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Indian Laws - Highlights / Catch Notes

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The legality and validity of the termination of arbitral ...

Case Laws     Indian Laws

May 18, 2024

The legality and validity of the termination of arbitral proceedings u/s 32(2)(c) of the Arbitration and Conciliation Act, 1996 - The Supreme Court found no evidence of Sheil's abandonment of the claim. Regular participation in Marico's proceedings and absence of simultaneous scheduling were noted. - The Tribunal's duty to schedule hearings and manage proceedings was highlighted, and the mere absence of a party from a hearing does not imply abandonment or justify termination of proceedings. - The Supreme Court upheld the High Court's decision, reinstating the arbitration proceedings and emphasizing the need for an active role by the Arbitral Tribunal in managing the process.

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