Search Results for Tag : arbitration agreement

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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

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 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

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

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

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

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

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

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

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

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: 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

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: 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: 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

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

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

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: 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

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

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

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

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

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

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

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

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

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