THREADBrowse · 9 entries, read in order

Arbitration and the courts

How much a court may interfere with an arbitration, before the award and after it.

01
Encyclopedia · Principle
Party Autonomy
The parties’ freedom to choose the law, seat, procedure and tribunal, and the mandatory provisions that limit it.
Wanted
02
Encyclopedia · Principle
Minimal Judicial Intervention
Section 5 and the policy that courts keep out of arbitration except where the Act allows.
Wanted
03
Encyclopedia · Concept
Seat and Venue
The juridical seat of an arbitration against the place where hearings happen: why the seat fixes the supervising court.
Wanted
04
Review · Lineage
Foreign-Seated Arbitration, from Bhatia to BALCO
A decade in which Part I applied to arbitrations abroad, its prospective overruling, and the statutory repair.
Wanted
05
Encyclopedia · Test
Public Policy of India
The narrow test for refusing to enforce a foreign award: fundamental policy, the interest of India, and justice or morality.
Wanted
06
Encyclopedia · Test
Patent Illegality
The ground for setting aside a domestic award for illegality on its face, and the limits added in 2015.
Wanted
07
Review · Lineage
Public Policy, from Renusagar to Ssangyong
The expansion of public policy as a ground of challenge to awards and its legislative and judicial rollback.
Wanted
08
Review · Fault Line
Can a Court Modify an Arbitral Award?
Set aside or leave alone: whether section 34 allows a court to vary an award.
Wanted
09
Proposals · Transplant
Appeals on a Point of Law from Awards
A limited appeal to court on a question of law arising from an award, with leave, which parties may exclude.
Wanted

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