final g.....Tags : Interest rates, marginal cost, rbi
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RBI issues Master Directions on Foreign Exchange(04.01.2016)
The Reserve Bank of India released 17 Master Directions covering foreign exchang.....
Tags : Rbi, master directions, fema, 2016
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Delhi HC: As Is Where Is Condition in License Agreement Not to Absolve Parties from Disclosures(05.04.2022)
Delhi High Court has upheld the award of an Arbitral Tribunal that stipulated that the condition of as is where is basis in an Agreement of License do.....
Tags : Delhi High Court, Arbitral Tribunal, as is where is, License Agreement
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RBI to Conduct Exam for Applicants Who Failed to Appear Due to Kerala Floods(24.08.2018)
Those who have already appeared for the exam will however not be allowed to take it again, RBI said.
Tags : RBI
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RBI Grade B Result 2018 After Re-exam for Kerala Candidates, Check Notification here(24.08.2018)
RBI Grade B Result 2018 for Prelims is expected to be delayed as the Reserve Bank of India has decided to organize Re-Exam for candidates of the state.....
Tags : RBI
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RBI Policy: RBI Cuts Repo Rate by 25 Bps(06.06.2019)
Reserve Bank of India’s monetary policy committee led by Shaktikanta Das cut the repo rate by 25 basis points while remaining considerate of growth co.....
Tags : RBI Policy, Repo Rate
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From Rate Cut to New NPA Norms, Here Are 10 Key Announcements Made by RBI Today(06.06.2019)
RBI’s MPC now sees consumer price index (CPI) inflation at 3-3.1% in the first half of FY20 and at 3.4-3.7% in the second half of FY20.
Tags : RBI
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Revised Guidelines on Bad Loans will Sustain Improvement in Credit Culture, Says RBI Guv(08.06.2019)
Speaking at the NIBM, at the 15th Annual Convocation of Post Graduate Diploma in Management, here, RBI Governor Shaktikanta Das said the new guideline.....
Tags : RBI
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RBI to Waive All Charges on Fund Transfers via RTGS and NEFT from July 1(12.06.2019)
Following up on the announcement of June 6 after the bi-monthly monetary policy review, the RBI said it has reviewed the various charges levied by it .....
Tags : RBI
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No permission to foreign law firms to open Liaison Office(29.10.2015)
The Reserve Bank of India has notified, in compliance with Supreme Court of India directions that foreign law firms are not allowed to open Liaison Of.....
Tags : Foreign law firm, liaison, office, rbi
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Reporting of Transactions by agency banks to RBI(30.11.2017)
It has been brought to our notice that some agency banks are reporting government transactions after considerable delay and along with the current tra.....
Tags : RBI, Agency Banks, Transactions
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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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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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RBI Imposes Rs 50 Lakh fine on PNB for Delay in Reporting Fraud in Kingfisher Airlines Account(03.08.2019)
Punjab National Bank in a regulatory filing said that the RBI took the decision based on a fraud monitoring report-1 that had been submitted by the ba.....
Tags : RBI
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Top Court Gives RBI Six Weeks to Establish WhatsApp Payments Data Localisation(05.08.2019)
Top Court has given Reserve Bank of India (RBI) six weeks to examine and report whether WhatsApp Payments has fulfilled its data localisation requirem.....
Tags : Top Court, RBI
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Bombay HC: Arbitral Tribunal Cannot Apply Public Law Principles(21.06.2021)
Bombay High Court while setting aside the arbitration award against the BCCI over the termination of Deccan Chargers from IPL observed that an Arbitra.....
Tags : Bombay HC, Arbitral Tribunal
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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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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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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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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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Telangana HC: Arbitral Award A Nullity If Passed Beyond Prescribed Period(15.04.2022)
Telangana High Court has held that the provisions of Section 29A of the Arbitration and Conciliation Act, 1996 (A&C Act) are cast in mandatory terms a.....
Tags : Telangana High Court, Arbitral Award, Nullity, Prescribed Period
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Delhi HC: Petition u/s 9 A&C Act Not Maintainable Against Procedural Orders of Arbitral Tribunal(15.04.2022)
Delhi High Court has ruled that a petition under Section 9 of the Arbitration and Conciliation Act, 1996 (A& Act) for interim measures of protection, .....
Tags : Delhi High Court, Procedural Orders of Arbitral Tribunal
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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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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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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
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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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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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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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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
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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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SC: Non-Participation in Arbitral Proceedings Results in Waiver of Right to Object Jurisdiction(30.04.2020)
Supreme Court has held that non-participation in Arbitral proceedings by a party and failure to raise objections before the Arbitrator would preclude .....
Tags : Supreme Court, Non-Participation in Arbitral Proceedings
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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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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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Allahabad HC Imposes Cost on Man Who Sought Reiteration of General Mandamus Against Arbitrary Arrest(25.04.2022)
Allahabad High Court recently imposed a cost of Rs. 20,000 on a person who sought reiteration of a general mandamus, which has already been issued by .....
