Search Results for Tag : Arbitration
Top Story
Global Conference on Strengthening Arbitration and Enforcement in India(21.10.2016)
The National Institution for Transforming India (NITI Aayog) organised a three day Global Conference for strengthening National Initiative towards Str.....
Tags : Conference, Arbitration, Strethening
Cabinet approves Ordinance to set up a New Delhi International Arbitration Centre(28.02.2019)
In order to make India a hub of institutionalised arbitration, Union Government has approved promulgation of an Ordinance for establishing New Delhi I.....
Tags : Arbitration Centre, Ordinance, Approval
New Delhi International Arbitration Centre Bill, 2019 gets Cabinet’s nod(12.06.2019)
The Union Cabinet chaired by Prime Minister approves New Delhi International Arbitration Centre Bill, 2019 (NDIAC) to achieve aim of making India a hu.....
Tags : Arbitration Centre, Bill, Approval
Lok Sabha Passes Arbitration and Conciliation (Amendment) Bill, 2021(12.02.2021)
Lok Sabha Passes Arbitration and Conciliation (Amendment) Bill, 2021 repealing the Arbitration and Conciliation (Amendment) Ordinance, 2020 promulgate.....
Tags : Arbitration Act, Amendment
Blast from the Past
Party partaking in arbitration waives right to object validity(21.02.2002)
By participating in arbitration proceedings without protest, or objection before a court at the initial stage, a party is deemed to have waived its ri.....
Tags : arbitration, jurisdiction, acquiescence, participation, without protest
Notifications & Circulars
Constitution of high level committee to review Institutionalization of Arbitration Mechanism in India(29.12.2016)
Justice Dispensing System in India has come under great stress for various reasons including huge pendency of cases in various courts. The injustice i.....
Tags : Committee, Constitution, Arbitration
Comments invited on the working paper of the high level committee to review the Institutionalisation of Arbitration Mechanism in India by 7 April 2017(16.03.2017)
The Government of India has emphasised the need for promoting arbitration as a preferred dispute resolution mechanism for commercial disputes. Pursuan.....
Tags : Arbitration, Mechanism, Institutionalisation, Review
NITI Aayog Organises Workshop on Best Practices in International Arbitration(10.10.2018)
The NITI Aayog and ICC International Court of Arbitration organised the inaugural Training-cum-Brainstorming Workshop on Best Practices in Internation.....
Tags : Workshop, Best Practices, International Arbitration
De-notification of Arbitration clause in all tariff products under Fire, Motor and Engineering, Workmen's Compensation and other classes of insurance business(23.01.2024)
In exercise of the powers conferred by sub section (1) of section 64 ULA of the Insurance Act, 1938, the Authority hereby de-notifies the Arbitration .....
Tags : Arbitration clause, Insurance business, Denotification
Amendments to the Arbitration and Conciliation Bill, 2015(26.08.2015)
The Union Cabinet approved amendments to the Arbitration and Conciliation Bill, 2015. The changes include having to disclose in writing the existence .....
Tags : Arbitration, bill, 2015, amendments
Ordinances amending arbitration law and creating commercial courts promulgated(23.10.2015)
Continuing with its policy of if you can’t metamorphosise a Bill into an Act use an Ordinance instead, the Union Cabinet approved the promulgation of .....
Tags : Commercial, arbitration, ordinance, high court
Judgments
Opposing an interim injunction does not necessarily constitute submitting a first statement on the substance of the dispute(11.08.2015)
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 .....
Tags : arbitration, waive, right, first statement
Two Indian firms may conduct arbitration outside Country and under a foreign law, if there was an agreement to that effect(24.08.2016)
Disputes arose between Appellant and Respondent. Respondent by its letter purported to terminate AGREEMENT-I. Thereafter, Respondent made a request fo.....
Tags : Jurisdiction, Agreement, Arbitration, Assertion
Once there is an arbitration clause in the agreement, it is obligatory for the court to refer the parties to arbitration in terms of the said agreement(09.11.2021)
The present petition under Article 227 of the Constitution of India impugns the judgment passed by the Additional District Judge, whereby the applicat.....
Tags : Existence, Arbitration clause, Jurisdiction
Arbitration tribunal empowered to recall order ‘in the interest of justice’(08.07.2016)
An arbitration tribunal can exercise its inherent powers to “secure the ends of justice”, the Chhattisdarh High Court said, allowing claims that the t.....
Tags : chhattisgarh, arbitration, order, recall, interest of justice
Merely because an application is filed under Section 34(4) of the Arbitration Act by a party, it is not always obligatory on the part of the Court to remit the matter to Arbitral Tribunal(03.01.2022)
Present appeal is filed, aggrieved by the order passed by the High Court of in Commercial Arbitration Petition. The High Court was of the view that th.....
Tags : Section 34(4) of the Arbitration Act, Arbitral Tribunal
Court can interfere at the referral stage only when it is manifest that the claims are ex facie time-barred and dead, or there is no subsisting dispute(23.11.2022)
In present matter, disputes arose between the Appellant and the Respondents and the Appellant filed an application before the Commercial Court under S.....
Tags : Reference, dispute, Arbitration
Once the seat of arbitration is fixed, the same would be in the nature of an exclusive jurisdiction clause binding the parties to a specific court(26.09.2023)
By way of present petition filed under Section 11(6) and (8) of the Arbitration and Conciliation Act, 1996 (Arbitration Act), the Petitioner seeks app.....
Tags : Appointment, Arbitration, Jurisdiction
Dispute arising under the lease being governed under Transfer of Property Act are arbitrable(18.12.2020)
The Petitioner has instituted present petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitra.....
Tags : Arbitration Clause, Appointment, Arbitrator
Parties to an arbitration agreement have autonomy to decide on both procedural and substantive law(15.12.2016)
In instant case, Parties entered into a contract and disputes arose between them. Contract contained an arbitration Clause and Centrotrade invoked it......
Tags : Arbitration, Procedure, Jurisdiction
Contract must explicitly bar pendente lite interest to prevent arbitral award(16.03.2016)
An Arbitrator cannot award interest pendente lite if the same is barred expressly by contract. The Supreme Court distinguished an explicit contractual.....
Tags : Arbitration, interest, award, pendente lite
Court refutes arguments transposing arbitration clause from pricing clause(01.07.2016)
An arbitration clause can be incorporated in a contract where reference to the same is made as part of the contract, the Madras High Court reiterated......
Tags : arbitration, clause, incorporation, contract
Stalling foreign arbitral award with Indian law rebuked(13.05.2016)
Where parties to a contract choose a seat of arbitration outside India and the law applicable is explicitly not Indian, courts in India do not have ju.....
Tags : Arbitration, abroad, jurisdiction, umpire
Dispute cannot be decided by arbitrator, when Trust Act provides for sufficient remedies to aggrieved persons by giving them right to approach Civil Court(17.08.2016)
In facts of the present case, since parties could not settle disputes/differences and nor could they agree for appointment of arbitrator amicably, Res.....
Tags : Arbitration application, Maintainability, Remedies, Civil Court
Avitel’s petition against arbitral award dismissed(28.09.2015)
The Bombay High Court dismissed Avitel Post Studioz’ petition under the Arbitration and Conciliation Act, 1996 against arbitral awards passed in 2012 .....
Tags : Arbitration, seat, challenge, exclude, jurisdiction
District courts 'principal civil Court' in Bihar(30.07.2015)
The District Court, not the Subordinate court, have original jurisdiction in Bihar for receiving matters under Section 34 of the Arbitration and Conci.....
Tags : arbitration, civil, original jurisdiction
Supreme Court dismisses UoI plea to hear arbitration dispute with Reliance(22.09.2015)
Noting the “valiant attempt to reopen a question settled twice over, that is by dismissal of both a review petition and a curative petition on the ver.....
Tags : Arbitration, jurisdiction
Execution of arbitration of arbitral award impermissible without permission of BIFR(08.09.2015)
Mere violation of Indian law is not sufficient to raise an objection for enforcement of the foreign award under Section 48 of the Arbitration Act, 199.....
Tags : Arbitration, sica, foreign, bifr
News
Delhi HC Agrees to Maintain Confidentiality of Ex- Ranbaxy Promoters in Daiichi Case(04.10.2016)
Delhi HC has allowed application seeking confidentiality of asset declaration made by Malvinder Singh & Shivinder Singh, Ex-Ranbaxy promoters and othe.....
Tags : Delhi HC , Rs. 2562 crore Singapore arbitration award, Ex- Ranbaxy Promoters
Arbitral Tribunal Awards Tata Motors Rs. 326-cr Claim in Dispute with DTC(18.08.2017)
The Arbitral Tribunal has awarded a claim of nearly Rs. 326 crore to Tata Motors Limited (TML) against DTC towards illegally recovered liquidated dama.....
Tags : Tata Motors, Arbitration
3rd Parties to Arbitration Proceeding May Appeal If They Are Affected By Award: Bombay High Court(12.09.2018)
Bombay High Court has held that a third party to an arbitration proceeding has the right to maintain an appeal under Section 37 of the Arbitration and.....
Tags : Bombay High Court, Arbitration
Stamp Duty Not Necessary For Enforcement Of Foreign Arbitration Awards In India: Supreme Court(14.09.2018)
Supreme Court has held that payment of stamp duty under the Indian Stamp Act is not necessary for the enforcement of foreign arbitration awards in Ind.....
Tags : Supreme Court, Stamp Duty, Arbitration
Supreme Court Explains Venue of Arbitration Along With Jurisdiction of High Court(26.07.2019)
Supreme Court has noted that when a place is agreed upon by the parties as the 'venue' of Arbitration, only the High Court having jurisdiction over th.....
Tags : Supreme Court, Arbitration
Supreme Court Explains Whether Arbitration Clause Can be Invoked After Parties Compromise(01.08.2019)
Supreme Court has ruled that when the parties to a contract containing arbitration clause have settled their differences and have arrived at a comprom.....
Tags : Supreme Court, Arbitration Clause
Supreme Court: Arbitration Dispute Can't be Raised After Accepting F&F Payment of Contractual Amount(16.02.2018)
Supreme Court has held that the party should not have been permitted to raise arbitration dispute after accepting full and final payment of the contra.....
Tags : Supreme Court, Arbitration
Supreme Court: Arbitration Award Can be Executed in Court Where Assets Are Located(16.02.2018)
Supreme Court has ruled that an arbitral award can straightaway be filed and executed in the Court where the assets are located, without first obtaini.....
Tags : Supreme Court, Arbitration
SC Junks Singh Brothers’ Appeal Against Rs. 3500-Cr Arbitral Award To Daiichi(17.02.2018)
Supreme Court has rejected the petition filed by former promoters of Ranbaxy — Malvinder Mohan Singh and Shivinder Mohan Singh — challenging the Delhi.....
Tags : Supreme Court, Arbitration
London Court of International Arbitration Issues Second Arbitral Award in Favour of SOCAR(29.01.2021)
London Court of International Arbitration has awarded US$ 63,000,000 in the second proceeding between SOCAR and Palmali under London Maritime Arbitrat.....
Tags : London Court of International Arbitration, SOCAR Group
Singapore International Arbitration Centre Extends Interim Ruling for Amazon-Future Dispute(29.01.2021)
Singapore International Arbitration Centre (SIAC) has extended the interim ruling, which was in Amazon’s favor and valid for 90 days in Amazon-Future .....
Tags : Singapore International Arbitration Centre, Amazon-Future Dispute
Singapore International Arbitration Centre Extends Interim Ruling for Amazon-Future Dispute(29.01.2021)
Singapore International Arbitration Centre (SIAC) has extended the interim ruling, which was in Amazon’s favor and valid for 90 days in Amazon-Future .....
Tags : Singapore International Arbitration Centre, Amazon-Future Dispute
Supreme Court Declares S.4(3)(b) of BPWC Arbitration Tribunal Act Unconstitutional(29.03.2018)
Supreme Court, while holding S. 4(3)(b) of Bihar Public Works Contracts Arbitration Tribunal Act, 2008, unconstitutional, has observed that a provisio.....
Tags : Supreme Court, Arbitration
Supreme Court: Limitation u/s 34 of Arbitration Act Begins From Date of Delivery of Award Copy(30.03.2018)
Supreme Court has reiterated that the limitation period prescribed under Section 34(3) of the Arbitration and Conciliation Act would commence only fro.....
Tags : Supreme Court, Arbitration
CIVIL - Delhi HC Stays Appointment of Custodian of Undertakings of International Arbitration Centre(11.03.2019)
Delhi High Court has stayed order appointing Dr. Rajiv Mani, Joint Secretary & Legal Advisor, Department of Legal Affairs, Ministry of Law & Justice a.....
