Last Updated August 23, 2018

Law and Practice

Contributed By S&R Associates

Authors



S&R Associates is a full-service law firm with offices in Mumbai and New Delhi providing clients nationwide and internationally with a full range of services. S&R’s practice areas include litigation and arbitration; mergers and acquisitions; private equity; capital markets; banking, finance and restructuring; competition; regulation; and general corporate. Lawyers have represented clients on complex arbitration disputes, including in relation to: investor-state arbitration and bilateral investment treaty claims; disputes arising from joint-venture and shareholder agreements; oil and gas disputes; construction and infrastructure disputes; disputes in relation to commodities trading; and general commercial disputes. The firm has extensive experience in institutional and ad hoc arbitration and acts in a range of commercial disputes, both multi-jurisdiction and domestic. S&R has advised on ad hoc proceedings under the Arbitration and Conciliation Act, 1996 and institutional arbitration under, among others, the rules of the International Chamber of Commerce, the London Court of International Arbitration, the Singapore International Arbitration Centre, the American Arbitration Association, the International Centre for Dispute Resolution and the Hong Kong International Arbitration Centre. The firm also advises and represents clients in award enforcement proceedings in India.

Section 34 of the Act which provides grounds to challenge an arbitral award is a provision from which parties to an arbitration agreement providing for arbitration seated in India cannot derogate. Accordingly, parties cannot, by agreement, exclude the grounds available under Section 34 to challenge an award. However, Section 34(2)(v) of the Act permits a court to set aside an award upon proof that the composition of the arbitral tribunal or the arbitral procedure adopted by the arbitral tribunal was not in accordance with the agreement of the parties. Accordingly, under this provision, additional grounds to challenge an arbitral award may become available to the extent that parties have agreed an arbitral procedure or requirements for the composition of the arbitral tribunal and that agreement of the parties is not followed.

S&R Associates

64, Okhla Industrial Estate Phase III
New Delhi 110 020
India

+91 11 4069 8000

+91 11 4069 8001

ndixit@snrlaw.in www.snrlaw.in
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Authors



S&R Associates is a full-service law firm with offices in Mumbai and New Delhi providing clients nationwide and internationally with a full range of services. S&R’s practice areas include litigation and arbitration; mergers and acquisitions; private equity; capital markets; banking, finance and restructuring; competition; regulation; and general corporate. Lawyers have represented clients on complex arbitration disputes, including in relation to: investor-state arbitration and bilateral investment treaty claims; disputes arising from joint-venture and shareholder agreements; oil and gas disputes; construction and infrastructure disputes; disputes in relation to commodities trading; and general commercial disputes. The firm has extensive experience in institutional and ad hoc arbitration and acts in a range of commercial disputes, both multi-jurisdiction and domestic. S&R has advised on ad hoc proceedings under the Arbitration and Conciliation Act, 1996 and institutional arbitration under, among others, the rules of the International Chamber of Commerce, the London Court of International Arbitration, the Singapore International Arbitration Centre, the American Arbitration Association, the International Centre for Dispute Resolution and the Hong Kong International Arbitration Centre. The firm also advises and represents clients in award enforcement proceedings in India.

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