By KARTIKEY SANJEEV BHALOTIA & SANDEEP GOLANI
This paper would analyse the Hon’ble court’s judgement and try to put forth its implications on the current scenario of dispute resolution in the country.
The international nature of the construction sector coupled with the complexity of large projects is a fertile breeding ground for misunderstandings between the parties involved. Resolution of the disputes through the courts can be both time consuming and disruptive to the projects progress. Alternative dispute resolution methods are available which can be quicker and more…
By Philip Teoh
Urgent action may need to be taken prior to the constitution of the tribunal to preserve evidence, goods which may be perishable, indirect publishing of confidential information by commencing legal action, all of which will defeat intended arbitration.
By K. Singhania
“When an arbitration clause is contained “in a contract”, it is significant that the agreement only becomes a contract if it is enforceable by law. Under the Indian Stamp Act, 1899, an agreement does not become a contract, namely, that it is not enforceable in law, unless it is duly stamped”.
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