J&G Advocates

Overview of the Post : "Various rulings of Indian Courts have led to development of the jurisprudence regarding the arbitrability of NCLT disputes in India. Firstly one needs to analyse the origin and context of the issue of arbitrability of NCLT disputes prior and post the entry into force of the Arbitration Act 1996. Secondly ,discussion on the jurisprudence of Indian Courts in this area, again, pre- and post-Arbitration Act 1996 ." Introduction The impasse over the arbitrability of National Company Law Tribunal (NCLT) disputes has been the debating point in domestic as well as international arbitrations. The Companies Act 1956 contains several provisions to protect the interest of minority shareholders of a company against unfair corporate management, most notable among them being the power conferred upon the shareholders to file a petition for oppression and mismanagement. Law and the current situation. Under Section 241 and 242  of the Companie...

                                     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...