Impact Of Seat In Arbitrations – Domestic As Well As International

INTRODUCTION In arbitration law, seat of arbitration is of paramount importance. The arbitral seat is the legal or juridical home of the arbitration and therefore, the choice of seat results in a number of significant legal consequences.  In the Arbitration and Conciliation Act, 1996 (“the Act”) ‘seat’ is neither defined nor used, instead the expression […]

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Ease Of Doing Business – Discontinuation Of Reports/Returns Under Fema, 1999

The Reserve Bank of India (“RBI”) in its circular[1] dated November 13, 2020, notified, that subsequent to the reviewal of the existing forms and reports prescribed under the Foreign Exchange Management Act, 1999 (“FEMA”), it has decided for the discontinuation of 17 (seventeen) reports and returns that were earlier mandated to be filed by the […]

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Limitation Period For Enforcement Of Foreign Award

About 5 months ago, when a two judges’ bench of Hon’ble Supreme Court of India (“SC”) decided the issue regarding the limitation period for execution of a foreign decree, the most debated question was as to whether the said law would apply equally qua the limitation period for enforcement of a foreign award. The apex […]

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Arbitration Law In India For Foreign Seated Arbitrations

LAW ON INTERIM RELIEF PRE-BALCO AND POST-BALCO It was in Bhatia International Vs. Bulk Trading S.A.[1] judgment that the Indian Supreme Court laid down the principle that courts in India would have a right to provide interim relief in foreign seated arbitrations also unless otherwise agreed in writing by the parties. Therefore, earlier the Indian […]

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