Search Results for Tag : Arbitration clause

Judgments

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

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

News

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 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

Notifications & Circulars

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

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

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

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