Tags : Delhi High Court, International Arbitration Centre
Delhi High Court: Scope of Interference with International Commercial Arbitration is Limited(20.01.2020)
Delhi High Court has dismissed a German manufacturer's claim for damages against Bharat Heavy Electricals Limited, India. The Court observed that the .....
Tags : Delhi High Court, International Commercial Arbitration
Allahabad HC: Arbitration Under Highways Act Limited to Independent Determination of Compensation(19.02.2021)
Allahabad High Court has ruled that arbitration under section 3-G (5) of The National Highways Act, 1956 is limited to the determination of the fair a.....
Tags : Allahabad High Court, Arbitration Under Highways Act
Arbitration Amendment Act, SC Says: New S. 36 Apply Even To pending S. 34 Applications(16.03.2018)
SC has clarified that since execution of a decree pertains to the realm of procedure, and that there is no substantive vested right in a judgment debt.....
Tags : Supreme Court, Arbitration
SC: Minimal Interference by Courts in Terms of Section 48 of Arbitration & Conciliation Act, 1996(14.02.2020)
Supreme Court has held that while considering grounds for setting aside a foreign award, Court must warrant minimal interference. The Court has emphas.....
Tags : Supreme Court, Interference by Courts, Arbitration
MP HC: Commercial Matters Involving Arbitration Disputes Can Only Be Heard by Commercial Court(05.03.2021)
Madhya Pradesh High Court has held that Commercial matters involving Arbitration disputes can only be heard by Commercial Court of the status of Distr.....
Tags : Madhya Pradesh High Court, Commercial Matters Involving Arbitration Disputes
SC Suggests Amendments to Sections 11(7), 37 of Arbitration and Conciliation Act(09.03.2021)
Supreme Court has observed that the amendments to Section 11(7) and 37 of the Arbitration and Conciliation Act, 1996 might be necessary so that the or.....
Tags : Supreme Court, Amendments to Arbitration and Conciliation Act
Arbitral Tribunal Holds Zo Rooms Entitled to 7% Shareholding in $9 Billion Valued-Oyo(09.03.2021)
Arbitral Tribunal, in a tussle between Oravel Stays Pvt Ltd (Oyo) and start-up Zostel Hospitality Pvt Ltd (Zostel), has held that Zo Rooms is entitled.....
Tags : Arbitral Tribunal, Oyo-Zostel Arbitration
Parliament Passes Arbitration & Conciliation (Amendment) Bill, 2021 for Automatic Stay on Awards(11.03.2021)
Rajya Sabha has passed the Arbitration and Conciliation (Amendment) Bill, 2021 by voice vote. It seeks to amend the Arbitration and Conciliation Act, .....
Tags : Parliament, Arbitration & Conciliation (Amendment) Bill, 2021
Madras HC: MSMED Act Overrides Arbitration Agreement between Parties(14.04.2022)
Madras High Court has ruled that section 18 of Micro, Small & Medium Enterprises Development Act, 2006 will override the arbitration clause between th.....
Tags : Madras High Court, Ministry of Micro, Small & Medium Enterprises Act, arbitration clause, overriding, non-obstante clause
Delhi HC: Sufficiency of Stamp Duty on Agreement Cannot be Adjudicated u/s 11 of A&C Act(14.04.2022)
Delhi High Court has observed that the Court can’t adjudicate on the issue whether the claims made by the petitioner are barred by limitation while de.....
Tags : Delhi High Court, Section 11 of the Arbitration and Conciliation Act, 1996, arbitration, limitation
Bombay HC: Arbitration Clause in Tax Invoice Does Not Constitute Arbitration Agreement(15.04.2022)
Bombay High Court has held that the arbitration clause in a tax invoice cannot be treated as an arbitration agreement binding on the parties.
Tags : Bombay High Court, Arbitration Clause in Tax Invoice
Orissa HC: Court for Deciding Applications Arising Out of Arbitration Agreement is Commercial Court(15.04.2022)
Orissa High Court has observed that the Court for the purpose of deciding all the applications arising out of the arbitration agreement between the pa.....
Tags : Orissa High Court, Court for Deciding Arbitration Applications, Commercial Court
Chhattisgarh HC: MSME Facilitation Council can Also Administer Arbitration(18.04.2022)
Chhattisgarh High Court has held that the bar under section 80 of the Arbitration and Conciliation Act, 1996 which prevents the conciliator acting as .....
Tags : Chhattisgarh High Court, section 80 of the Arbitration and Conciliation Act, 1996, Ministry of Micro, small & Medium Enterprises
Supreme Court Dismisses Govt.'s Allegation Over RIL Arbitration(23.09.2015)
SC has dismissed Govt.'s allegation of biasness against an arbitrator in an ongoing arbitration to resolve a row with Reliance Industries over Panna-M.....
Tags : SC ,RIL Arbitration ,Panna-Mukta oilfields
Place of Arbitration Doesn’t Ipso Facto Assume Status of Seat: Supreme Court(25.09.2018)
Supreme Court has held that place of arbitration does not ipso facto assume the status of its seat and observed that ‘venue’ cannot be equated with th.....
Tags : Supreme Court, Arbitration
SC: Provisions of Limitation Act Will Apply to Arbitration Proceedings Under MSMED Act(30.06.2021)
Supreme Court held that the provisions of Limitation Act, 1963 will apply to arbitration proceedings initiated under Section 18(3) of Micro, Small and.....
Tags : Supreme Court, Arbitration Proceedings Under MSMED Act
Calcutta HC: Subsequent Agreement Extending Validity Need Not Have Separate Arbitration Clause(25.04.2022)
Calcutta High Court has held that a subsequent agreement entered into between the parties need not contain a separate arbitration clause if it is made.....
Tags : Calcutta High Court, Subsequent Agreement, Arbitration Clause
Madras HC: Arbitration Clause Contained in Partnership Deed Survives Termination of Deed(25.04.2022)
Madras High Court has held that the arbitration clause contained in a partnership deed survives the termination of the deed. The Court held that the c.....
Tags : Madras High Court, Arbitration Clause Contained in Partnership Deed
SC: Arbitral Tribunal Can Grant Post Award Interest Included in Sum of Award(26.04.2022)
Supreme Court has ruled that the Arbitral Tribunal can grant post-award interest on the sum of the award including the interest component. The Court r.....
Tags : Supreme Court, arbitral tribunal, Section 31(7), Arbitration and Conciliation Act, 1996
Supreme Court Announces New Norms for Arbitration Proceedings(08.12.2015)
Supreme Court has announced new norms for hearing arbitration petitions in view of the Arbitration and Conciliation Amendment Ordinance, which came in.....
Tags : Supreme Court, Arbitration and Conciliation Amendment Ordinance
Application Under Order 2 Rule 2 CPC can’t be Considered by Court U/S 11 Arbitration Act: Delhi HC(16.11.2018)
Delhi High Court has held that courts cannot consider the question of viability of a claim under Order 2 Rule 2 of Code of Civil Procedure, while hear.....
Tags : Delhi High Court, CPC, Arbitration and Conciliation Act, 1996
Calcutta HC: Choosing Foreign Law Would Not Exclude Application u/s 9 Arbitration Act(05.08.2021)
Calcutta High Court has ruled that choosing foreign law to govern arbitration would not, by itself, exclude the application of Section 9 of the Arbitr.....
Tags : Calcutta High Court, Foreign Law Governing Arbitration
Delhi HC: Not Necessary to Go Into Merits of Claim/ Counter-Claim for Appointment of Arbitrator(02.05.2022)
Delhi High Court has ruled that in a petition under Section 11 of the Arbitration & Conciliation Act, 1996 for appointment of arbitrator, it is not ne.....
Tags : Delhi High Court, Section 11, Arbitration & Conciliation Act, 1996, counter claim
Madhya Pradesh HC: Court Has Jurisdiction U/S 11 A&C Act to Appoint New Arbitrator(04.05.2022)
Madhya Pradesh High Court has held that once the appointment of arbitrator is void ab initio and the arbitrator is barred by virtue of Section 12 (5) .....
Tags : Madhya Pradesh High Court, Arbitration and Conciliation Act, 1996, Section 12 (5), void ab initio
Calcutta HC: Post-Award Interest is Not Advisory but Mandate of A&C Act(04.05.2022)
Calcutta High Court has held that award of future or post-award interest is not advisory but a mandate of the Arbitration and Conciliation Act, 1996 a.....
Tags : Calcutta High Court, Arbitration and Conciliation Act, 1996, Post-award
Delhi HC: Trademark Disputes that Arises Out of Contractual Rights and Obligations are Arbitrable(06.04.2022)
Delhi High Court has held that all the disputes arising out of the Trade Marks Agreement are not outside the scope of arbitration. The Court opined th.....
Tags : Delhi High Court, Trade Marks Agreement, arbitration, grant, registration, trademarks
Delhi HC: Rules of Arbitral Institution Do Not Determine Place of Arbitration(06.04.2022)
Delhi High Court has observed that the arbitral institution’s rules would not determine the place of the arbitration and only the Courts at the place .....
Tags : Delhi High Court, arbitration, arbitration proceedings, appointment of an arbitrator
SC: Absence of Arbitration Agreement Make Article 137 of Limitation Act Inapplicable to Arbitration(07.04.2022)
Supreme Court has observed that Article 137 of the Limitation Act, 1963 would be inapplicable in arbitration proceedings commenced under Bihar Public .....
Tags : Supreme Court, Article 137 of the Limitation Act, 1963, Bihar Public Works Contracts Disputes Arbitration Tribunal, arbitration proceedings
Delhi HC: Filing Complaint with Unrelated Government Office Does Not Constitute Notice(07.04.2022)
Delhi High Court has observed that mere filing of a complaint with an unrelated government office expressing one's grievance does not constitute a not.....
Tags : Delhi High Court, Section 21 of the Arbitration and Conciliation Act, 1996, government office
Gujarat HC: Dispute Involving Interpretation of Policy Guidelines Can Be Referred to Arbitrator(08.04.2022)
Gujarat High Court has observed that petition for referring to arbitration cannot be disallowed on the ground that the dispute involves interpretation.....
Tags : Gujarat High Court, arbitration, policy guidelines, dispute
Delhi HC: Petition Under Article 227 Based on Violation of Legal Provisions Can't Be Allowed(08.04.2022)
Delhi High Court has ruled that a petition under Article 227 of the Constitution of India, 1949 cannot be allowed against an order passed under Sectio.....
Tags : Delhi High Court, Section 16(3), Arbitration and Conciliation Act, 1996, Article 227, Constitution, Tribunal, Jurisdiction
Bombay High Court: Local Law to Apply When Indian Entities are Party to Arbitration(25.08.2015)
Bombay High Court has ruled that two Indian parties should not put the clauses of foreign law in arbitration, as it is against public policy.
Tags : Bombay High Court ,Arbitration
Oral Evidence in Application to Set Aside Arbitral Award Shouldn’t be Allowed: Supreme Court(21.08.2018)
Supreme Court has held that an application for setting aside an arbitral award will not ordinarily require anything beyond the record that was before .....
Tags : Supreme Court, Arbitration Award
Supreme Court Says 'No' to Insolvency During Pendency of Proceedings Challenging Arbitral Award(21.08.2018)
Supreme Court has held that an insolvency process cannot be put into operation when there is a pending proceeding challenging the arbitral award.
Tags : Supreme Court, Insolvency, Arbitration
Supreme Court: No Appointment of Arbitrator If There is Violation of Conditionality Clause(22.08.2018)
Supreme Court has observed that even after the 2015 amendment which inserted sub-section 6A in Section 11 of Arbitration and Conciliation Act, the arb.....
Tags : Supreme Court, Arbitration
Calcutta HC: Discretionary Scope to Stay Award u/s 19 MSME Act Wider Than u/s 36(3) Arbitration Act(30.03.2022)
Calcutta High Court has held that the scope of discretion upon a Court to stay an award or a decree under Section 19 of the Micro, Small and Medium En.....
Tags : Calcutta High Court, Arbitration and Conciliation Act, 1996, Small and Medium Enterprises Development Act
Delhi HC: Challenge against Appointment of Arbitrator Can't Be Under Section 14 of the A&C Act(04.04.2022)
Delhi High Court has observed that Section 14 of the Arbitration and Conciliation Act, 1996 (A&C Act) does not provide a separate remedy to the partie.....
Tags : Delhi High Court, Section 14 of the Arbitration and Conciliation Act, 1996, appointment of an arbitrator
President Promulgates Constitution of Commercial Courts , Arbitration and Conciliation Ordinanences(26.10.2015)
President has signed ordinances to amend Arbitration and Conciliation Act and bring into force Commercial Courts, Commercial Division and Commercial A.....
