Blogs

ARBITRATION

WHY PREFER PRIVATECOURT?

Some human beings can be felicitously considered as weak willed personalities. They are easily moved by the slightest tint of materialistic delights. This originates from insatiable greed. Greed that can sometimes make even the iron willed lose their head. Our one aim in life has always been to find balance and serenity in our lives. A utopian society envisages a vision where people govern themselves. People trust each other blindly. They achieve happiness.

WORLD WITHOUT LAW

WHY PRIVATECOURT?

Courts are important as they help to protect our basic constitutional rights as well as fundamental rights under the law. The cases from both the parties are heard by the judges and this process ensures that all the cases are decided in a fair and consistent manner. They also provide a space to resolve the disputes or the problems so that laws are enforced in a fair and rational manner. It also ensures the equality of the individuals as well as it guarantees liberty, social order and maintains the rule of law.

Oriental Insurance Company Limited v. M/s Narbheram Power and Steel Pvt. Ltd.

In May, 2018 judgment, the Apex Court held that an arbitration clause is required to be strictly construed. Any expression in the clause must unequivocally
express the intent of arbitration.

National Highways Authority of India versus Gwalior Jhansi Expressway Limited (Decision by Hon’ble Supreme Court of India in Civil Appeal No. 3288 of 2018 on 13.07.2018)

Facts:

Solve Your Invoice Dispute Now

In case you're an entrepreneur, unpaid solicitations can be a tedious work and simultaneously be irksome. Notwithstanding, this occupation can turn out to be significantly more disordered if a client debates the receipt. Managing receipt debates can be distressing. Besides, it doesn't fix a business' income issue, rather it puts a great deal of weight and stress in the event that the gathering approaches lawful specialists.

Gujarat High Court says that Indian Parties can choose a foreign seat of Arbitration

“Indian entities / parties have the right to choose an arbitration venue outside of India as a foreign or neutral venue. Such a deal does not violate India's public order,” the Gujarat High Court said in a landmark ruling on Tuesday. The decree puts an end to the issue of foreign seat disputes and the implementation of its award by several agreements.

Antrix vs Devas: Antrix loses $1.2 Billion Arbitration Award to Devas in Washington

The US Court rules that the commercial arm of the Indian Space Research Organisation, the Antrix Corporation has to pay the compensation of $1.2Billion to the Bengaluru’s start-up, Devas Multimedia Pvt Ltd., on Tuesday, for canceling a deal to build and launch two satellites to provide multimedia services via space band spectrum in 2005.

Private arbitration over courts- an increasing clause of airlines to their passengers.

As after the pandemic, the flights have again started to take off, many passengers have begun the bookings to creep up, aviation geeks and others may notice some new legalities in the fine print when they buy plane tickets.

Airlines preferring arbitration over courts to resolve disputes

National Agricultural Cooperative Marketing Federation of India v. Alimenta S.A.

National Agricultural Cooperative Marketing Federation of India (NAFED) and Alimenta S.A entered into a contract for supply of 5000 metric tonnes of Indian HPS groundnut (Commodity) for year 1979–80 on January 12, 1980. According to clause 14 of the contract, prohibition of export by law the contract would be considered as cancelled.