J&G Advocates

The growth of international commerce has necessitated the creation of efficient methods of resolution of disputes. In some situations, securing an award or a final judgment from the courts may only be a battle half won; this is especially true in the Indian context.  Taking a totally divergent view from the erstwhile Arbitration Act, 1940, The Parliament by inculcating Section 36 of Arbitration and Conciliation Act, 1996, enabled execution of an arbitral award “in the same manner as if it were a decree of the court”. Straightforward one would think, but a great deal of confusion has emanated from divergent views taken by high courts across the country. An award holder would have to wait for a period of three months after the receipt of the award prior to applying for enforcement and execution. During the intervening period [1] the award may be challenged in accordance with Section 34 of the Act. After expiry of the aforesaid period, if a court finds the award to be enforceabl

PLACE, VENUE AND SEAT OF ARBITRATION: REVISITING THE DISTINCTIONS The Seat of arbitration is a legal concept, not a geographical one . It has a legal significance in domestic and majorly in international commercial arbitration. In the absence of parties’ agreement, the arbitration procedure shall be governed by the law of the seat of such proceeding, and supervised by the court of such seat, and receive relevant judicial support. The seat of arbitration plays a vital role in the development of arbitration practice in many aspects including: (1)Validity . The respect to parties’ autonomy in choosing arbitration as their dispute resolution means the validity of the arbitration agreement may not be easily negated. ( 2)Efficiency . Under a specific legal framework, the assistance or support that a court or an institution can provide to the arbitration procedure determine the efficiency of arbitration proceedings; ( 3)Predictable enforcement . In the proceeding of chal

Under the Arbitration & Conciliation Act 1996, Section 9 empowers the court to order a party to take interim measure or protection when an application is made. Besides this Section 17 gives power to the Arbitral Tribunal to order interim measures unless the agreement prohibits such power. Nevertheless, at this juncture, what comes to our mind, is then the purpose and scope of Section 9 of Arbitration and Conciliation Act, 1996, as it relates to court intervention for the purpose of granting interim protection to either of the parties, in respect of its properties, money and other subject matter of dispute. Section 9 of the Act is broadly based on Article 9 of Model Law and provides for the grant of interim measures by a court. Unlike Model Law, Section 9 provides for interim measures of protection not just before the commencement of arbitral proceedings and during the arbitral proceedings but also post the arbitral award has been rendered (but prior to its enforcement).