Tags : Arbitration and Conciliation Act, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Bill, 2015
SIAC Concludes Hearing on Amazon-Future Dispute, to Deliver Judgment in 1 Month(20.07.2021)
Singapore International Arbitration Centre (SIAC) has concluded its hearing on the plea filed by e-commerce major Amazon against the Rs 24,713-crore d.....
Tags : Singapore International Arbitration Centre, Amazon-Future Dispute
SC: Arbitration Award Which Ignores Vital Evidence in Arriving Decision Can be Set Aside(29.07.2021)
Supreme Court has observed that an arbitration award which ignores vital evidence in arriving at its decision or rewrites a contract is liable to be s.....
Tags : Supreme Court, Arbitration Award
Karnataka HC Observes that High Courts Require Commercial Division for International Arbitration(02.06.2022)
Karnataka High Court has held that for High Courts which do not exercise Original Civil Jurisdiction, Commercial Division comprising of a Single Judge.....
Tags : Karnataka High Court, International Arbitration, Commercial Division
Delhi HC: MoU Arising Out of Agreement Containing Arbitration Clause Can Referred to Arbitration(06.06.2022)
Delhi High Court has held that where a MoU has been signed by the parties under an agreement, arbitration can be sought for breach of the terms of the.....
Tags : Delhi High Court, MoU, Arbitration
Lok Sabha Passes Arbitration and Conciliation (Amendment) Bill, 2019(02.08.2019)
Lok Sabha has passed the Arbitration and Conciliation (Amendment) Bill, 2019. The Bill aims at making India an international arbitration hub by provid.....
Tags : Lok Sabha, Arbitration and Conciliation (Amendment) Bill, 2019
Calcutta HC: Indian Courts Can Grant Anti-Arbitration Injunction Against Foreign-Seated Arbitration(17.08.2020)
Calcutta High Court has ruled that Civil Courts in India do have the power to grant anti-arbitration injunctions against a foreign-seated arbitration,.....
Tags : Calcutta High Court, Anti-Arbitration Injunction
Delhi HC: Provision for Quantum of Damages Under LA Act Would Apply to Arbitrations Under RDP Act(24.05.2022)
Delhi High Court has held that the provisions for the quantum of damages under Land Acquisition Act, 2013 (LA Act) would apply to arbitrations under t.....
Tags : Delhi High Court, Damages, Arbitrations
SC To HCs’: Dispose Sec 11(5) & 11(6) Applications Pending For Over 1 Year Within 6 Months(25.05.2022)
SC while emphasising the need for High Courts to decide applications for appointments of Arbitrators has observed that if the arbitrators are not appo.....
Tags : Supreme Court, High Courts, Arbitration, Appointment
Delhi HC: Waiver Under Section 12(5) of A&C Act has to be by an Express Agreement in Writing(25.05.2022)
Delhi High Court has ruled that any right u/s 12(5) of the Arbitration and Conciliation Act, 1996 that deals with the ineligibility of persons to be a.....
Tags : Delhi High Court, Arbitration and Conciliation, Agreement, Arbitrator
Delhi HC: Plaintiff Not Entitled to Refund of Court Fees when Parties Referred to Arbitration(27.05.2022)
Delhi High Court has held that the plaintiff is not entitled to refund of court Fees when the parties are referred to arbitration under Section 8 of t.....
Tags : Delhi High Court, Court fees, Arbitration
Gujarat HC: Relief Can't be Granted as it Amount to Main Relief in Section 9 Arbitration Application(26.04.2022)
Gujarat High Court has held that once an application under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim measures has been d.....
Tags : Gujarat High Court, Section 9, Arbitration and Conciliation Act, 1996
Delhi HC: Stamp Duty Insufficiency on Arbitration Agreement is Jurisdictional Issue U/S 16 A&C Act(26.04.2022)
Delhi High Court has ruled that the sufficiency of the stamp duty on the arbitration agreement is a jurisdictional issue under Section 16 of the Arbit.....
Tags : Delhi High Court, stamp duty, arbitration agreement, Section 16, Arbitration and Conciliation Act, 1996
Bombay HC: No Bar on Court Exercising Jurisdiction Even When Application U/S 7 of IBC is Filed(27.04.2022)
Bombay High Court has ruled that since application under Section 7 of the Insolvency and Bankruptcy Code, 2016 is filed, which is pending for consider.....
Tags : Bombay High Court, Section 7, Insolvency and Bankruptcy Code, 2016, Section 11, Arbitration and Conciliation Act, 1996
Telangana HC: Parties Cannot be Referred to Arbitration in Absence of Privity of Contract(28.04.2022)
Telangana High Court has observed that in the absence of a privity of contract parties cannot be referred to arbitration.
Tags : Telangana High Court, privity of contract, arbitration
Karnataka HC: Arbitration Relating Third Parties and Leading to Other Proceedings Inarbitrary(29.04.2022)
Karnataka High Court has held that reference of a dispute to arbitration cannot be permitted if it would lead to splitting up of the cause of action a.....
Tags : Karnataka High Court, cause of action, arbitration
SC: Delay in Adjudication of Commercial Disputes Affects Ease of Doing Business(29.04.2022)
Supreme Court has ordered the Chief Justice of Allahabad High Court to prepare a roadmap for early disposal of execution petitions under the Arbitrat.....
Tags : Supreme Court, Allahabad High Court, business, Arbitration Act
International Tribunal Fines Antrix With Rs 4,435cr(01.10.2015)
An international arbitration court has imposed Rs 4,435cr fine on Isro's commercial arm, Antrix, as damages to Devas Multimedia in regard to Devas-Ant.....
Tags : international arbitration court, Antrix,Devas Multimedia
Delhi HC Restrains Vodafone From Seeking Arbitration in Rs 20,000-Crore Tax Dispute Case(23.08.2017)
Delhi High Court has “restrained” Vodafone from going ahead with its arbitration proceedings against India under a treaty with the UK, in the Rs 20,00.....
Tags : Delhi HC, Vodafone, Arbitration
Supreme Court Lists Out Factors to be Considered by Arbitrator While Awarding Interest(12.10.2018)
Supreme Court has listed factors that must be taken into consideration by the arbitrator while awarding interest, observed that discretion of the arbi.....
Tags : Supreme Court, Arbitration
Petition Under Section 34 A&C Act Petition not to be Remanded to Arbitrator for Fresh Decision: SC(16.10.2018)
Supreme Court has reiterated that the court while deciding a petition under Section 34 of the Arbitration and Conciliation Act has no jurisdiction to .....
Tags : Supreme Court, Arbitration
J&K HC Approves Establishment of Court Annexed International Arbitration Centre(21.09.2020)
Jammu and Kashmir High Court has accorded approval to set up the Jammu and Kashmir International Arbitration Centre (JKIAC), annexed to the High Court.....
Tags : Jammu and Kashmir High Court, International Arbitration Centre
Calcutta HC: Section 9 Arbitration Act Will Apply to Foreign Arbitration Unless Expressly Excluded(06.08.2021)
Calcutta High Court has held that choosing foreign law to govern an arbitration would not in itself exclude the application of Section 9 of the Arbitr.....
Tags : Calcutta High Court, Foreign Arbitration
HP HC: Petition U/S 11 of A&C Act Would be Non-Maintainable After Filing Petition U/S 13 of A&C Act(07.07.2022)
Himachal Pradesh High Court has held that a party cannot file a petition under Section 11 of the Arbitration and Conciliation (A&C) Act after it has a.....
Tags : Himachal Pradesh High Court, Arbitration and Conciliation, Jurisdiction
Bombay HC: Petitions on Ground of Exceptional Circumstances by Arbitral Tribunal Not Maintainable(11.04.2022)
Bombay High Court has held that remedy under Section 16 of the Arbitration and Conciliation Act, 1996 lies elsewhere and the petitioners cannot file W.....
Tags : Bombay High Court, Arbitration and Conciliation Act, 1996, Article 226, Article 227, Constitution of India, exceptional circumstances
Bombay HC: Court Does Not Have Adjudicatory Powers Under Section 27 of A&C Act(12.04.2022)
Bombay High Court has observed that the Court under Section 27 of the Arbitration and Conciliation Act, 1996 does not have the jurisdiction to conside.....
Tags : Bombay High Court, Section 27 of the Arbitration and Conciliation Act, 1996, arbitral tribunal
Gujarat HC: There Cannot Be Deemed Waiver of Section 12(5) of A&C Act(12.04.2022)
Gujarat High Court has held that unless the embargo placed under Section 12(5) of the Arbitration and Conciliation Act, 1996 is waived by the parties,.....
Tags : Gujarat High Court, embargo, Section 12(5) of the Arbitration and Conciliation Act, 1996
Bombay HC: Tax Invoices Having Reference to Arbitration, Does not Constitute Arbitration Agreement(13.04.2022)
Bombay High Court has held that acceptance of tax invoices by the opposite party, comprising a reference to arbitration, doesn’t lead to the presumpti.....
Tags : Bombay High Court, tax invoices, arbitration, arbitration agreement
Delhi HC: Claims Raised Before Arbitral Tribunal Cannot be Rejected if Not Mentioned in Notice(13.04.2022)
Delhi High Court has held that it is not necessary that a notice issued under Section 21 of the Arbitration and Conciliation Act, 1996 should quantify.....
Tags : Delhi High Court, Section 21 of the Arbitration and Conciliation Act, 1996, Arbitral Tribunal
Delhi HC: Dispute Arising Between Parties Subsequently Can Be be Proceeded In Separate Arbitration(13.04.2022)
Delhi High Court has held that a successive dispute arising from the same transaction can be referred to a separate arbitration and the arbitration ag.....
Tags : Delhi High Court, arbitration agreement
Supreme Court: Arbitral Award on the Issue of Limitation is an ‘Interim Award’(24.01.2018)
Supreme Court has held that an award delivered by an arbitrator, which decides the issue of limitation, is an interim award, that can be challenged se.....
Tags : Supreme Court, Arbitration
Delhi HC Refuses To Stay Arbitration Against India Govt by Mauritius Company for Refund of 2G License(31.01.2019)
Delhi High Court has refused to stay international arbitration proceedings initiated against Union of India out of a Bilateral Investment Treaty (BIT).....
Tags : Delhi High Court, Arbitration, 2G License fees
Apex Court: Delay of More than 120 Days in Filing Arbitration Appeal not Liable to be Condoned(16.12.2019)
Apex Court has observed that a delay of more than 120 days in filing appeal under Section 37 of the Arbitration and Conciliation Act, 1996 is not liab.....
Tags : Apex Court, Arbitration
SC: Bar U/s 9(3) Arbitration Act Not Applicable Before Constitution of Arbitration Tribunal(15.09.2021)
Supreme Court has observed that the bar under Section 9(3) of the Arbitration and Conciliation Act, 1996 operates only when the application under Sect.....
Tags : Supreme Court, Bar U/s 9(3) Arbitration Act
Bombay HC: Amendment to S.34 Application of A&C Act Not Permissible if it Intends New Challenge(18.07.2022)
Bombay High Court has held that amendment to the application under Section 34 of the Arbitration and Conciliation Act would not be allowed if it leads.....
Tags : Bombay High Court, Arbitration and Conciliation, New Grounds
Kar. HC: Once Right to Refer Dispute to Arbitration is Waived by Party, it Can’t be Reclaimed(19.07.2022)
Karnataka High Court has held that if a right to refer dispute to arbitration is once waived by a party, it can’t be allowed to be reclaimed and hence.....
Tags : Karnataka High Court, Arbitration, Commercial Court
HC can Execute Foreign Arbitration Award Despite Change in Pecuniary Jurisdiction: Delhi HC(04.12.2018)
Delhi High Court has held that jurisdiction to execute foreign arbitration award continues with the high court, despite the change in pecuniary jurisd.....
Tags : Delhi High Court, Arbitration Award, Pecuniary Jurisdiction
SC: Proceedings under Section 34 of Arbitration Act, 1996 not Sustainable Against Foreign Award(30.11.2020)
Supreme Court has noted that the proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 is not maintainable to challenge a foreign.....
Tags : SC, Arbitration
Singapore Arbitration Panel: Future Retail Must Take Part in Arbitration Over Dispute with Amazon(22.10.2021)
Singapore Arbitration Panel has ruled that Future Retail must take part in arbitration over a commercial dispute with Amazon.com Inc, rejecting the In.....
Tags : Singapore Arbitration Panel, Future Retail, Amazon
MP HC: Notice of Proceeding Under Section 11 of The A&C Act is a Mandatory Requirement(01.08.2022)
Madhya Pradesh High Court has held that it is mandatory for a High Court to issue notice of application under Section 11 of the Arbitration & Concilia.....
