I Introduction The internationalisation of sports has resulted in making it a huge industry and has also, owing to globalisation and commercialisation of sports in general, led to the integration of sports and law. The sports industry has witnessed huge growth in a short span of time, which has completely transformed the nature of the …
On January 29, 2022, BW Legal World’s—Top 30 Under 30 Lawyers and Legal Influencers have been announced. We are delighted to share that Ms Kanika Arora who has been entrusted with the duties to head as Partner-in-charge of the Delhi office of Advani Law LLP has been recognised as top 30 Under 30 Lawyers and …
Under the supervision and leadership of its Founder and Chairman, Mr. Hiroo Advani, Advani & Co. has witnessed a successful trajectory in the field of international as well as domestic arbitration law for over four decades. As a next step in its course of success and standing, Advani & Co. has now rebranded itself as Advani Law.
Arbitration clauses by its very nature envisages reference of all disputes governed under the auspices of an Arbitration Agreement to be resolved vide Arbitration by reference of the parties to the Contract
In an age of increased cross-border investment, transaction and trade, modern-day commercial contracts incorporate Arbitration clauses as an efficient means of resolving disputes in a time-bound manner. Despite its benefits, Arbitration proceedings can be expensive and is not an economical means of resolving petty disputes.
Many construction contracts require the contractor to enter into an agreement with a subcontractor for a specialised task of the contractor’s scope of work. The subcontractor can be either selected by the contractor or the employer of the contractor.
Overview In recent years, Asia has very much embraced international arbitration. And yet, it is often suggested that this is international arbitration, with Asian characteristics. How true is this? What peculiarities of arbitrating in Asia do international and Asian parties need to bear in mind? In this session, experienced arbitration professionals across the region …
Continue reading “Arbitration in Asia: Practical tips from across the region”
The Arbitration and Conciliation Act, 1996 (the A&C Act) is based on the 1985 UNCITRAL Model Law on International Commercial Arbitration, the enactment of the A&C Act signified the inception of the effort being made by the Indian legislature to bring India closer to the modern and pro-arbitral renaissance that was being spearheaded by the western world. Section 16 of the A&C Act embodies the sacrosanct doctrine of kompetenz-kompetenz which gives primacy to the Arbitral Tribunal to rule on its own jurisdiction including objections pertaining to the existence or validity of the arbitration agreement.
Anti-arbitration injunctions are reliefs that can be sought from civil courts to restrain parties
that are signatories to arbitration agreements from initiating or continuing arbitral
proceedings. An anti-arbitration injunction is often resorted to by parties before the
commencement of the arbitral proceedings in order to prevent any delay in the resolution of
disputes or to prevent unnecessary wastage of costs when there is defect that goes to the root
of underlying arbitration agreement.