tag:blogger.com,1999:blog-3202774368551476669.post8998363496870665199..comments2023-09-15T16:21:31.980+05:30Comments on INDIAN CORPORATE LAW: Corporate Law and ArbitrationUmakanth Varottilhttp://www.blogger.com/profile/12438677982004444359noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-3202774368551476669.post-91856305712255062762012-04-18T13:37:07.020+05:302012-04-18T13:37:07.020+05:30Is it possible to alter the arbitration agreement ...Is it possible to alter the arbitration agreement after commencement of proceedings under Section 21 of the A&C Act?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3202774368551476669.post-25538753571220936972012-02-13T08:28:32.796+05:302012-02-13T08:28:32.796+05:30@Renu Gupta>
MY COMMENTS (impromptu)
On the ...@Renu Gupta><br /><br /><br />MY COMMENTS (impromptu)<br /><br />On the first blush, the sum and substance of the idea newly mooted (poser), as per one's quick understanding, seems to be this: -<br /><br />Whether or not it could be assistance and useful guidance, to litigating public, particularly those resorting to arbitration, instead of to courts, if, just as 'court case law' (that is, what court has held on any given point of issue), 'arbitration case law' as well were to be made available in public domain.<br /><br />The idea / poser , no doubt, prima facie, sounds so inducing or inspiring as to provoke anyone to give more thoughts to the suggestion.<br /><br />However, in my view, even before venturing or deciding to do so, one ought not to ignore or bypass an important clinching aspect, from the point of view of litigant, namely, -<br /><br />its potentials for giving rise to more complications in the matter of resolving any point of dispute in a given case; and the likely result of vexatious prolongation / proliferation of litigation.<br /><br />For exploring this clinching aspect, there is need to be specially focused on and take into due consideration the past experience wrt 'court case law'.<br /><br />To be precise, what calls for an in-depth consideration is, whether it would at all be prudent to proceed on the premise that,-any previous court ruling (s)in a given case (graphically denoted -'precedent') has been truly helpful , that too as a foolproof orb profoundly useful guidance, for deciding any issue in later cases.<br /><br />In this context, I have in mind, my personal reservations (aired through comments on previous occasions, through this site), on the so called concept of 'precedent' . Of course, this is essentially a matter fit to be explored by those eminent legal luminaries, but in the light of experience on the helpful role of 'precedent', in court practice.vswaminoreply@blogger.comtag:blogger.com,1999:blog-3202774368551476669.post-84676281840169337412012-02-13T04:00:43.856+05:302012-02-13T04:00:43.856+05:30LCIA has recently published some of its decisions ...LCIA has recently published some of its decisions - LCIA Court decisions on arbitrator challenges between 1996 and 2010 (Arbitration International, vol. 27, no. 3, 2011).<br />This is meant to serve purpose akin to precedents and provide useful guidance to parties.Renu Guptahttps://www.blogger.com/profile/13605419535223237023noreply@blogger.com