Tags : Madhya Pradesh High Court, Arbitration & Conciliation, Notice
Delhi HC: Parties Can be Referred to Arbitration Even if Agreement Not Signed by a Party(02.08.2022)
Delhi High Court has held that it is not necessary for the written document to be signed by all the parties, as long as the existence of an arbitratio.....
Tags : Delhi High Court, Arbitration, Signed
If Agreement Has Exclusive Jurisdiction Clause, Courts Cannot Be Approached: Delhi HC(11.12.2017)
Delhi High Court has dismissed an Application filed under Section 11 of the Arbitration and Conciliation Act, 1996, noting that the agreement specifie.....
Tags : Delhi High Court, Arbitration
International Chamber of Commerce Launches Arbitration Rules 2021(16.12.2020)
International Chamber of Commerce (ICC) has come up with new set of Arbitration Rules 2021 ("ICC Rules 2021") which will come in effect from 01st Janu.....
Tags : International Chamber of Commerce, Arbitration Rules 2021
SC: ‘Existence of Arbitration Agreement’ Would Include Aspect of Validity of Arbitration Agreement(16.12.2020)
Supreme Court has held that the expression 'existence of arbitration agreement' in Section 11 of the Arbitration and Conciliation Act, 1996 would incl.....
Tags : Supreme Court, Validity of Arbitration Agreement
Court of Arbitration for Sport Cuts Down Four-Year Ban on Russia from World Athletic Events(18.12.2020)
Court of Arbitration for Sport has cut the four-year ban on Russia competing in international athletic competition because of its state-sponsored dopi.....
Tags : Court of Arbitration for Sports, Ban on Russia from World Athletic Events
SC: Arbitration - 2015 Amendment Won't Apply to Section 34 Applications Filed Prior to It(12.11.2021)
Supreme Court has held that the 2015 amendment to Section 34 of the Arbitration and Conciliation Act 1996 will apply only to Section 34 applications t.....
Tags : Supreme Court, Arbitration - 2015 Amendment
SC: Reference to Facilitation Council Maintainable In Spite of Independent Arbitration Agreement(01.11.2022)
Supreme Court has held that reference made to Facilitation Council is maintainable in spite of an independent arbitration agreement existing between t.....
Tags : Supreme Court, Facilitation Council, Arbitration Agreement, MSME
Supreme Court: Arbitration Rulings Should not be Muddled(19.12.2019)
Supreme Court has observed that arbitration awards should be intelligible, reasoned and adequate, in order to avoid wastage of time for the parties co.....
Tags : Supreme Court, Arbitration
SC: Power of High Courts to Interfere with Arbitration Should be Used Rarely(07.01.2021)
Supreme Court has observed that the power of the High Courts under Article 226/227 of the Constitution of India, 1949 to interfere with an arbitration.....
Tags : Supreme Court, Interference in Arbitration Process
Delhi HC: Non-Signatory Confirming Party to Arbitration Clause, Can Invoke Arbitration(13.10.2022)
Delhi High Court has held that a confirming party to a Contract, who is not bound by the terms of the Contract and on whom no liability is affixed und.....
Tags : Delhi High Court, Confirming Party, Arbitration Clause
Delhi HC: Whether A Claim Is 'Notified Claim' Under Contract; Falls Outside the Scope Of Arbitration(14.10.2022)
Delhi High Court has observed that the dispute whether a claim raised by a party is a 'Notified Claim' under the Contract, which can be referred to ar.....
Tags : Delhi High Court, Notified Claim, arbitration
Delhi HC: Limitation Period for Arbitration Dispute Commences After Pre-Arbitration Mechanism fails(17.10.2022)
Delhi High Court has ruled that the period of limitation for referring the dispute to arbitration would only commence after the internal dispute resol.....
Tags : Delhi High Court, limitation, arbitration, dispute resolution
Delhi HC: Initiation Of Proceedings Under SARFAESI Act Does Not Bar Arbitration Of Disputes(20.10.2022)
Delhi High Court has ruled that the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, .....
Tags : Delhi High Court, arbitration, SARFAESI
ARBITRATION - Pre-Deposit Clauses to Invoke Arbitration Makes Arbitral Process Ineffective: SC(12.03.2019)
Supreme Court has observed that pre-deposit clauses to invoke arbitration would render the arbitral process ineffective and expensive, and also struck.....
Tags : Supreme Court, Arbitration, Pre-Deposit Clauses
COMPANY - Arbitration Tribunal Dismisses Punj Lloyd’s Claim Against ONGC(15.03.2019)
An arbitration tribunal has rejected a Rs. 1,320 crores claim filed by engineering, procurement and construction (EPC) contractor Punj Lloyd against O.....
Tags : Arbitration Tribunal, Punj Lloyd, ONGC
Central Government Introduces Arbitration and Conciliation (Amendment) Bill, 2021(05.02.2021)
Central Government has introduced the Arbitration and Conciliation (Amendment) Bill, 2021 in Lok Sabha to amend the arbitration law to ensure that all.....
Tags : Central Government, Arbitration and Conciliation (Amendment) Bill, 2021
Lok Sabha Passes Arbitration & Conciliation (Amendment) Bill, 2021(15.02.2021)
Lok Sabha has passed the Arbitration and Conciliation (Amendment) Bill, 2021 by voice vote. The Bill seeks to amend the Arbitration and Conciliation A.....
Tags : Lok Sabha, Arbitration & Conciliation (Amendment) Bill, 2021
Del. HC: Can’t Consider Participation in Arbitration Proceedings as Waiver of S. 12(5) A&C Act(09.01.2023)
Delhi High Court has held that applicability of Section 12(5) of Arbitration and Conciliation Act can only be waived off by an express agreement and n.....
Tags : Delhi High Court, Arbitration, Express Agreement, Waive
SC: Limitation U/S 34 A&C Act in Case of Suo Moto Correction of Award is Date of Correction(11.01.2023)
Supreme Court has held that starting point for limitation under Section 34(3) Arbitration and Conciliation Act, in case of suo moto correction of awar.....
Tags : Supreme Court, Correction of Award, Arbitration, Limitation
Supreme Court Rules on Limitation Period for Application to Set Aside Arbitration Award(13.08.2018)
Supreme Court has held that limitation period to make application to set aside arbitral award would start running from the date of disposal of the app.....
Tags : Supreme Court, Arbitration Award
Supreme Court Refuses to Apply 'Group Of Companies' to Implead Foreign Company in Arbitration(03.07.2019)
Supreme Court has declined to invoke the group of companies doctrine to implead a foreign company in an application for appointment of arbitrator for .....
Tags : Supreme Court, Arbitration
Bombay HC: NCLAT Has No Jurisdiction Over Petition Under Arbitration Act(14.04.2021)
Bombay High Court has held that the National Company Law Appellate Tribunal has absolutely no jurisdiction over it in a petition under the Arbitration.....
Tags : Bombay High Court, National Company law Appellate Tribunal, Jurisdiction Over Petition Under Arbitration Act
SC: When Parties Change Venue of Arbitration by Mutual Agreement, New Place is Seat of Arbitration(19.04.2021)
Supreme Court has held that when parties change the 'venue/place of arbitration' by mutual agreement, the new venue/place will become the 'seat of the.....
Tags : Supreme Court, Seat of Arbitration
Gauhati HC Dismisses Appeal Against Order of Trial Court to Condone Delay in Arbitration Appeal(09.02.2022)
Gauhati High Court has dismissed an appeal filed by the Union of India against an order of the trial Court refusing to condone the delay in filing an .....
Tags : Gauhati High Court, Condone Delay in Arbitration Appeal
Del. HC: Objections U/S 47 CPC Can’t Be Considered In Enforcement Petition U/S 36 A&C Act(27.01.2023)
Delhi High Court has ruled that objections available under Section 47 of Code of Civil Procedure, 1908 cannot be considered by a Court at the time of .....
Tags : Delhi High Court, arbitration
Calcutta HC: Arbitration Agreement Not Discharged By Death of Party and Is Enforceable(18.04.2022)
Calcutta High Court has observed that an arbitration agreement will not be discharged by the death of a party and it will be enforceable by or against.....
Tags : Calcutta High Court, arbitration agreement, legal representatives
Madras HC: Writ Petition is Not Maintainable to Enforce Arbitral Award(18.04.2022)
Madras High Court has observed that a writ petition cannot be filed to enforce an arbitral award when an alternative remedy is available under section.....
Tags : Madras High Court, arbitral award, section 36 of the Arbitration and Conciliation Act, 1996
Allahabad HC: Application for Extension of Time for Passing Award Lies Only Before High Court(20.04.2022)
Allahabad High Court has observed that the Court for the reason of an application under Section 29A of the Arbitration and Conciliation Act, 1996 woul.....
Tags : Allahabad High Court, Section 29A of the Arbitration and Conciliation Act, 1996, High Court
Madras HC: Manifest Intention to Arbitrate is Sine Qua Non for Filing Application Under S.9(22.04.2022)
Madras High Court has ruled that manifest intention to arbitrate is a sine qua non for filing an application under Section 9 of the Arbitration & Conc.....
Tags : Madras High Court, Section 9 of the Arbitration & Conciliation Act, 1996, sine qua non, arbitration
Delhi HC: Right of Party to File Counter Claims Exists Independently of Any Liberty(22.04.2022)
Delhi High Court has held that any issue on which the Arbitral Tribunal has the jurisdiction to pass a final award can also be the subject matter of a.....
Tags : Delhi High Court, Arbitral Tribunal, Section 34 of the Arbitration and Conciliation Act
SC: Limited Scrutiny by Court Under S.11 of A&C Act is Necessary And Compelling(11.04.2023)
Supreme Court has held that under Section 11(6) of the Arbitration and Conciliation Act, 1996, Court’s are not expected to act mechanically and observ.....
Tags : Supreme Court, Judicial Scrutiny, Arbitration, Pre-Reference Stage
Allahabad HC Refers Yamuna Expressway Land Acquisition Dispute to Arbitration(04.11.2016)
Allahabad High Court has referred to arbitration a dispute between Yamuna Expressway Authority and JP Infratech Ltd in connection with enhanced compen.....
Tags : Allahabad High Court, arbitration, Yamuna Expressway, JP Infratech
No Single Arbitration Reference For Disputes Arising Out Of Different Agreements :SC(16.10.2017)
Supreme Court has held that there cannot be a single arbitration reference for disputes arising out of different agreements, even if they are inter-li.....
Tags : Supreme Court, Arbitration
Unsigned Arbitration Agreement Not Invalid in All Cases: Supreme Court(05.11.2018)
Supreme Court has held that the only prerequisite for an arbitration agreement is that it should be in writing and it cannot be said that in all cases.....
Tags : Supreme Court, Unsigned Arbitration Agreement
Unsigned Arbitration Agreement Not Invalid in All Cases: Supreme Court(05.11.2018)
Supreme Court has held that the only prerequisite for an arbitration agreement is that it should be in writing and it cannot be said that in all cases.....
Tags : Supreme Court, Unsigned Arbitration Agreement
Unsigned Arbitration Agreement Not Invalid in All Cases:Supreme Court(05.11.2018)
Supreme Court has held that the only prerequisite for an arbitration agreement is that it should be in writing and it cannot be said that in all cases.....
Tags : Supreme Court, Arbitration Agreement
Telangana HC: Delay of 435 Days in Filing Appeal is Too Long to Exercise Discretion(27.06.2022)
Telangana High Court while dismissing an appeal filed after a long delay of 435 days, has held that having regards to the object of the Arbitration an.....
Tags : Telangana High Court, Arbitration and Conciliation Act, Delay
SC: It is Referral Court’s Duty to Decide Issue of Existence and Validity of Arbitration Agreement(17.05.2023)
Supreme Court has held that it is duty of referral court to conclusively decide issue of existence and validity of an arbitration agreement if the sam.....
Tags : Supreme Court, Arbitration Agreement, Referral Court
Madras HC: Section 34 Proceedings Are Summary in Nature; Does Not Permit Additional Evidence(29.04.2022)
Madras High Court has ruled that the challenge proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 are summary in nature, hence.....
Tags : Madras High Court, Section 34, Arbitration and Conciliation Act, 1996, arbitral tribunal
Bombay HC: Agreement on Name of Arbitrator Would Not Amount to Waiver of Notice(02.05.2022)
Bombay High Court has observed that simply because the Arbitration agreement provides for the name of the arbitrator, the same would not amount to a w.....
Tags : Bombay High Court, Arbitration and Conciliation Act, 1996, Section 21, Arbitration agreement
SC Upholds Rejection of S. 8 Application as Reliefs Claimed Fell Outside the Arbitration Clause(03.05.2023)
SC while upholding the rejection of an application filed under Section 8 of Arbitration and Conciliation Act, 1996 observed that the cause of action o.....
