tag:blogger.com,1999:blog-3202774368551476669.post555558058231337731..comments2023-09-15T16:21:31.980+05:30Comments on INDIAN CORPORATE LAW: The Role of the Seat of Arbitration in Implied ExclusionUmakanth Varottilhttp://www.blogger.com/profile/12438677982004444359noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-3202774368551476669.post-48847474661591760522012-08-07T03:27:46.398+05:302012-08-07T03:27:46.398+05:30What case qualifies (v) the designation of foreign...What case qualifies (v) the designation of foreign seat of arbitration simpliciter as an implied exclusion of A&C,1996?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3202774368551476669.post-43338875371360707862011-12-10T22:07:10.147+05:302011-12-10T22:07:10.147+05:30I have not understood that if Indian law, A&C ...I have not understood that if Indian law, A&C Act is the proper law of arbitration, and SIAC Rules constitute the curial law of arbitration, for what rights/remedies would be really look at A&C Act?<br /><br />SIAC Rules, deal with the procedural aspects, such as constitution of the tribunal, as well as the substantive rights, such as interim relief. <br /><br />What role, if any, does A&C Act play as the proper law of arbitration?Renu Guptahttps://www.blogger.com/profile/13605419535223237023noreply@blogger.comtag:blogger.com,1999:blog-3202774368551476669.post-70375240733572713312011-10-07T10:24:25.409+05:302011-10-07T10:24:25.409+05:30It may be interesting to note that the Rule 32 of ...It may be interesting to note that the Rule 32 of SIAC Rules, 2007, which has been relied heavily in this case, and apparently the ratio descendi is based on the said rule, now no more exists in SIAC Rules, 2010. Thus, as per the positive implication of this judgement, it may mean that the Part I will be applicable in the similar facts as of this case.Deepak Kumar Thakurhttps://www.blogger.com/profile/10333802928412359474noreply@blogger.comtag:blogger.com,1999:blog-3202774368551476669.post-50748051468068143022011-10-07T06:50:58.299+05:302011-10-07T06:50:58.299+05:30ARBITRATION - an essentially 'common law conce...ARBITRATION - an essentially 'common law concept' to begin with, but over the times turned into a 'legal concept'><br /><br />As the write-up rightly observes, providing a profoundly 'prophetic' clue to know as to what is in store:<br /><br />" It is becoming increasingly difficult to state with confidence the prevailing position of law in India on a question that should, in principle, have a straightforward answer: in what circumstances will the Indian courts decline to exercise jurisdiction under the Arbitration and Conciliation Act, 1996 [“A and C Act”] and what must a contracting party which wishes to achieve this result insert in its agreement? The Supreme Court's judgment last month in Yograj Infrastructure v Ssang Yong Engineering has added to the difficulty."<br /><br />Reaction:<br />The battle of 'wits' and the ensuing long winding debate in the so called legal circles (having a vested interest in the plethora of issues coming up to surface unwittingly or otherwise, with almost a marked regularity), as may be readily but unmistakably seen or inferred from the write-up below, particularly rdw the preceding ones, is, in the nature of things, bound/could only be expected,- to go on and on and on and on....... with no end or conclusiveness.....<br />The valuable , rather (should one call it,-!) invaluable, contribution the legal circles (minds) are perceived to be determined to make in accomplishing the ultimate goal of, - 'no end' or 'inconclusiveness' is, for obvious reasons, really 'commendable'.vswaminoreply@blogger.com