Arbitration Law Practice

ARBITRATION LAW BLOG

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Arbitration & Conciliation Act 1996 (with 2016 Amendments) | Amendment 2019

Mr. Nikhil has been practising arbitration for a decade and has not only represented his clients before sole arbitrator or panel of arbitrators but has also been conducting some arbitration proceedings as arbitrator. He believes that arbitration is faster, more convenient and cost-effective than court litigation. The Nikhil Kumar & Associates, Advocates High Court Allahabad has considerable experience in dealing with the provisions of the Arbitration and Conciliation Act 1996 (“Arbitration Act”). We serve clients in arbitration cases, as we:

  • Issue legal notice, on behalf of one of the parties to an arbitration agreement, to the defaulting party invoking arbitration clause and calling for arbitration as per the terms of the contract.

  • File Objection u/s 8 of the Arbitration Act before the Civil Court or High Courts from the side of the defendant/ respondents for referring the matter to arbitration as per the arbitration agreement between the parties.

  • File Application  u/s 9(1)  of the Arbitration Act before the Allahabad High Court for interim order in international commercial arbitration matters.

  • File Application  u/s 9(1) of the Arbitration Act before the Civil Court for interim order in domestic arbitration matters. These application for interim relief are filed before above courts:
    • for the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings; or
    • for an interim measure of protection in respect of any of the following matters, namely:—
      1. the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement;
      2. securing the amount in dispute in the arbitration;
      3. the detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration, or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or authorising any samples to be taken or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence;
      4. interim injunction or the appointment of a receiver;
      5. such other interim measure of protection as may appear to the Court to be just and convenient,

and the Court shall has the same power for making orders as it has for the purpose of, and in relation to, any proceedings before it.

  • File Application before the Hon’ble High Allahabad u/s 11(4), 11(5) or 11(6), as the case may be, of the Arbitration Act 1996 for appointing arbitrator in case the parties fail, arbitrators fails to appoint third arbitrtor or if in case the terms of the arbitration agreement demand same, etc.

  • Participate in Arbitration proceeding between parties as lawyer to one of the parties in representative capacity as its advocate.

  • File application u/s 27(1) of the Arbitration Act before the a Civil Court/ Criminal Court for assistance in taking evidence. The parties may file such application only after taking prior leave from the arbitration tribunal/ arbitrators. Such applications specify— (a) the names and addresses of the parties and the arbitrators; (b) the general nature of the claim and the relief sought; (c) the evidence to be obtained, in particular,— (i) the name and address of any person to be heard as witness or expert witness and a statement of the subject-matter of the testimony required; (ii) the description of any document to be produced or property to be inspected. (3) The Court according to its rules on taking evidence executes the request by ordering that the evidence be provided directly to the arbitral tribunal.

  • File Application u/s 34 for setting aside arbitral award before the District Judge in any District Court of Uttar Pradesh. Limitation 3 Months, from the date on which the party filing such application had received the arbitral award or corrected arbitral award. Beyond 3 Months, delay of only 30 days can be condoned by the court.

  • File Arbitration Execution case before the Civil Court for the enforcement of award like a decree of civil court. Section 36 of the Arbitration Act.

  • File appeal before the Allahabad High Court (u/s 37) against order of Court refusing to refer the parties to arbitration under section 8 of the Arbitration Act;
  • File appeal before the Allahabad High Court against the order of Civil Court granting or refusing to grant any measure under section 9 of Arbitration Act;

  • File appeal before the Allahabad High Court against the order of District Judge setting aside or refusing to set aside an arbitral award under section 34 the Arbitration Act;.

  • File appeal before the Allahabad High Court against an order of the arbitral tribunal where it rules as to the question of its own jurisdiction the Arbitration Act;.

  • File appeal before the Allahabad High Court against an order of the arbitral tribunal granting or refusing to grant an interim measure under section 17 the Arbitration Act.

  • Beside all above Mr. Nikhil Kumar also acts as Arbitrator on being appointed by the parties in writing.