Tags : Supreme Court, Arbitration, Section 8 of A&C Act
NCDRC: Presence of Arbitration Clause in Agreement Doesn’t Bar Jurisdiction of Consumer Forum(05.05.2023)
National Consumer Dispute Redressal Commission (NCDRC) has held that consumer court retains the power to handle complaints, even if there is an arbitr.....
Tags : National Consumer Dispute Redressal Commission, Arbitration Clause, Consumer
SC: After Setting Aside Arbitral Award, Court Can’t Grant Relief by Modifying Such Award(10.05.2023)
Supreme Court has observed that in arbitration cases court cannot modify arbitral award after setting aside the same since it closes the door for the .....
Tags : Supreme Court, Arbitration, Arbitral Award, Modify
SC: 2015 Arbitration Amendment Not Applicable If Arbitration Notice was Issued Prior to Amendment(11.05.2023)
Supreme Court has held that in cases where notice invoking arbitration is issued prior to 2015 Amendment Act and application under Section 11 for appo.....
Tags : Supreme Court, Arbitration, Notice, Amendment
Delhi HC: CPC Contemplates Execution of Foreign Decree And Not an Order(21.07.2022)
Delhi High Court has held that remedy before the foreign arbitral tribunal would not be inefficacious when the bulk of the assets of a party are locat.....
Tags : Delhi High Court, Interim Order, Foreign Seated Arbitration
Guj. HC: Party Can Withdraw Consent for Reference To Arbitration Anytime Before Court Acts Upon it(22.07.2022)
Gujarat High Court has held that a party can withdraw its consent for reference to arbitration under Section 89 of Civil Procedure Code anytime before.....
Tags : Gujarat High Court, Consent, Arbitration
SC: Parties Can’t be Referred to Arbitration Against Decision of General Manager on Notified Claims(22.07.2022)
Supreme Court has held that if the decision of a specified authority/General Manager is final and it is decided by it that the claims are not notified.....
Tags : Supreme Court, Notified Claims, Arbitration
SC: There Cannot Be Two Arbitration Proceedings With Respect To Same Transaction(25.07.2022)
Supreme Court has held that when a dispute has earlier been referred to arbitration and an award was passed on the claims made, then it is rightful to.....
Tags : Supreme Court, Arbitration, Claims
Cal HC: Reference to Master Facility Agreement Not Sufficient to Incorporate Arbitration Clause(16.08.2023)
Calcutta High Court while observing that arbitration clause can’t be incorporated by reference without clear intention of parties, has held that a gen.....
Tags : Calcutta High Court, Master Facility Agreement, Arbitration Clause
Del. HC: Generic Exclusive Jurisdiction Clause Can be Overridden by Designated Venue of Arbitration(17.08.2023)
Delhi High Court has held that the generic exclusive jurisdiction clause can be overridden by the designated venue i.e., seat of arbitration as the ge.....
Tags : Delhi High Court, Designated Venue, Arbitration
Delhi HC: Proof Of Injury Necessary For Awarding Damages For Loss of Profits in Arbitration(23.10.2017)
Delhi High Court has held that it is imperative for the claiming party to submit proof of injury suffered in order to successfully claim damages for l.....
Tags : Delhi High Court, Arbitration
Supreme Court: Arbitration Initiated After Imposition Of Moratorium Under IBC is Non Est in Law(03.11.2017)
Supreme Court has held that arbitration proceedings instituted after the imposition of moratorium under Section 14 of the Insolvency and Bankruptcy Co.....
Tags : Supreme Court, Insolvency, Arbitration
SC: Additional Evidence in Proceedings u/s 34 Arbitration Act Can be Adduced Only in Exceptional Case(24.09.2019)
Supreme Court has observed that proceedings under Section 34 of Arbitration and Conciliation Act will not ordinarily require anything beyond the recor.....
Tags : Supreme Court, Arbitration and Conciliation Act
Madras HC: Limitation is an Aspect of Public Policy for the Purpose Section 34 of Arbitration Act(12.08.2022)
Madras High Court has held that limitation is a facet of public policy, and hence, an arbitral award which is incorrect qua limitation is hit by Secti.....
Tags : Madras High Court, Limitation, Public Policy, Arbitration
All. HC: Ineligibility of Arbitrator U/S 12(5) A&C Act Can't Make Arbitration Clause Itself Invalid(08.08.2023)
Allahabad High Court has observed that merely because the person, who could act as an arbitrator in terms of arbitration clause becomes ineligible to .....
Tags : Allahabad High Court, Arbitration Clause, Invalid, Appointment
SC: Court Can’t Modify Award U/S 34 of Arbitration Act(14.08.2023)
Supreme Court while observing that Court’s under Section 34 of the Arbitration and Conciliation Act, 1996 has no power to modify an arbitration award,.....
Tags : Supreme Court, Arbitration, Award, Modify
President Gives Nod to SC and ST (Prevention of Atrocities) Amendment Act and others(08.01.2016)
President has given nod to Arbitration and Conciliation (Amendment) Act; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ac.....
Tags : Arbitration and Conciliation (Amendment) Act; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act; Commercial Courts,Commercial Division and Commercial Appellate Division of High Courts Act; Payment of Bonus (Amendment) Act, 2015
Delhi HC Interprets Amended Provisions of Arbitration Act(09.01.2017)
Delhi High Court has said that changes made in 2015 to Arbitration Act, under which there is no automatic stay on an award being challenged, would not.....
Tags : Delhi High Court , Arbitration Act, amendment
Calcutta HC: Application u/s 9 Of A&C Act Can be Filed Where Part of Cause of Action has Arisen(14.10.2020)
Calcutta High Court has observed that an application under section 9 of the Arbitration and Conciliation Act, 1996 can be filed where a part of the ca.....
Tags : Calcutta High Court, Application u/s 9 of the Arbitration and Conciliation Act, 1996
SC: Arbitration Reference Can be Declined if Dispute Does Not Correlate to Arbitration Agreement(23.09.2021)
Supreme Court has observed that prayer for reference to Arbitration under Section 11 of the Arbitration and Conciliation Act, 1996 can be declined if .....
Tags : Supreme Court, Arbitration Reference
Delhi High Court: Seat of Arbitration Is Decided as Per Arbitration Agreement(27.09.2021)
Delhi High Court has observed that the seat of arbitration is to be decided according to the arbitration agreement between the parties and that the Ru.....
Tags : Delhi High Court, Seat of Arbitration
Delhi HC: In Absence of Anything Contrary, Venue of Arbitration Will be Seat of Arbitration(03.11.2023)
Delhi High Court has held that in absence of anything contrary in the arbitration agreement, the venue of arbitration would actually be the seat of ar.....
Tags : Delhi High Court, Arbitration, Venue, Seat
Delhi HC: Courts Should Rarely Exercise Power to Prevent Arbitration(25.07.2016)
Delhi HC has said that while courts have power to issue injunction against arbitration proceedings, they should use it rarely and said, "Courts need t.....
Tags : Delhi HC , Arbitration
Arbitration: R-Infra Wins Rs. 2950 Cr Arbitration Award Against DMRC Over Airport Metro(12.05.2017)
Reliance Infrastructure (R-Infra) has won a Rs 2,950 crore arbitration award against Delhi Metro Rail Corporation (DMRC) for alleged breach by the lat.....
Tags : Airport Metro, DMRC, Arbitration
Cal. HC: Requirements of S.21 Arbitration Act Must be Complied Before Invoking Jurisdiction U/S 11(03.10.2022)
Calcutta High Court while hearing application under Section 11 of Arbitration and Conciliation Act, 1996 (Arbitration Act), held that since requiremen.....
Tags : Calcutta High Court, Arbitration, Premature
Delhi HC Delineates Circumstances to Invoke Group of Companies Doctrine(11.10.2022)
Delhi High Court has held each Company is a separate legal entity, hence, an agreement entered into by one of the Companies in a group, cannot be bind.....
Tags : Delhi High Court, Group of Company, Arbitration Agreement
Delhi HC: Use of The Word 'Can' in an Arbitration Clause Does Not Render it Ineffective(13.10.2022)
Delhi High Court has held that mere use of the word 'can' in an arbitration clause does not render it ineffective and the intention of the parties to .....
Tags : Delhi High Court, Arbitration, Intention of Parties
SC: 'Group of Companies' Doctrine must be Retained in the Indian Arbitration Jurisprudence(06.12.2023)
Supreme Court has held that the 'group of companies' doctrine must be retained in the Indian arbitration jurisprudence considering its utility in dete.....
Tags : Supreme Court, 'Group of Companies', Arbitration
Delhi HC: Parties Can’t be Referred to Arbitration When Moratorium Issued by NCLAT(23.12.2022)
Delhi High Court has held that moratorium granted by NCLAT after resolution process is initiated against it is akin to an order of moratorium passed u.....
Tags : Delhi High Court, Moratorium, NCLAT, Arbitration, IBC
Delhi HC: Can Refer to Arbitration a Dispute Under ‘Non-Binding Term Sheet’(23.12.2022)
Delhi High Court has held that dispute between parties under an agreement titled as "Non-Binding Term Sheet" can be referred to arbitration, as the ar.....
Tags : Delhi High Court, Arbitration, Non-Binding Term Sheet
Delhi HC: Order Rejecting Appln. for Impleading 3rd Party is Not Interim Arbitration Award(26.12.2022)
Delhi High Court has held that an order of tribunal rejecting the application for impleading a party to arbitration is not an interim award but merely.....
Tags : Delhi High Court, Interim Arbitration Award, Impleading
Bombay HC Makes E-Filing Mandatory for Criminal, Arbitration and Civil Contempt Cases(02.01.2023)
Bombay High Court has made e-filing of new criminal cases, arbitration petitions and civil contempt petitions mandatory from January 9, 2023. E-filing.....
Tags : Bombay High Court, E-Filing, Criminal, Arbitration, Civil Contempt
Delhi High Court: Contractual Clauses and Party’s Conduct Infer Seat of Arbitration(20.02.2024)
Delhi High Court has held that determination of seat of arbitration should be done on the basis of the clauses of agreement and the conduct of parties.....
Tags : Delhi High Court, Seat of Arbitration, Contractual Clauses
Del. HC: Copy of Arbitration Award Must Be Given Only to The Parties And Not Their Agents/Advocates(20.02.2024)
Delhi High Court has held that the term party under the Arbitration and Conciliation Act refers only to the parties themselves and not their advocates.....
Tags : Delhi High Court, Arbitration and Conciliation Act, Arbitration Award
SC: HC Should Be Extremely Circumspect in Interfering With Orders Passed Under Arbitration Act(09.04.2021)
Supreme Court has reiterated that a High Court while exercising jurisdiction under Article 226 and 227 of the Constitution of India, 1949 should be ex.....
Tags : Supreme Court, Interfering With Orders Passed Under Arbitration Act
Karnataka HC: Challenge to Award in International Commercial Arbitration Can be Made Before HC(25.02.2022)
Karnataka High Court has ordered that in view of Section 2(e)(ii) of the Arbitration and Conciliation Act, 1996 a challenge to an award in an Internat.....
Tags : Karnataka High Court, Challenge to Award, International Commercial Arbitration
Kerala HC: Lacuna in Arbitration Act Needs to be Addressed(09.02.2023)
Kerala High Court while expressing displeasure at the non-execution of an arbitration award that had been pending for over 10 years, has observed that.....
Tags : Kerala High Court, Arbitration, Lacuna
Cal HC: All Unilateral Appointments Not Invalid Unless Appointed Arbitrator Falls Within Schedule 7(15.02.2023)
Calcutta High Court has held that all unilateral appointment of arbitrator are not invalid per se unless the arbitrator’s relationship falls within th.....
Tags : Calcutta High Court, Unilateral Appointments, Seventh Schedule, Arbitration
Cal. HC: Admitting Jurisdiction in Pleading Enough for Express Agreement(16.02.2023)
Calcutta High Court has held that filing of pleadings before arbitral tribunal and agreeing to jurisdiction of the tribunal therein satisfies the requ.....
Tags : Calcutta High Court, Express Agreement, Jurisdiction, Arbitration
Delhi High Court: Not Compulsory to Use the Word ‘Seat’ in an Arbitration Clause(11.04.2024)
Delhi High Court has held that to determine the jurisdiction of the Court having jurisdiction over the proceedings arising out of the arbitration agre.....
Tags : Delhi High Court, Arbitration Clause, Arbitration Agreement
Del. HC: Objections U/S 47 CPC Can’t Be Considered In Enforcement Petition U/S 36 A&C Act(27.01.2023)
Delhi High Court has ruled that objections available under Section 47 of Code of Civil Procedure, 1908 cannot be considered by a Court at the time of .....
