Indian Law Lab

STAGES OF ARBITRATION - STEP BY STEP PROCEDURE The arbitration proceeding will only begin when the parties to the contract agree to settle all/ certain existing/future dispute through arbitration. Arbitration is a process of resolving all/certain existing/future disputes before independent and impartial individual(s), who serves as an arbitrator(s). The arbitration/ arbitral proceedings begin when the notice to arbitrate or arbitration notice is delivered to the opponent, which is sent by the claimant. Section 21 of the Arbitration and Conciliation Act, 1996 (hereinafter 'Arbitration Act') states the ' Commencement of arbitral proceedings ' as ' Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent '. [See Y. Parthsarthy v. G.M., Railways Electrification, Allahabad, 1997 (2) Arb LR 347 ;...

Supreme Court of India | Image Source: fb.com/groups/TheSupreme.Court/ ( here ) The Hon’ble Apex Court has held that the constitutional amendments or statutes cannot damage or destroy the basic structure of the Constitution. 1 By subjecting legislature to judicial review, the court limits the extent and couch essential non-legislative checks on the powerful political configurations. Thereby, it entrusts the basic structure or the framework of the Constitution intact. Hence, basic structure theory plays a very critical role in our constitutional jurisprudence 2 .  The Hon’ble Apex Court has also described that preserving an Independent Judiciary is vital to democracy and constitute as a basic feature of the Constitution. 3 It is a set precedent that the Independence of the judiciary is a very crucial part of the basic structure of the Indian Constitution, and hence cannot be compromised at any cost, 4 is agreed upon. But, is the primacy of the judges in judicial appoi...

NEWS High Court of Judicature at Allahabad | Image Source: fb.com/allahabadhighcourt ( here )   Allahabad High Court on Thursday, 26.02.2019, delivered the much-awaited judgment which was reserved on 06.12.2018. A bunch of PILs were filed challenging the State Government decision of changing the name from Allahabad to Prayagraj. The PILs were contended primarily on (i) Challenging the Notification No. 1574/1-5-2018-72/2017-Rev-5 dated 18.10.2018 issued by the State Government in exercise of powers under sub-section (2) of Section 6 of UP Revenue Code, 2006 (UP Act No.8 of 2012) whereby the name of the existing district of "Allahabad" has been altered as the district of "Prayagraj", and f or other ancillary reliefs and, (ii) Challenging the resolution dated 18.08.2018 passed by the Municipal Corporation, Allahabad whereby it was resolved to forward a proposal to the State Government for change of the name of Allahabad to Prayagraj. A bench comprising ...

INTRODUCTION An interim measure of protection (hereinafter 'interim relief') by the court plays a very vital role in safeguarding the rights of a party before or during or after the arbitral award but before enforcement application u/s. 36 of the Arbitration and Conciliation Act, 1996 (hereinafter 'Arbitration Act'). An interim relief shields the subject-matter of the dispute till application for enforcement of an award. Often it has been observed that the defaulting party also poses the risk of dissipating assets after the dispute arises between the parties. To secure the final relief, an interim relief becomes indispensable. Otherwise, it will defeat the whole purpose of an arbitral tribunal. Because, even if a party gets an award, there should be something left to satisfy the claims. Therefore, an aggrieved party should ensure the outcome of an arbitral tribunal by filing an interim relief in a timely manner. A comprehensive view of interim relief/protection ha...