"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well." -Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Tuesday, May 31, 2011

"Use of 'London Court' by LCIA India is Wrong": Petition Filed before Delhi HC

Law Et Al, a site that provides law related news, has reported that a petition has been filed on behalf of Association of Indian lawyers (AIL) against the Indian chapter of the London Court of International Arbitration (LCIA). The petitioner's allegations seem to be the following:
  1. By employing the word "London", the arbitration institution is misleading as it indicates that institution is an official court of UK.
  2. Using "court" is misleading as it indicates that the institution is a court of law.
  3. The institution creates a parallel system of administration of justice contrary to the laws of India, which is violative of the Indian constitution.
  4. LCIA has "indirectly introduced" foreign lawyer practice in the garb of arbitration, which is actually prohibited in India.
  5. The arbitrators and the directors of LCIA, who attempt to exercise control over the process of arbitration, are practitioners in the UK
Senior Counsel representing the petitioner is reported by Law et al News to have stated that LCIA has consistently passed awards against Indian parties. Notice has been issued by the Delhi High Court to the concerned.

According to the information available in the website of the Delhi High Court, a civil suit has been filed by the Association of Indian Lawyers for perpetual injunction against the LCIA. The matter was placed before the Delhi High Court for admission/ further directions on 30 May. We'll keep our readers posted.

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