Q: Which is international arbitration in India ?

Ans: DIAC i.e., Delhi International Arbitration Centre is the centre to appoint arbitrators for international commercial dispute. 

Comments

Post a Comment

Popular posts from this blog

Q: What do we mean by Arbitrium est judicium boni viri, secundum ?

Ans: The meaning of Arbitrium est judicium boni viri secundum is that an award is the judgement of a good man ,according to justice.  Or  In accordance with justice, an award is the judgement of good man. It is clear that award is nothing but judgement of good man. AEJBVS:  1. Aribitrium est judicium 2. Boni  3. Viri Secundum Arbitration east judiciary  Boney Kapoor  War Secundrabad.  Points to remember:  1. The judgement of arbitrator is an award. An award is the judgement of good man , according to justice.  Arbitrium est judicium  Boni viri secundum (Boni veer secundum) There are two types of award domestic award and foreign award. Domestic award is mentioned under part 1(section 2 to section 43) of Arbitration and Conciliation Act,  1996 whereas Enforcement of foreign award is mentioned under part 2( Section 44 to section 60) of arbitration and conciliation act,  1996.  Part 3( section 61 to section 81 ) of arbitration...
Read more

Q: What is Foreign Arbitration ?

Ans: Foreign awards are granted in foreign countries for any dispute referred to arbitration in international cases and are enforceable in India under the Act. It is divided into two chapters under the Act: The New York Convention The Geneva Convention    When both of the parties are foreigners they have mutually agreed to follow rules of a foreign land through arbitration while dealing with legal disputes, it is called foreign arbitration. In such cases, regardless of whether the arbitration takes place in India or or in the other country, foreign arbitration laws are followed. In such arbitration, a "foreign award" is sought to be enforced. For India, when an arbitration proceeding is conducted in a place outside India, it is called foreign arbitration.  Section 44: Foreign award for geneva convention. Foreign award is given in international commercial arbitration.  Section 2(1)(f) and Artilcle 51(d): International Arbitration. 
Read more

Q: What is an award and elaborate review, revision and appeal ?

Ans: Award is the final and ending point of the dispute before the arbitral proceedings . It is equal to the judgement or decree of civil court .  Award is the final decree or final judgement of Arbitration Tribunal.   Chapter 6 of Arbitration and Conciliation Act,  1996 explains the provisions about ' Making of Arbitration Award and Termination of Proceedings ' .  This chapter contains sections 28 to 33.  Chapter 7 contains only one section  I.e., section 34 , explains about the provisions regarding ' Recourse against Arbitral Award/ Setting Aside Arbitral Award' in certain circumstances.   Chapter 8 contains two sections namely 35 and 36 , explains the provisions about the finality and enforcement of Arbitral Awards.   Chapter 9 contains only one section i.e section 37 narrates the provisions regarding 'Appeals'.  The Arbitration Act of 1940, which was abolished, provided three ways to challenge an award: modification, remiss...
Read more