Tags : Delhi High Court, arbitration
Madras HC: Non - Signatory Can Be Referred To Arbitration Under ‘Doctrine Of Alter Ego’(27.01.2023)
Madras High Court has held that non-signatories to arbitration agreement can be referred to arbitration by invoking the ‘doctrine of alter ego’ only i.....
Tags : Madras High Court, arbitration, alter ego
Delhi HC: Arbitration Clause Continues To Operate Even After Dissolution Of Partnership(27.01.2023)
Delhi High Court has observed that an arbitration clause contained in a contract executed with a partnership firm, will continue in effect even after .....
Tags : Delhi High Court, arbitration, dissolution, partnership
Bombay HC: Court Not Powerless to Appoint Appropriate Arbitral Tribunal(30.01.2023)
Bombay High Court has held that even if party’s right to appoint its nominee in Arbitral Tribunal is forfeited because it failed to exercise its right.....
Tags : Bombay High Court, Arbitral Tribunal, Arbitration
Kar. HC: Parties Can’t be Forced to Arbitration Proceed. if Not Signatory to Joint Venture Agreement(29.03.2024)
Karnataka High Court has held that if the parties are not signatories to the Joint Venture Agreement then the Court cannot direct them to be parties t.....
Tags : Karnataka High Court, Arbitration Proceedings, Joint Venture Agreement
Cal HC: Agreement’s Certified Copy Attested by Notary Enough to Meet Condition of S. 8(2) of A&C Act(04.04.2024)
Calcutta High Court has held that in order to entertain an application under Section 8(2) of the Arbitration and Conciliation Act, 1996 it would be su.....
Tags : Calcutta High Court, Certified Copy, Original Arbitration Agreement, Notary
Supreme Court: Termination of Arbitration Proceedings Cannot Be Recalled(16.05.2019)
Supreme Court has noted that the termination of Arbitration proceedings by the Arbitrator under Section 32(2) (c) of the Arbitration and Conciliation .....
Tags : Supreme Court, Arbitration
SC: Arbitration Award Fixing Price of Land Can't be Executed Like a Decree(27.04.2020)
Supreme Court has held that an arbitration award fixing the price of the land cannot be executed like a decree for specific performance of sale agreem.....
Tags : Supreme Court, Arbitration Award Fixing Price of Land
SC: Existence of Arbitration Clause Does Not Debar Court from Entertaining Writ Petition(14.05.2021)
Supreme Court has observed that the existence of an arbitration clause does not debar the court from entertaining a writ petition in a contractual mat.....
Tags : Supreme Court, Existence of Arbitration Clause
Del. HC: Arbitration Award Violating Indian Contracts Act is Patently Illegal(15.03.2023)
Delhi High Court while partially set aside an arbitration award that was passed in contravention of Sections 59-61 of Indian Contracts Act (ICA), 1872.....
Tags : Delhi High Court, Contracts Act, Arbitration Award, Violation, Illegal
Del. HC: Participation in Civil Suit Filed by Partner, Not Waiver of Right to Invoke Arbitration(17.03.2023)
Delhi High Court has observed that participation of a party in a civil suit instituted by a partner, would not debar the party from initiating indepen.....
Tags : Delhi High Court, Arbitration, Partner
All. HC: Juris. While Dealing With S.34 App. Can’t be Disputed by Party Filing S.9 App. in One Court(22.05.2024)
All. HC has held that if a party has filed an application under Section 9 of A&C Act, 1996 before one court then objection regarding territorial juris.....
Tags : Allahabad High Court, Territorial Jurisdiction, Arbitration Agreement
SC: To Claim Exclusion of Period When Court Remain Closed, S.34 Appln. Must be Filed Within 90 Days(12.04.2023)
Supreme Court has observe that exclusion of period during which Court was closed from computation of limitation is available only when application und.....
Tags : Supreme Court, Arbitration, Prescribed Period, Limitation
Gau HC: Can’t Condone Delay in Filing Petition U/S 34 A&C Act Beyond 120 Days(17.04.2023)
Gauhati High Court has held that Court cannot condone delay in the filing of the petition under Section 34 of the Arbitration & Conciliation Act beyon.....
Tags : Gauhati High Court, Period of Limitation, Condone Delay, Arbitration
Cal HC: Section 12(5) of A&C Act Not Applicable to Arbitration Commenced Before 2015 Amendment(17.04.2023)
Calcutta High Court has held that Section 12(5) of the Arbitration & Conciliation Act, 1996 would not apply to arbitrations that commenced before the .....
Tags : Calcutta High Court, Arbitration, Amendment, Section 12(5), Retrospectively
SC Disapproves Practice of Filing Applications in Disposed Of SLPs to Side-Step Arbitration Process(21.04.2023)
Supreme Court while expressing disapproval of practice of filing applications in disposed of SLPs in order to side-step the arbitration process, has o.....
Tags : Supreme Court, Applications, SLPs, Arbitration Process
Tel. HC: Existence & Validity of Arb. Agreement Must be Determined u/s 11(6) of A&C Act by Court(24.06.2024)
Telangana High Court has observed that the Court while exercising the jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996 h.....
Tags : Telangana High Court, Arbitration Agreement, S. 11(6) of A&C Act
SC Strikes Down Law Allowing Kerala to Annul Arbitration Clause and Arbitration Awards(05.05.2022)
Supreme Court has struck down the Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998, saying it was “unconstitutional” as it v.....
Tags : Supreme Court , separation of powers, unconstitutional, arbitral awards, arbitration clause
Delhi HC: Weak Financial Condition of Party Cannot be Sole Ground to Deposit Security/Bank Guarantee(09.05.2022)
Delhi High Court has ruled that the weak financial condition of a party cannot be the only ground to direct the party to deposit a security or bank gu.....
Tags : Delhi High Court, bank guarantee, arbitration
Calcutta HC: Order U/S 36 of A&C Act is Interim Order, Can be Modified on Basis of Financial Hardship(10.05.2022)
Calcutta High Court has held that financial hardship and financial indebtedness are sufficient grounds to modify an order passed under Section 36 of t.....
Tags : Calcutta High Court, Arbitration and Conciliation Act, 1996, Section 36, financial hardship, financial indebtedness
Bombay HC: Claim for Recovery of Security Deposit Is Arbitrable U/S 41 SCC Act(11.05.2022)
Bombay High Court has reiterated that where the parties to a Leave and License Agreement are governed by an Arbitration Agreement, determination of th.....
Tags : Bombay High Court, License Agreement, Arbitration Agreement
Delhi HC: Order Terminating Arbitral Proceedings Without Issuing Show Cause Notice Is Unsustainable(12.05.2022)
Delhi High Court has ruled that the Arbitral Tribunal's abrupt issuance of orders terminating arbitral proceedings under Section 25 (a) of the Arbitra.....
Tags : Delhi High Court, Arbitration and Conciliation Act, 1996, unsustainable, Section 25 (a)
Del HC: Invoices Having Arbi. Clauses that Show Mutual Acceptance Can be Inferred as Arbi. Agreement(15.07.2024)
Delhi High Court has held that an arbitration agreement may be inferred directly from the invoices on which actions of the parties are based and which.....
Tags : Delhi High Court, Arbitration Agreement, Mutual Acceptance
Supreme Court Invalidates Sec 87 of Arbitration & Conciliation Act Inserted through 2019 Amendment(28.11.2019)
Supreme Court has struck down Section 87 of the Arbitration and Conciliation Act, 1996 which was inserted through the 2019 Amendment Act passed by the.....
Tags : Supreme Court, Arbitration
International Arbitration Tribunal Directs India to Pay Damages to Cairn in Tax Dispute(24.12.2020)
International Arbitration Tribunal has asked India to pay Rs 8,000 Crores as damages in a tax dispute to the UK oil major Cairn Energy Plc. to rever.....
Tags : International Arbitration Tribunal, Cairn Energy Plc
Del. HC: Can’t Seek Review of S.11 Petition Order on Subsequent Decision(26.07.2023)
Delhi High Court has held that on the basis of Supreme Court decision in N.N. Global Mercantile (P) Ltd. vs Indo Unique Flame Ltd. (MANU/SC/0445/2023).....
Tags : Delhi High Court, Arbitration, Review
Cal. HC: Award Liable to be Set Aside When Arbitrator Fails to Disclose His Appearance for Claimant(31.07.2023)
Calcutta High Court while observing that Arbitration Act cast a continuous duty on arbitrator to remain neutral, has held that award is liable to be s.....
Tags : Calcutta High Court, Arbitration, Disclosure
Del. HC: True Copy of Arbitration Agreement Sufficient for S.11 Petition if Stamp Duty Not Disputed(24.08.2023)
Delhi High Court has held that if the stamp duty of the arbitration agreement is not disputed, the true or certified copy of the agreement containing .....
Tags : Delhi High Court, Arbitration Agreement, True Copy, Stamp
Delhi HC: Recourse to S. 34(4) of A&C Act Cannot be taken to allow Tribunals to Review Awards(24.08.2023)
Delhi HC has held that the recourse to Section 34(4) of Arbitration and Conciliation Act, 1996 (A&C Act), that grants authority to courts to remit arb.....
Tags : Delhi High Court, Arbitration, Review
SC: Can’t Consider Dissenting Opinion as Award in Case Majority Award is Set Aside(25.08.2023)
Supreme Court has held that a dissenting opinion can’t be treated as an award if majority award is set aside, and observed that when a majority award .....
Tags : Supreme Court, Arbitration, Award, Dissenting Opinion
Delhi HC: filing of Written Statement Qua Transaction, Not Imply Waiver of Rights in Arbitration(13.05.2022)
Delhi High Court has ruled that a party cannot be deemed to have waived its right to invoke arbitration merely because it has filed a written statemen.....
Tags : Delhi High Court, arbitration, arbitration agreement
Madras HC: Arbitral Award Rendered Mechanically, Remits Matter Back To Arbitrator(20.05.2022)
Madras High Court while remitting back the matters has ruled that an arbitral award rendered by the District Collector awarding a lower value to the l.....
Tags : Madras High Court, Arbitration, National Highway Act, Arbitral Award
Calcutta HC: No Direction Can Be Passed to Sell Property to Third Party in Section 9 of The A&C Act(20.05.2022)
Calcutta High Court held that no direction can be passed to sell property to third party in Section 9 of the A&C Act. It was held that, to sell the su.....
Tags : Calcutta High Court, Arbitration and Conciliation, Section 9, Property
Delhi HC: Arbitrator Can’t Allow Forfeiture of Consideration Amount Without a Proof of Actual Loss(23.05.2022)
Delhi High Court has held that the arbitrator cannot allow forfeiture of a substantial amount of consideration without the proof of actual loss solely.....
Tags : Delhi High Court, Earnest Money, Arbitration
Jharkhand HC: Registrar of Jharkhand Cooperative Society Not Barred to Act as Arbitrator(23.05.2022)
Jharkhand High Court has held that appointment of arbitrator who is the Registrar of the Jharkhand Cooperative Society, and also The Ex-Officio Direct.....
Tags : Jharkhand High Court, Registrar, Arbitration, Impartiality
President Promulgates Arbitration and Conciliation Ordinance, 2020(04.11.2020)
President of India, Mr. Ram Nath Kovind has promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2020, through which changes have been .....
Tags : President of India, Arbitration and Conciliation Ordinance, 2020
Bombay HC: Contract Discharged by Settlement Can’t be Referred to Arbitration(18.08.2022)
Bombay High Court has held that once a settlement is arrived at by the parties, the contract between the parties stands discharged by mutual agreement.....
Tags : Bombay High Court, Arbitration, Contract, Settlement
Cal. HC: Conduct of the Parties Can't Substitute Arbitration Agreement(22.08.2022)
Calcutta High Court has held that Court while exercising powers under Section 11 of Arbitration & Conciliation Act is bound to examine existence of ar.....
Tags : Calcutta High Court, Arbitration Agreement, Objections
Cal. HC: Intention of Parties to be Deciphered to Decide if Parties Must be Referred to Arbitration(02.08.2022)
Calcutta High Court has held that where arbitration clause between parties provided that "every effort" should be made by them to settle dispute by ar.....
Tags : Calcutta High Court, Every Effort, Arbitration
Delhi HC: Recovery of LD Not Time Barred if Imposition of LD Was Contingent on Extension of Time(02.08.2022)
Delhi High Court has held that arbitrator cannot reject the claim of a party for refund of Liquidated Damages (LD) as barred by time if it was inextri.....
Tags : Delhi High Court, Arbitration, Liquidated Damages
SC: Mere Use of Words ‘Arbitration’ or ‘Arbitrator’ in Clause Won't Make it Arbitration Agreement(04.08.2022)
Supreme Court has held that mere use of the word "arbitration" or "arbitrator" in a clause will not make it an arbitration agreement, if it requires o.....
