Search Results for Tag : Express Agreement

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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

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

Bom. HC: Party Can Waive Ineligibility of Arbitrator by an Express Agreement in Writing(14.11.2024)

Bombay HC has observed that a party can waive ineligibility of an arbitrator by an express agreement in writing under Section 12(5) of Arbitration and.....

Tags : Bombay High Court, Express Agreement, Ineligibility

NCLAT: In Absence of Express Agreement between Parties Authority Can’t Assume Appl. of Interest(21.04.2025)

NCLAT New Delhi bench has held that unless there is a specific contract between the parties the Adjudicating Authority cannot presume the applicabilit.....

Tags : NCLAT New Delhi, Express Agreement, Adjudicating Authority