Revisiting the Tussle between the Micro, Small and Medium Enterprises Development Act, 2006 and the Arbitration and Conciliation Act, 1996

April 10, 2023/ Harshit Yagi and Bhanu Pratap Samantaray/ Arbitration Law By Harshit Tyagi, a 3rd-year student of Symbiosis Law School, Nagpur and Bhanu Pratap Samantaray, a 4th-year student of National Law University, Orissa. INTRODUCTION In recent times, arbitration has emerged as a popular mode of Alternate Dispute Resolution (“ADR”). With a notable increase in the number of commercial transactions, both national and international, and growing businesses around the world, parties tend to choose arbitration as…

Unilateral Appointment of Arbitrator vis-à-vis Termination of Mandate

February 9, 2023/ Ashish Kumar and Urja Joshi/ Arbitration Law By Ashish Kumar and Urja Joshi. The authors are students at NMIMS School of Law, Bangalore. The Calcutta High Court (“Cal HC”) recently expounded the scope of Section 14(1)(a) of the Arbitration and Conciliation Act, 1996 (“1996 Act”) in the judgment of Yashovardhan Sinha HUF v. Satyatej Vyapaar Pvt. Ltd.[i] The Section 14 of the 1996 Act is as under: “Failure or impossibility to act.…