Indian Law Lab

I. INTRODUCTION The Arbitration and Conciliation Act, 1996 (hereinafter 'Arbitration Act') confer absolute authority to the parties to determine the procedure for appointing the arbitrator/arbitrators. In the event of default, 'the Supreme Court or, as the case may be, the High Court or any person or institution designated by such Court will come into play. In 2015, the parliament has amended and transferred the power u/s. 11 from Chief Justice of India and Chief Justice of High Court to Supreme Court and High Court respectively. This entire process of appointment of arbitrator/arbitrator, either by parties or by court comes under the purview of Section 11 of the Arbitration Act. SECTION 11. APPOINTMENT OF ARBITRATOR _______________________________ 1 The court u/s. 11 means Supreme Court for International Commercial Arbitration and the High Court for Domestic Arbitration. II. APPOINTMENT OF ARBITRATOR BY PARTIES Sub-sections (2) and (3) of section 11 grants free...

I. INTRODUCTION The very essence of Arbitration and Conciliation Act, 1996 (hereinafter ‘Arbitration Act’), is to boil down the supervisory role of courts in the arbitral process. The Arbitration Act intended to reduce the scope of judicial interference with an arbitral award as well. The ambit of courts power is merely restricted to set aside the arbitral award on certain grounds specified in the Arbitration Act. It is blasphemous to use other enactments or rules to set aside the arbitral award. The court cannot act as an appellate authority over and above interfere on merits of an arbitral award (except ‘public policy’ issues). The arbitral award can ‘only’ be set aside by filing an application for setting aside the arbitral award in accordance with sub-sections (2), (2A) and (3) of Section 34 of the Arbitration Act. The application of setting aside arbitral award (including interim award) is dealt in chapter VII of the Arbitration Act under the head ‘Recourse Against Arbitral A...

I. INTRODUCTION India-Mauritius Double Tax Avoidance Agreement (hereinafter ‘DTAA’) was signed on Aug. 24th, 1982 and made effective from Apr. 1st, 1983, with the objective to encourage trade between both the countries by offering tax rebates on the investments. Interestingly, it is pertinent to note that Mauritius has been a key provider of Foreign Direct Investment (hereinafter ‘FDI’) to India. The report published by the Ministry of Commerce reveals the data of cumulative foreign inflow from Apr. 2000 till Jun. 2015 i.e., Rs. 438,892 [1] crores, which  has come from Mauritius. Further, Mauritius accounts for 35% of all the FDI during the last 15 years [2] . A. The D ouble Tax Avoidance Agreement/ Tax treaties: Its Purpose A tax treaty comprises of bilateral and multilateral [3] agreements between the countries, which facilitate income from cross-border transactions to obviate the potential territorial double taxation. Double taxation is a taxation principle where inc...