Arbitration Process And Lawyers

By Author: Dheeraj Kumar
Total Articles: 4
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In a recent Judgment dated 1st of March 2024, in the matter of Arif Azim Co1 , the Supreme Court of India while dealing with an Application under S.11(6) of the Act, seeking to appoint an arbitrator in a matter of International Adhoc arbitration held that the appointing Court has to consider two limitation periods one starting from the date of cause of action till the date of commencement of the arbitration and the 2nd is to be calculated from the date of commencement of Arbitration till the filing of the Section.11 application.

The purpose of the said two limitations is to check if the arbitration commenced within 3 years from the date of cause of action and also find if the application seeking arbitrator was filed within 37 months from the date of commencement of Arbitration. The Court held that there can be two types of objections that can be raised at the stage of 11 (6) of the act, “jurisdictional issues/ objections” and the 2nd objection can be issues like limitation which can be classified as “admissibility issues”.

It was further held that although, limitation is an admissibility issue, yet it ...
... is the duty of the Courts to prima-facie examine and reject the non- arbitrable or dead claims, so as to protect the other party from being drawn into a time consuming and costly arbitration process.

India Arbitration Lawyer:

Being an expert in Arbitration related matters he has handled various High value Arbitrations in India. He has strong exposure to high value construction & infrastructure contract arbitrations, investment arbitrations, service delivery arbitrations, EPC contract related arbitrations etc., He has a strong experience in handling arbitration related litigation like appointment of arbitrators, injunctions, interim orders, reference to arbitration, challenging of arbitral awards, legal opinion and feasibility study on potential arbitration matters etc., in various courts of India. He has also appeared before Adhoc Arbitrators as well as Institutional Arbitrations including Delhi International Arbitration Centre, Indian Council of Arbitration, Indian Merchant Chambers, Nani Palkiwala Arbitration Centre, LCIA India etc., Since he has a strong litigation back ground with understanding of complex business transaction involving technology and business processes. He has a strong network all over India and hence appeared in various litigations seeking appointment of arbitrators, interim injunction cases, bank guarantee cases, applications seeking reference of cases to arbitration, challenging of the jurisdiction of arbitrators, challenging of arbitration awards, execution of arbitration awards, Appeals in Arbitration etc. He has strong expertise in handling India seated International arbitration matters.

Bеcoming a corporatе lawyеr in India is a challеnging yеt rеwarding journеy that rеquirеs a
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Law Senate is an Indian Law Firm specialing in Corporate Dispute Resolution having its Corporate office in New Delhi and Mumbai with partners and associates** Bhiwadi Property