Tags : Supreme Court, Arbitration, Clause, Consent of Parties
SC Refers the NN Global Judgment to 7 Judge Bench to adjudicate on Correctness of the Judgment(26.09.2023)
Supreme Court has while considering the larger ramification and the view of the majority in N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd......
Tags : Supreme Court, Arbitration, NN Global, Seven Judge Bench
Allahabad HC: Non-Availability of Agreement Not Material if Parties Don’t Dispute its Existence(06.09.2022)
Allahabad High Court has held that an application under Section 8 of the Arbitration and Conciliation Act cannot be rejected merely because the origin.....
Tags : Allahabad High Court, Arbitration, Agreement
Kar. HC: Existence of Arbitration Agreement Can be Presumed if No Denial is Made in Reply(06.09.2022)
Karnataka High Court has held that arbitration agreement is said to exist if the petitioner has asserted its existence in its notice of arbitration an.....
Tags : Karnataka High Court, Arbitration Agreement, Notice
Kar. HC: Section 8 of A&C Act Can't be Invoked Based on a Non-Binding Arbitration Agreement(08.07.2022)
Karnataka High Court has held that since the agreement between the parties provided for a 'non-binding' arbitration, there was absolutely no intention.....
Tags : Karnataka High Court, Intention, Arbitration Agreement
Delhi HC: Subrogation Deed Doesn’t Terminate Right of Assured to Initiate Arbitration(12.07.2022)
Delhi High Court has held that arbitration can be invoked by the insured even after entering into a subrogation-cum-assignment agreement with an insur.....
Tags : Delhi High Court, Subrogation Deed, Arbitration
SC: Counter-Claim Can’t be Rejected Merely Because Claims Weren’t Notified at Pre-Arbitral Stage(13.07.2022)
Supreme Court has held that the counter-claim of a party cannot be dismissed merely because the claims were not notified before invoking the arbitrati.....
Tags : Supreme Court, Counter-Claim, Arbitration
Del HC: Counter-Balancing Not Achieved Where Majority of Tribunal Members Appointed By One Party(12.07.2023)
Delhi High Court has held that where a party is required to appoint an arbitrator from a panel made by the other contracting parties, it is mandatory .....
Tags : Delhi High Court, Tribunal Members, Arbitration
SC: Order Passed Under Public Premises Act Doesn’t Bar Invocation of Arbitration Clause(23.10.2024)
SC has observed that if an arbitration clause is invoked by filing an application under Section 11(6) of the Arbitration & Conciliation Act, 1996 then.....
Tags : Supreme Court, Arbitration Clause, Public Premises
HP HC: No Application of Section 29A of A&C Act on Proceedings Commencing before 2015 Amendment Act(08.11.2024)
Himachal Pradesh High Court has affirmed that Section 29A of Arbitration and Conciliation Act, 1996 shall not apply on arbitration proceedings that co.....
Tags : Himachal Pradesh HC, 2015 Amendment Act, Arbitration Proceedings
Calcutta HC: Arbitration Invoked After Stipulated Period Doesn’t Frustrate Intention to Arbitrate(18.07.2024)
Calcutta High Court has held that if arbitration has been invoked by the parties after the period that is defined in the arbitration clause, it shall .....
Tags : Calcutta High Court, Arbitration, Stipulated Period
J&K HC: Dispute Involving Elements of Criminality Not Automatically Excluded from Arbitration(18.07.2024)
Jammu and Kashmir High Court has held that a dispute that is predominantly civil in nature but has certain elements of criminality, shall not automati.....
Tags : J&K High Court, Elements of Criminality, Arbitration
J&K HC: Dispute Involving Elements of Criminality Not Automatically Excluded from Arbitration(18.07.2024)
Jammu and Kashmir High Court has held that a dispute that is predominantly civil in nature but has certain elements of criminality, shall not automati.....
Tags : J&K High Court, Elements of Criminality, Arbitration
SC: Dispute regarding Discharge of Contract is Arbitrable as per Arbitration Agreement(22.07.2024)
SC has observed that once contract has been discharged by performance, no right to seek performance, or to perform any obligation remains under it but.....
Tags : Supreme Court, Arbitration Agreement, Discharge of Contract
Del. HC: Independent Assessment of Award in Appeal u/s 37 of A&C Act Cannot be Undertaken by Courts(24.07.2024)
Delhi High Court has restated that the role of a court while entertaining an arbitration appeal under Section 37 of the Arbitration and Conciliation A.....
Tags : Delhi High Court, Arbitration Appeal, Independent Assessment
Delhi High Court: Can Include Non-Signatories in Arbitration Beyond Group Company Ties(25.07.2024)
Delhi High Court has held that in an arbitration proceeding, non-signatory can be included if there exists a contractual relationship that makes the n.....
Tags : Delhi High Court, Non-Signatories, Arbitration Proceeding
LCIA Rules Against Djibouti’s Port Company in Dispute with DP World(13.07.2021)
London Court of International Arbitration (LCIA) has ruled against Djibouti’s port company, Port de Djibouti S.A. (PDSA), in its dispute with DP World.....
Tags : London Court of International Arbitration, Djibouti’s Port Company
P&H HC: Matter Can be Referred to Arbitration Under MSMED Act in Absence of Arbitration Agreement(14.06.2022)
Punjab and Haryana High Court has held that even in the absence of an arbitration agreement between the parties, the matter can be referred to arbitra.....
Tags : Punjab and Haryana High Court, Arbitration, MSMED Act
Telangana HC: Application U/S 9 of A&C Act Shall Lie Before Commercial Court if Value More Than 1 Cr(17.06.2022)
Telangana High Court has held that if a dispute under Commercial Courts Act is the subject matter of a domestic arbitration whose value is more than R.....
Tags : Telangana High Court, Commercial Dispute, Arbitration
Del. HC: Remedy of Arbitration Not Excluded from U.P Regulation of Cold Storages Act(13.10.2023)
Delhi High Court has held that Uttar Pradesh Regulations of Cold Storage Act 1976 does not provide any special right, remedy or procedure that cannot .....
Tags : Delhi High Court, Arbitration, Cold Storages Act
SC: Issue of Arbitrability Should be Left to Arbitrator Unless Found That Dispute is Non- Arbitrable(07.11.2022)
Supreme Court has held that while considering application under Section 11(6) of Arbitration and Conciliation Act, dispute with respect to arbitrabili.....
Tags : Supreme Court, Arbitration
Bombay HC: Court Cannot Undertake Independent Assessment of Arbitral Award U/S 37 of A&C Act(04.12.2023)
Bombay HC has held that under Section 37 of Arbitration & Conciliation Act, the challenge must be related to the impugned order passed under Section 3.....
Tags : Bombay HC, Arbitration & Conciliation Act, Section 37, Section 34
SC: For an Arbitration Clause to be Legally Binding it has to be in Consonance with Constitution(07.11.2023)
Supreme Court has held that for arbitration clause to be legally binding it has to be in consonance with “operation of law” which includes the Grundno.....
Tags : Supreme Court, Constitution, Arbitration Clause
Del. HC: Denial of Arb. Agreement in S.21 Notice Doesn’t Entitle Court to Refuse Referral to Arb.(07.11.2023)
Delhi High Court has held that merely because a party denied the existence of an arbitration agreement in reply to Notice under Section 21 of A&C Act,.....
Tags : Delhi High Court, Arbitration, Section 21, Notice
SC: Jurisdiction of High Court Hearing An Arbitration Appeal Is Distinct from First Appellate Court(16.11.2021)
Supreme Court has observed that the jurisdiction in a first appeal arising out of a decree in a civil suit is distinct from the jurisdiction of the Hi.....
Tags : Supreme Court, Jurisdiction of High Court Hearing An Arbitration Appeal
Delhi HC: Use of Word 'Mediation' in Arbitration Clause Does Not Change Character of Clause(07.11.2022)
Delhi High Court has held that arbitration clause would not lose its character merely because the word 'mediation' has been used as its nomenclature a.....
Tags : Delhi High Court, Arbitration, Mediation
Ker. HC: S.5 of Limitation Act Not Applicable to Condone Delay in Filing Plea u/s 34 of A&C Act(22.12.2023)
Kerala High Court has held that Section 5 of the Limitation Act has no application to condone delay in filing a petition for setting aside an arbitral.....
Tags : Kerala High Court, Limitation Act, Condone, Delay, Arbitration
Bom. HC: Remedy Under the SARFAESI Act and A&C Act Work in Tandem(27.12.2023)
Bombay High Court while observing that debt owed to financial institutions under SARFAESI is arbitrable, has held that remedy under the SARFAESI Act i.....
Tags : Bombay High Court, SARFAESI, Arbitration
SC: Modifying an Award u/s 34 and 37 Impermissible under the Arbitration and Conciliation Act, 1996(08.01.2024)
Supreme Court has held that interference with an order u/s 37 Arbitration and Conciliation Act, 1996 can’t travel beyond restrictions laid down u/s 34.....
Tags : Supreme Court, Arbitration and Conciliation, Independent Assessment
SC: Arbitration Clauses in Unstamped Agreements are Inadmissible but not Void(13.12.2023)
Supreme Court 7-judge bench while overruling the 5-judge bench judgment in N.N. Global Mercantile Pvt. Ltd. v. M/s. Indo Unique Flame Ltd. (MANU/SC/04.....
Tags : Supreme Court, Arbitration Clauses, Unstamped Agreements
All. HC: MSMED Act Overrides Arbitration and Conciliation Act 1996(13.12.2023)
Allahabad High Court while observing that private agreement can’t obliterate statutory provisions, has held that once statutory mechanism under Sectio.....
Tags : Allahabad High Court, MSMED Act, Arbitration
Delhi HC: Order by Arbitrator Allowing Meeting at Other Place Will Not Change Seat of Arbitration(08.06.2022)
Delhi High Court has held that order passed by the Arbitrator stating that the arbitral proceedings shall be conducted at any other place would not ch.....
Tags : Delhi High Court, Seat of Arbitration, Arbitral Order
Del. HC: 2019 Amendment to Section 29A of A&C Act Applied to All Pending Arbitrations(03.07.2023)
Delhi High Court while observing that 2019 Amendment to Section 29A of Arbitration and Conciliation Act is procedural in nature, has held that it shal.....
Tags : Delhi High Court, Arbitrations, Amendment
Raj. HC: Can’t Treat Pre-Arbitration Steps Mandatory if they Could Not be Fructified(23.08.2024)
Rajasthan High Court has observed that if the pre-arbitration steps that are mentioned in the agreement could not be fructified, it cannot be said tha.....
Tags : Rajasthan High Court, Pre-Arbitration Steps, Arbitration
HP HC: When S. 29A(4) of A&C Act Applies, Application Under Section 151 of CPC Won’t be Maintainable(28.08.2024)
Himachal Pradesh High Court has held that when a particular provision exists under Section 29A(4) of the Arbitration and Conciliation Act, 1996 for ex.....
Tags : HP High Court, S. 29A(4) of A&C Act, Arbitration Proceedings
SC: Referral Courts at Referral Stage Must Not Venture into Questions Involving Complex Facts(11.09.2024)
Supreme Court has restated that once there is existence of a valid arbitration agreement, then referral courts at referral stage would not be justifie.....
Tags : Supreme Court, Arbitration Agreement, Referral Courts
SC: Non-Signatory Party’s Relationship with Signatory Signify Intention to be Bound by Arb. Agreement(23.09.2024)
SC has stated that mutual intent of the parties, relationship of a non-signatory with a signatory, commonality of subject matter, composite nature of .....
Tags : Supreme Court, Non-Signatory, Arbitration Agreement
DC Federal Judge Refuses To Confirm Arbitration Award To Hardy Oil & Gas(12.06.2018)
United State District Court for the District of Columbia has refused to confirm the arbitration award which would have resulted in Hardy Exploration &.....
Tags : Arbitration
DC Federal Judge Refuses To Confirm Arbitration Award To Hardy Oil & Gas(12.06.2018)
United State District Court for the District of Columbia has refused to confirm the arbitration award which would have resulted in Hardy Exploration &.....
Tags : Arbitration
Bombay HC: Arbitration Clause Cannot be Defeated by Adding Cause of Action Beyond its Scope(13.04.2020)
Bombay High Court has held that a litigant cannot be permitted to defeat an arbitration agreement by adding a cause of action in the suit which is not.....
Tags : Bombay High Court, Cause of Action Beyond Arbitration Clause's Scope
Delhi HC Allows Application to Extend Time for Completion of Arbitration Proceedings(16.04.2020)
Delhi High Court has allowed extension of time in a plea moved under Section 29A(5) of the Arbitration and Conciliation Act, 1996 for concluding the a.....
