The Centrotrade Conundrum: To Allow or Not to Allow Appellate Arbitration in India
Article from: TDM 5 (2011), in Resolving International Business Disputes by ADR in Asia
The article discusses the issue of whether an appellate arbitration clause is valid in India under the new The Arbitration and Conciliation Act of 1996. A comparison has also been drawn with the old Arbitration laws in India and the worldwide position on Appellate Arbitration. The problems regarding the nature of the appellate award and its enforcement have also been extensively dealt with. The analysis has been made in the light of the case of Centotrade Minerals and Metals v. Hindustan Copper Ltd. 2006 (11) SCC 245 where the Supreme Court of India was divided in its ...