Therefore, all arbitration proceedings in India would be governed by Part I, regardless of the nationality of the parties. Thus, Part I can be more comprehensive and contains comprehensive provisions based on the standard law. Second, the Supreme Court of India in the case of Shreejee Traco (I) Pvt Ltd vs. Paperline International Inc2, where the court refused to exercise jurisdiction over the appointment of an arbitrator in an arbitration at sea. One of the direct consequences of the decision was that Indian courts must first ascertain whether they have international jurisdiction. Arbitration is the means by which parties to the dispute are treated in the same way by the intervention of a third party, without reaching a court of law. Rather, however, it is a fiction, because the court may have to intervene, or parties that may be in court, from the first phase of arbitration. If two individuals agree to have their disputes resolved through arbitration, what they really mean is that the actual decision of the dispute is by a third party appointed as an arbitrator, although the court may have to intervene to settle the arbitration or to give a sanction of right to the arbitrator`s award. The right to arbitration is based on the principle of withdrawing litigation from ordinary courts and allowing the parties to substitute for a national court. Halsbury defines arbitration as a reference point for disputes or disputes between no less than two parties, to determine, after hearing from both parties, by judicial means by a person or any person other than a jurisdiction, whether the jurisdiction is competent.
The Court has the power to take interim measures in the same way that it makes orders in a civil action suspending the suspension or suspension of arbitration proceedings during the period during which the request for interim measures is pending. It should be noted that the application for referral may be made before the commencement of the arbitration process, subject to the satisfaction of the Tribunal, that there is a valid arbitration agreement and that the applicant intends to settle the dispute through arbitration. The Court may also order facilities and interim measures in the case of international commercial arbitration, where the place of arbitration is located outside India.
- Posted by wbase
- On 13 abril, 2021
- 0 Comments