitration is preferred, where to conduct (seat of arbitration) that arbitration and third, which set of procedural rules to adopt.This article seeks to compare and analyse the arbitration laws in Asian countries concentrating on growing arbitration venues such...

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VALIDITY OF APPELLATE ARBITRATIONS IN INDIA

ANALYSIS OF CENTROTRADE MINERALS & METALS V. HINDUSTAN COPPER LTD. Introduction: Impartiality of arbitrators, confidentiality in arbitration proceedings and finality in arbitral awards are the three pillars of a well-structured arbitration proceedings. Though parties may submit that the award passed by the arbitrators shall be final and binding on them, in most cases the awards are subjected to judicial scrutiny in form of an appeal or to be set aside. Since arbitration proceedings involve significant time and costs attached to it, the arbitration jurisprudence have come up with an alternative to prevent unwarranted and unscrupulous appeals to the arbitration awards called ‘Appellate...

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UNILATERAL APPOINTMENT OF ARBITRATORS – THE QUANDARY CONTINUES

Written by: Pranav K R Since the inception of arbitration as a preferred mode of dispute resolution, the issue of arbitrator’s impartiality and independence has been a recurring source of contention in India. Such contentions are mainly observed in contracts where one party in abuse of its dominant position retains the right to appoint the arbitrator and the place of arbitration and the party with a weak bargaining power is forced to accept such terms without any room for negotiation. Since parties can always appoint arbitrators who are favourable to their case, there are high chances that the unilaterally appointed arbitrator...

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INSTITUTIONAL ARBITRATION: THE EMERGING NEED FOR A ROBUST DISPUTE RESOLUTION MECHANISM IN INDIA

- U VINAY MEHTA History of Arbitration in India Arbitration has a long history in India. In ancient times, people often voluntarily submitted their disputes to a group of wise men of a community called the panchayat for a binding resolution. The Arbitration law in India was constructed by the Bengal Regulations in 1772, during the British rule. The Bengal Regulations provided for reference by a court to arbitration, with the consent of the parties, in lawsuits for accounts, partnership deeds, and breach of contract, amongst others. Until 1996, the law governing arbitration in India consisted mainly of three statutes: (i) the 1937Arbitration...

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