What is Balco case?

What is Balco case?

In BALCO, a two-judge bench of the Supreme Court expressed reservations about the decision in BHATIA and referred the matter to a three-judge bench of the Supreme Court that included the Chief Justice of India. The matter was ultimately referred to a 5 judge-bench.

What is the difference between seat and venue of arbitration?

The seat, all in all, determines “the law that governs the procedural aspect of arbitration” and “the court that would exercise supervisory jurisdiction over the arbitral proceedings”. Venue, however, is a place/location chosen by parties for conducting arbitration hearings.

What is a seat of arbitration?

Definition. 1. Seat of arbitration is a location selected by the parties as the legal place of arbitration, which consequently determines the procedural framework of the arbitration.

What is the significance of Lex Arbitri in international commercial arbitration?

The lex arbitri regulates important matters, including the procedure for the annulment of arbitration awards, the allocation of competence to decide jurisdictional challenges between domestic courts and arbitral tribunals, judicial assistance in relation to the constitution of the arbitral tribunal, the grounds for …

Is BALCO judgment overruled?

The Indian Supreme Court in BALCO has now unequivocally overruled Bhatia and Venture Global on the basis that Part I of the 1996 Act does not apply to foreign-seated arbitrations. This conclusion principally stems from two fundamental propositions that the court underscored in its judgment viz.

What was the clear BALCO?

Victor Conte’s “clear” — the code name for an undetectable steroid at the heart of the BALCO sports-doping scandal — was a drug “made for bodybuilders” that sickened some elite runners without improving their performance, world champion sprinter Tim Montgomery told a federal grand jury.

How is arbitration seat decided?

(a) The parties are free to agree on the seat of arbitration. Failing such agreement, the seat of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties.

What is the procedure of arbitration?

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to an arbitrator or to a tribunal of several arbitrators who give a decision on the dispute that is binding on the parties.

What is Section 9 of arbitration and Conciliation Act?

According to Section 9(1)(i) of the Arbitration and Conciliation Act, 1996, an individual may file an application to appoint a guardian for a minor or for a person of unsound mind for arbitral proceedings.

What does BALCO stand for?

Bay Area Laboratory Co-Operative
BALCO stands for Bay Area Laboratory Co-Operative.

What was BALCO accused of?

Bay Area Laboratory Co-operative (BALCO). Bonds testified before a grand jury that he had never knowingly taken steroids, but accusations of steroid use dogged his pursuit of Aaron’s career home run record, and in 2007 he was indicted for perjury and obstruction of justice regarding his testimony.

What is the next step after arbitration?

Once the arbitrator decides that all of the parties’ evidence and arguments have been presented, the arbitrator will close the hearings. This means no more evidence or arguments will be allowed. The arbitrator will write the award and the AAA® will send that to the parties once it is ready.

What does Lex Domicilii mean?

the law of the domicile
Definition of lex domicilii : the law of the domicile by which the rights of persons are sometimes governed (as where a person dies leaving personal property)

What is section 34 of Arbitration and Conciliation?

Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “1996 Act”) stipulates grounds to challenge the arbitral award made under Section 31. However, the challenge to the award can only be made within limitation period of three months from the date of receipt of the award.

What is the difference between Section 9 and 17 of Arbitration Act?

But, the 2015 amendment ensures that the powers of the arbitral tribunal under Section 17 are aligned with the powers of the court under Section 9 of the act, the tribunal is empowered to grant all measures which can be granted by under section 9(1) of the act.

How did BALCO get caught?

Timeline. August 2002 – Federal agents begin investigating BALCO, a California lab suspected of selling banned performance enhancing drugs to athletes. June 2003 – THE USADA receives an anonymous tip that an undetectable, designer steroid is being distributed by Victor Conte, founder of BALCO.

What is the BALCO case all about?

The BALCO decision came about in the context of several related cases that were referred to a larger bench of the Supreme Court by a 2-judge Bench which was unable to agree on the correctness of the Bhatia decision.

What is the BALCO judgement in Supreme Court?

The BALCO judgement In BALCO, a two-judge bench of the Supreme Court expressed reservations about the decision in BHATIA and referred the matter to a three-judge bench of the Supreme Court that included the Chief Justice of India. The matter was ultimately referred to a 5 judge-bench.

What is the BALCO v Kaiser case?

On 6 September 2012, a 5-judge Constitution Bench of the Indian Supreme Court handed down its decision in BALCO v. Kaiser Aluminum Technical Services Inc.

What was the precursor to BALCO?

The precursor to BALCO in regard to the principal of territoriality was the Bhatia Intenational v. Bulk Trading S.A, (hereinafter referred to as “ BHATIA ”) which ruled in favour of the applicability of Part 1 to even those arbitration proceedings where the seat of arbitration was outside India.

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