Legal Era - Legal Media Group’s Post

𝐒𝐭𝐚𝐲 𝐨𝐟 𝐏𝐫𝐨𝐜𝐞𝐞𝐝𝐢𝐧𝐠𝐬 𝐟𝐨𝐫 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧: 𝐀𝐩𝐩𝐥𝐢𝐜𝐚𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐂𝐡𝐚𝐧𝐜𝐞𝐬 𝐟𝐨𝐫 𝐢𝐭 𝐭𝐨 𝐛𝐞 𝐃𝐢𝐬𝐦𝐢𝐬𝐬𝐞𝐝 𝙗𝙮 𝙉𝙞𝙘𝙤𝙡𝙚 𝙇𝙚𝙚 𝙎𝙞𝙣 𝙔𝙚𝙚 Previously, the grant of a stay of proceedings for arbitration is at the discretion of the Court. Counsels will have to satisfy the judge on the grounds for a stay to be granted. This has changed since the enactment of the Arbitration Act 2005 (‘AA 2005’). Join Lee Sin Yee (Nicole) in this article as she breaks down application for stay of proceedings and court's considerations of arbitration agreements. Read here: https://lnkd.in/d7ZnMHqT #Arbitration #StayOfProceedings #ArbitrationAct2005 #CourtDiscretion #ArbitrationAgreements #DisputeResolution

'Seat of arbitration is the place where arbitral proceedings are anchored'; Delhi High Court rejects petition filed u/s 34 of Arbitration Act Read More Here- https://lnkd.in/ghFgZg5a #ArbitralProceedings #Arbitration #DelhiHighCourt #Jurisdiction #JusticePrateekJalan #Seatofarbitration #Venue #scconline #SCC #legalnews #scconlineblog #legalknowledge #scctimes #legalblog #legalupdates #lawstudent #legalresearch #legalstudies #surestwaytolegalresearch #bringingyouthebestlegalnews

Seat Of Arbitration Not Determined By Formulaic & Unpredictable Application Of Choice Of Law Based On Abstract Connecting Factors To Underlying Contract: SC https://lnkd.in/d9qqbRkC

We are happy to share the blog post of our partners Alexandra Schluep and Roelien Van Den Berg entitled “Multi-Tiered Dispute Resolution Clauses: Can the Agreement to Mediate Prior to Commencing Arbitration Be Binding?” focusing on a recent decision handed down by the Dutch Supreme Court. Thanks to the Kluwer Arbitration Blog for this opportunity. #arbitration #mediation #Netherlands https://lnkd.in/dbUmGTHy

Breaking news: The Bombay High Court has made a significant ruling regarding arbitration laws. Under Section 9 of the Arbitration and Conciliation Act, 1996, the court can now grant interim relief even after an Arbitral Tribunal is constituted, based on the circumstances. #Arbitration #LegalUpdate #BombayHighCourt #AandCAct To view press the icon 👇

Bombay High Court - Division Bench important judgment - Important judgment on the failure of basic process in adjudicating the dispute, manner of drawing conjectural and arbitrary conclusions amounting to patent illegality by the Ld. Arbitrator against the basic notions of justice and the fundamental policy of Indian Law. #bombayhighcourt #arbitration #arbitralaward #patentillegality #legaldeli https://lnkd.in/dhEM8TJs

'Section 34 of Arbitration Act cannot be used as tool for reappreciation of facts': Delhi HC Read More Here- https://lnkd.in/ghct_-TE #DelhiHighCourt #ArbitrationandConciliationAct1996 #JusticeCHariShankar #reappreciationoffacts #Section34ofArbitrationAct #scconline #SCC #legalnews #legalknowledge #scctimes #legalblog #legalupdates #lawstudent #legalresearch #legalstudies #surestwaytolegalresearch #bringingyouthebestlegalnews

[Experts Corner] Resolving Ambiguities: Exclusive Jurisdiction vis-à-vis Seat, Venue and Place of Arbitration by Jeevan Ballav Panda and Satish Padhi Read Full Article Here- https://lnkd.in/gDgKgBp4 [Khaitan & Co] #ExpertsCorner #exclusivejurisdiction #KhaitanandCo #PartyAutonomy #placeofarbitration #Seatofarbitration #VenueofArbitration #scconline #SCC #legalnews #legalknowledge #scctimes #legalblog #legalupdates #lawstudent #legalresearch #legalstudies #surestwaytolegalresearch #bringingyouthebestlegalnews

Happy to have worked with Charlie Morgan and Liz Kantor, and contributed to this post analysing the recent judgment in Abrey v Abrey [2024] EWHC 2689 (Ch), where the English High Court granted an interim injunction, notwithstanding a pending application under section 9 of the #Arbitration Act 1996 to stay the underlying court proceedings in favour of arbitration.  https://lnkd.in/dGBJRRGA 💡 Key takeaway: This case demonstrates that the English court is willing to grant urgent interim relief, even where the parties are disputing the court's substantive jurisdiction to hear the matter. Crucially, the question of whether the claim was to be determined in arbitration did not change the nature of the court's power, whether it was exercised under the Act or under its inherent jurisdiction. For more blog posts on #arbitration, please feel free to visit HSF's 'Arbitration Notes' page: https://lnkd.in/dyA_V4Bu

EWHC partly discharges anti-suit injunction preventing breach of arbitration clause, for lack of jurisdiction. The decision is a good reminder of the jurisdictional hurdles faced by parties seeking relief in the English courts. An excellent summary of the case and the court's findings by Herbert Smith Freehills is below. The judgment can be found here: https://lnkd.in/evYUpXX7 #arbitration #litigation #antisuit