Madras HC: Repeated Remand Orders U/S 37 A&C Act are Unworkable Without Reversing Merits  ||  Delhi High Court: Unproven Immoral Conduct of a Parent Cannot Influence Child Custody Decisions  ||  Delhi High Court: Counsel Cannot Treat Passovers or Adjournments as an Automatic Right  ||  Delhi HC: Landlord’s Rent Control Act Rights Cannot be Waived by Contract With Tenant  ||  Bom HC: Arbitrator Who Halts Proceedings over Unpaid Revised Fees Effectively Withdraws From Office  ||  SC Holds That if Some Offences Are Quashed On Compromise, The FIR Cannot Continue For Others  ||  SC Holds That Prior Opportunity to See Accused Can Render Test Identification Proceeding Unreliable  ||  Allahabad HC: Employees of Constituent Institutions are not Entitled to Central University Benefits  ||  Calcutta High Court: Juvenile Accused Eligible to Apply for Anticipatory Bail under Section 438 CrPC  ||  J&K & L HC: Departmental Proceedings Not Halted by Pending Criminal Case Without Showing Prejudice    

Luxmi Township Limited v. Asif Iqbal Hussain and Ors. - (High Court of Calcutta) (11 Aug 2015)

Opposing an interim injunction does not necessarily constitute submitting a first statement on the substance of the dispute

MANU/WB/0640/2015

Arbitration

Waiver of a right by a party to enforce the arbitration agreement must be gathered from the facts and circumstances of the case. The Court noted that though the Petitioner had filed a written objection to an injunction application by the Respondent, its application for arbitration could not be dismissed. The disclosure of a defence opposing a motion for interim injunction did not mean that the party had filed its first statement on the substance of the disputes. It opined, Courts must determine if by filing its pleadings a party has 'clearly and unambiguously waived its right to seek arbitration'.

Relevant : Section 8 Arbitration and Conciliation Act, 1996 Act Sukanya Holdings Pvt. Ltd. v. Jayesh H. Pandya reported in MANU/SC/0310/2003 Chloro Controls (I) P. Ltd. v. Severn Trent Water Purification Inc. reported in MANU/SC/0803/2012 Booz Allen and Hamilton Inc. v. SBI Home Finance Ltd. Reported in MANU/SC/0533/2011

Tags : ARBITRATION   WAIVE   RIGHT   FIRST STATEMENT  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved