By: Shilpa Gamnani – Senior Associate – TMT Law Practice
By: Atmaja Tripathy – Senior Associate – TMT Law Practice
The presentation focused on how to commence arbitration in India, with a focussed discourse on he following aspects: (a) How to draft the perfect arbitration clause? (b) How to set the arbitration into motion and notice requirements under Section 21 of the Arbitration and Conciliation Act, (c) Judicial Intervention prior to commencement of the arbitration – Analysis of Section 8, 9 and 11 of the Act, (d) Reference of Disputes to Arbitration, (e) Factors that a Section 11 Court will consider while appointing an Arbitrator (f)Preliminary Jurisdictional Challenges to the Arbitration under Section 16 of the Act, (g) Concept of Arbitrability of Disputes and Arraying Non- Signatories to Arbitration. The discussion focused on a detailed analysis of precedents and the jurisprudence in the above segments. The presentation briefly captured the impact of Arbitration Amendment Act, 2019 on Section 11 petitions and ongoing arbitrations. Lastly, the session was concluded with certain pointers that parties must necessarily keep in mind to effectively invoke an arbitration and get the benefit of the arbitration proceeding.