Tags : Delhi HC, Arbitration
Bom HC: Arb. Clause Can’t be Invoked By Individuals/Minorities Of Housing Society In Dev. Agreement(09.02.2024)
Bombay High Court has held that individual/minority members of society cannot invoke arbitration clauses in development agreements against developer b.....
Tags : Bombay High Court, Housing Society, Development Agreement, Arbitration Clauses
New Rules For Expedited And Cost-Efficient ICC Arbitration In Operation From 1 March 2017(10.03.2017)
International Chamber of Commerce (ICC) has introduced new rules for expedited proceedings that apply to all arbitration agreements entered into from .....
Tags : International Chamber of Commerce, Arbitration
Delhi HC: Order Terminating Arbitration Proceedings Not an Award(15.01.2021)
Delhi High Court has ruled that an order terminating arbitration proceedings under Section 32(2)(c) of the Arbitration & Conciliation Act, 1996 is not.....
Tags : Delhi High Court, Order Terminating Arbitration Proceedings
SC: Section 12(5) Of Arbitration & Conciliation Act is Mandatory & Non- Derogable Provision(22.01.2021)
Supreme Court has observed that the Section 12(5) of the Arbitration and Conciliation Act, 1996 read with the Seventh Schedule, which deals with ineli.....
Tags : Supreme Court, Section 12(5) Of Arbitration & Conciliation Act
Delhi HC: Challenge Against Action Taken by Secured Creditor Won’t Bar Arbitration Proceedings(23.11.2022)
Delhi High Court has held that even if a party intended to take action under Section 17 of SARFAESI Act by filing a petition before Debt Recovery Trib.....
Tags : Delhi High Court, Secured Creditor, Arbitration
Cal. HC: Section 9 of A&C Act Applies to Foreign Seated Arbitration Also(05.12.2022)
Calcutta High Court has held that Section 9 of Arbitration and Conciliation Act is a provision that is in aid of arbitration proceedings in contrast t.....
Tags : Calcutta High Court, Arbitration, Foreign Seated
Delhi HC: High Court Cannot Review Order Passed Under Section 11 of A&C Act(08.12.2022)
Delhi High Court has held that the High Court cannot review an order passed under Section 11 of the Arbitration and Conciliation Act, 1996 as the Act .....
Tags : Delhi High Court, Section 11, Arbitration
Delhi HC: Disclosure by Arbitrator is Not a Discretionary But a Mandatory Requirement(09.12.2022)
Delhi High Court has held that disclosure by the arbitrator under Section 12 r/w 6th Schedule of the Arbitration & Conciliation Act is not a discretio.....
Tags : Delhi High Court, Arbitration & Conciliation, Disclosure
Delhi HC: Invoking CIRP Would Not Make Dispute Non-Arbitrable(19.12.2022)
Delhi High Court has held that dispute would not become non-arbitrable merely because the petitioner, before filing the application for appointment of.....
Tags : Delhi High Court, Arbitration, Insolvency, Non-Arbitrable
Delhi HC: Court Cannot Review Order Passed U/S 11 of A&C Act(12.01.2023)
Delhi High Court has held that orders passed in an application filed under Section 11 of Arbitration and Conciliation Act, 1996 (A&C) cannot be review.....
Tags : Delhi High Court, Arbitration and Conciliation, Review
Del. HC: Appln. U/S 34 A&C Act Doesn’t Cease to be Only Because Procedural Requirements Not Complied(13.01.2023)
Delhi High Court has held that an application to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act) .....
Tags : Delhi High Court, Arbitration and Conciliation Act, Procedural Requirements
Del HC: Can Refer to Arbitration Dispute Regarding Use of TM by Partner for His Sole Proprietorship(13.01.2023)
Delhi High Court while observing that disputes relating to subordinate rights in personam arising from rights in rem are arbitrable has held that disp.....
Tags : Delhi High Court, Arbitration, Trademark, Subordinate Rights
SC: Specific Reference Needed to Effect Incorporation of Arbitration Clause in Another Contract(21.03.2024)
Supreme Court has held that when parties enter into a contract, making a general reference to another contract, such general reference would not have .....
Tags : Supreme Court, Incorporation, Arbitration Clause
Arbitrator Can’t Issue Further Directions in an Award Without Proper ‘Adjudication': Delhi HC(04.06.2018)
Delhi High Court has held that an arbitrator cannot issue further ‘directions’ in an award based on settlement, without hearing both the parties in a .....
Tags : Delhi High Court, Arbitration
Mandate of "Ineligible" Arbitrator u/s 12(5) of Arbitration Act terminates automatically: SC(17.04.2019)
Supreme Court held that ineligibility of a person barred from appointment as an arbitrator under Section 12(5) of the Arbitration and Conciliation Act.....
Tags : Supreme Court, Ineligible Arbitrator, Arbitration Act
Person Ineligible to be Arbitrator U/S. 12(5) of Arbitration Act can’t Appoint Another Arbitrator: SC(17.04.2019)
Supreme Court has held that the appointment of arbitrator by a person who himself is ineligible to be an arbitrator as per Section 12(5) of Arbitratio.....
Tags : Supreme Court, Ineligible to be Arbitrator, Arbitration Act
Patna HC: Application u/s 34 Arbitration Act Challenging Arbitral Award is Not Suit(01.02.2022)
Patna High Court has held that an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award is no.....
Tags : Patna High Court, Application u/s 34 Arbitration Act
Tel. HC: Arbitration Under Section 42 of SEZ Act Would Override Contractual Arbitration Clause(27.02.2023)
Telangana High Court has held that arbitration under Section 42 of the Special Economic Zones (SEZ) Act, 2005 would override a contractual arbitration.....
Tags : Telangana High Court, Special Economic Zones, Arbitration
All. HC: Arbitrator to Decide Whether Claims Prior to Work Order are Covered by Arb. Clause or Not(15.04.2024)
Allahabad High Court has held that it is upon the arbitrator to decide whether claims between the parties prior to the work order in question can be c.....
Tags : Allahabad High Court, Section 11 A&C Act, Arbitration Clause
Lok Sabha Passes New Delhi International Arbitration Centre Bill, 2019(11.07.2019)
Lok Sabha has passed the New Delhi International Arbitration Centre Bill, 2019. The Bill, which replaces an Ordinance promulgated in March this year, .....
Tags : Lok Sabha, New Delhi International Arbitration Centre Bill, 2019
SC: Indian Parties Can Choose a Foreign Seat for Arbitration(22.04.2021)
Supreme Court has held that parties to a contract who are Indian nationals or Companies incorporated in India can choose a forum for arbitration outsi.....
Tags : Supreme Court, Foreign Seat of Arbitration
Del. HC: Power to Award Interest Applies Only in Absence of An Arbitration Agreement(18.03.2023)
Delhi High Court has held that Arbitrator’s discretion while awarding interest in respect of the pre-reference period under Section 31 of Arbitration .....
Tags : Delhi High Court, Arbitration, Pre-Reference Period
Del HC: Party Can’t Restrict Limitation Period Contrary to Limitation Act, for Invoking Arbitration(24.03.2023)
Delhi High Court has held that party cannot be permitted to restrict the period of limitation for invoking arbitration, in contravention to the limita.....
Tags : Delhi High Court, Limitation Period, Arbitration
Allahabad HC: Application U/S 47 CPC is Not Maintainable in Execution Proceedings(31.05.2022)
Allahabad High Court has ruled that an application under Section 47 of the Code of Civil Procedure, 1908 (CPC) is not maintainable in the execution pr.....
Tags : Allahabad High Court, Arbitration, execution
Delhi HC: Parties Should Avoid Multiple Arbitrations on Existing Claims on Same Contract(01.06.2022)
Delhi High Court has held that multiple arbitrations with regard to existing claims on same contract has to be avoided.
Tags : Delhi High Court, Arbitration, Multiple Arbitration
SC: Arbitration Agreement in Unstamped Contract Which is Exigible to Stamp Duty Not Enforceable(25.04.2023)
Supreme Court Constitution Bench has held that instrument which is exigible to stamp duty may contain arbitration clause and which is not stamped can’.....
Tags : Supreme Court, Constitution Bench, Arbitration Agreement, Unstamped Contract
Delhi HC: Can’t Resort to S. 34(4) of A&C Act for Considering New Material Evidence(28.03.2023)
Delhi High Court has held that recourse to Section 34(4) of Arbitration and Conciliation (A&C) Act cannot be taken to permit the arbitral tribunal to .....
Tags : Delhi High Court, Arbitration, Material Evidence
Gau HC: Courts Have Duty to Examine & Reject Time Barred Claims to Protect Parties from Arb. Process(07.06.2024)
Gauhati High Court has held that courts have a duty to examine and reject time-barred claims in order to prevent parties from getting trapped in costl.....
Tags : Gauhati High Court, Time Barred Claims, Arbitration Processes
Gauhati HC: Arbitration Can be Invoked Despite Existence of Alternative Remedy Under RERA Act(17.06.2024)
Gauhati HC has held that arbitration can be invoked to settle a real estate dispute, despite the existence of an alternative legal remedy under the Re.....
Tags : Gauhati High Court, RERA Act, Arbitration Act, Real Estate (Regulation and Development) Act
Gujarat High Court Sets Aside Order Which Interfered With Reasoned Arbitration Award(17.06.2024)
Guj. HC while setting aside the order passed by District Judge interfering with arbitral award has held that arbitral awards providing reasoned interp.....
Tags : Gujarat High Court, Section 34, Arbitration and Conciliation Act
SC: Arbitral Award Suffers from Patent Illegality if Illegality is Apparent on the Face of it(11.05.2023)
Supreme Court has held that an arbitral award could be said to be suffering from “patent illegality” only if it is an illegality apparent on the face .....
Tags : Supreme Court, Award, Illegality, Arbitration
Cal. HC: Consolidated Claim from Different Purchase Order Containing Arbitration Clause Not Invalid(18.05.2023)
Calcutta High Court has held that arbitration clauses in different purchase orders that are linked to a single main contract can be treated as a conso.....
Tags : Calcutta High Court, Arbitration, Purchase Orders, Main Contract
Kar. HC: Non-Signatory Defendants Cannot Be Exposed to Arbitration under Section 8 of A&C Act(29.05.2023)
Karnataka High Court has ruled that the non-signatory defendants cannot be exposed to arbitration under Section 8 of the Arbitration and Conciliation .....
Tags : Karnataka High Court has, Arbitration and Conciliation Act, Section 8
Mad. HC: If Parties are in Agreement, Formal Contract Signature by Other Party Not Necessary(31.07.2024)
Madras High Court has held that if it is proved that parties are in agreement, a formal contract signature by other party is not necessary in order to.....
Tags : Madras High Court, Arbitration Agreement, Contract Signature
Del. HC: Arbitration Clause in Contract Perishes if the Contract is Novated(07.06.2023)
Delhi High Court has held that if the novated contract does not contain any arbitration clause, the arbitration clause in the original contract would .....
Tags : Delhi High Court, Arbitration Clause, Novation, Contract
Cal. HC: Optional Clause for Arbitration is Not an Arbitration Agreement(12.06.2023)
Calcutta High Court has held that clause which provides for resolution of dispute either by way of litigation or arbitration cannot be held to be a bi.....
Tags : Calcutta High Court, Arbitration Agreement, Optional
Cal HC: Venue Won’t be Seat of Arbitration if Agreement Confers Jurisdiction on a Different Court(12.06.2023)
Calcutta High Court has held that presence of a clause which confers exclusive jurisdiction upon a Court in a place other than the venue of arbitratio.....
Tags : Calcutta High Court, Arbitration, Seat, Venue, Jurisdiction
Sikkim HC: If Underlying Contract is Invalid, Arb. Agreement Allows Tribunal to Assume Jurisdiction(15.11.2024)
Sikkim HC has noted that the validity of an arbitration agreement, in the face of the invalidity of the underlying contract, allows the Arbitral Tribu.....
Tags : Sikkim High Court, Arbitration Agreement, Arbitral Tribunal
MP HC: Can Set Aside Award u/s 34 of A&C Act if Arbitrator Travels Beyond Arbitration Agreement(18.11.2024)
MP High Court has held that while passing an award if the arbitrator travels beyond the terms of arbitration agreement then the award can be set aside.....
Tags : MP High Court, Arbitration Agreement, Section 34
Bom. HC: Scope of Examination u/s 11(6A) of A&C Act Confined to Existence of Arbitration Agreement(17.10.2024)
Bombay High Court has held that under Section 11(6A) of the Arbitration and Conciliation Act, 1996 the scope of examination is limited to existence of.....
Tags : Bombay High Court, Arbitration Agreement, Scope of Examination