26 September 2022


Search Results for Tag : Arbitration

Top Story

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

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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

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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

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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

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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

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News

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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)

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