J&G Advocates

                                     In the recent times, arbitration has become a preferred private and consensual mode of dispute resolution. Arbitral tribunals and courts have been dealing with complex contracts and rapidly evolving the law relating to arbitrations. The prime issue faced by arbitral tribunals is whether the dispute referred to it is arbitrable in the first place. These questions commonly arise when allegations of fraud are made before a tribunal, or a reference is made to decide issues relating to competition law. ‘Arbitrability’-What is it, and why is it so important? To understand the above questions, let us assume a situation, where an arbitral tribunal comes to a conclusion, that a dispute raised before it is not arbitrable or cannot be referred to arbitration. In such a situation, what is the option left to the parties, where does the aggrieved party g...

Emergency Arbitration - Emergence and Relevance Whenever a dispute arises, the most important consideration for the parties is: how to obtain an immediate interim relief to preserve the status quo or to prevent the other side from continuing the breach in question. Before, the concept of Emergency Arbitration was introduced in International Commercial Arbitration, the party requiring an interim relief could either approach the National Court of opposite party or could move an application for interim relief only after the constitution of the Arbitral Tribunal. Such processes lead to complexity and time consumption which dilute the essence of arbitration per se. Accordingly, to simplify the process of obtaining interim relief, emergency arbitration was first introduced by International Centre for Dispute Resolution, the international division of American Arbitration Association in the year 2006 followed by major Arbitration Intuitions including International Chambers of Commerc...

The most significant element of domestic as well as international arbitration is constitution of an impartial, independent and neutral tribunal. The perception of justice and the administration of justice itself depends upon these elements. An independent arbitrator has no stake or apparent conflict with the parties or the sum involved in the proceedings, an impartial arbitrator means that the arbitrator allows equal chance of hearing to both the parties to plead. An arbitrator is considered neutral if the nationality of such arbitrator is different from that of the parties which is of utmost relevance in the international commercial arbitration. The Arbitration and Conciliation Act of 1996- Pre Amendment Situation Section 11 of the Act provided for the Appointment of the arbitrators by the parties. Further Section 12( [1] ) of the Act specified the grounds for challenging an arbitrator. It simply laid down that an arbitrator shall disclose any circumstances to the part...