Arbitration Law 2

Ans: Any such matter already referred to the arbitration can be entertained by the arbitral tribunal and cannot be referred to civil courts or any other court only if the subject matter is barred under section 8 and is not maintainable under the arbitration . Res Sub judice is a Latin maxim that translates as "under judgement." The rule of the sub judice is based on public policy, which forbids the plaintiff from filing two parallel claims on the same subject matter, limiting the possibilities of two courts issuing contradicting rulings. Section 10 of civil Procedure Code. 

Ans: In India, insolvency disputes are considered non-arbitrable because the resolution of an insolvency dispute involves the rights of third parties. This position has been created through many judicial decisions like Swiss Ribbons Private Limited v. Union of India, P. Anand Gajapati Raju v. PVG Raju and Booz Allen and Hamilton v. SBI Home Finance Limited where the courts have made a distinction between the right in rem and right in personam and decided that insolvency disputes are non-arbitrable. The interplay between insolvency and the arbitration proceedings became more prominent in recent times. This is mainly because of the enactment of the new Insolvency & Bankruptcy Code in 2016 (IBC) which changed the entire regime of insolvency disputes in India.

Ans: The period of limitation shall be- six months, if the offence is punishable with fine only; one year, if the offence is punishable with imprisonment for a term not exceeding one year; three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years. Limitation is mentioned in section 43 of Arbitration and Conciliation Act,  1996. Supreme Court Prescribes three years limitation period for appointment of Arbitrator. The Section 34(3) of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) prescribes a period of 90 days for filing an application to challenge the arbitral award. In a domestic arbitration, Section 29A(1) stipulates a mandatory period of twelve months for the arbitrator to render the arbitral award. Article 116 of Schedule I of the Limitation Act provides a period of 90 days for filing appeals. Article 116 of Schedule I of the Limitation Act provides a period of 90 days for filing appeals.

Ans: There was a requirement of international arbitration for the matters of international dispute and hence international commercial arbitration was introduced by UNCITRAL Model law on international commercial arbitration which was adopted in 1985. The Geneva Convention 1927 and New York Convention 1958 was also introduced for international commercial arbitration. The New York Convention was established as a result of dissatisfaction with the Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927. In international arbitration,  one party must be of foreign country. Bharti International  Vs. Bulk trading,  2002, the honorable Supreme Court held rules against domestic law can be eliminated. Parties outside India will not get interim relief by court except in specific circumstances. Under the Bhatia Regime, all the provisions of part 1 of Arbitration and Conciliation Act , 1996 were to be applicable ...

Ans:  There are two acts i.e., Arbitration Act, 1937 that finds its genesis from the Geneva Protocol, 1923 as well as Geneva Convention, 1927 and similarly, the foreign awards (Recognition and Enforcement) Act, 1961 finds its root in New York Convention, 1958. In accordance with Section 44 of the Arbitration and Conciliation Act, 1996, a foreign award is defined as, “an arbitral award on differences that are related to the matters which are deemed commercial under the Indian law”. The two requirements for an award to be a foreign award are, firstly, it should resolve the discrepancies which result from a commercial legal relationship or a relationship that is considered commercial under the Indian law. Secondly, the country that is issuing the award must be a country that has been designated by the Indian Government as a country in which the New York Convention is made applicable. Hence only such arbitral awards are considered and implemented as foreign arbitral...