Tags : Allahabad High Court, Arbitrary Arrest, Cost, Reiteration of General Mandamus
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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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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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SC Notices RBI over Contempt Petition on Derivative Scam Issue(02.11.2016)
Supreme Court has ordered issuance of notice to Reserve Bank of India officials after hearing contempt petition moved by Tirupur Exporters Association.....
Tags : Supreme Court , RBI , Tirupur Exporters, Derivatives Scam
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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
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After Low Turnout at Previous Lectures, CVC Makes Attendance Compulsory for RBI Governor's Talk(19.09.2018)
The lecture is part of a monthly series, initiated after K V Chowdary took over as the Central Vigilance Commissioner in June, 2015.
Tags : RBI
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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
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Bombay HC: RBI Circulars on Loan Moratorium Not Applicable to Mutual Funds(17.07.2020)
Bombay High Court has held that the Reserve Bank Of India's circulars granting moratorium on payment of instalment of term loans for three months and .....
Tags : Bombay High Court, RBI Circulars on Loan Moratorium
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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
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Delhi HC: Arbitral Award Passed in Disregard to Judicial Decisions Conflicts with Public Policy(24.05.2022)
Delhi High Court has held that an arbitral award that is not in consonance with the judicial decisions laid down by the courts of India would be in vi.....
Tags : Delhi High Court, Arbitral Award, Public Policy
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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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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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Madras HC: Arbitral Award Not Providing Statutory Compensation Under NHA is Perverse(04.05.2022)
Madras High Court has observed that an arbitral award does not provide for payment of compulsory statutory compensation with regard to the land acquir.....
Tags : Madras High Court, arbitral award, National Highways Act, 1956
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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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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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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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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: 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
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Madras HC: Enforcement of a Foreign Arbitral Award can be Filed in More Than One High Court(01.06.2022)
Madras High Court has held that more than one High Court can exercise jurisdiction for the recognition and enforcement of an arbitral award if the cla.....
Tags : Madras High Court, Arbitral Award, Jurisdiction
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Madras HC: Differentiating Between Single Class of Pensioner Based on Date of Retirement is Arbitrary(01.06.2022)
Madras High Court has observed that persons belonging to the same class cannot be discriminated against by creating an artificial class between them o.....
Tags : Madras High Court, Pensioners, Arbitrary
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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
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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
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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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Delhi HC: Failure to Issue Notice for Additional Payment Does Not Preclude Later Claim(18.04.2022)
Delhi High Court has held that the failure on the part of the contractor to issue notice under the contract does not deprive him of his right to claim.....
Tags : Delhi High Court, contract, arbitral tribunal
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Kerala HC: Dissenting Views of Minority Members Does Not Constitute Arbitral Award(18.04.2022)
Kerala High Court has observed that the Arbitral Tribunal can pass only one arbitral award and not multiple awards, stating that dissenting views can'.....
Tags : Kerala High Court, Arbitral Tribunal, arbitral award
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Calcutta HC Directs to Withdraw Notice Preventing Students from Classes for Default of Dues(20.04.2022)
Calcutta High Court has reiterated that unaided private schools whose names had come up regarding allegations of arbitrary fee hike during the pandemi.....
Tags : Calcutta High Court, unaided private schools, arbitrary fee
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Bombay HC: Court Lacking Jurisdiction to Cannot Appoint Arbitrator, No Objection by Opposite Party(20.04.2022)
Bombay High Court has held that a Court cannot appoint an Arbitrator when the only proceeding before it is an application for grant of interim measure.....
Tags : Bombay High Court, Appointment of Arbitrator
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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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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
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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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Orissa HC: An Unreasoned Arbitration Award Is Against Public Policy(13.05.2022)
Orissa High Court by setting aside the award of the arbitrator has ruled that an unreasoned arbitral award would be against the public policy. The cou.....
Tags : Orissa High Court, public policy, arbitrator
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Delhi HC: Pendency of Insolvency Petition Is Not Bar to Appointment of Arbitrator(16.05.2022)
Delhi High Court has observed that the mere pendency of an insolvency petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 is not a ba.....
Tags : Delhi High Court, Section 9, Insolvency and Bankruptcy Code, 2016, Arbitrator
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Delhi HC Upholds NHAI's Challenge Against Arbitral Tribunal's Fee Fixing Authority(17.05.2022)
Delhi High Court has ruled that the Arbitral Tribunal is permitted to fix its fee, if its appointment is made by way of an ad hoc agreement between th.....
Tags : Delhi High Court, Arbitral Tribunal, Agreement
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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
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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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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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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
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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
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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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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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SC: Courts Cannot Modify Award Passed Under Section 34 of Arbitration Act(21.07.2021)
Supreme Court has held that Courts cannot modify an award passed under Section 34 of the Arbitration and Conciliation Act, 1996 in Project Director, N.....
Tags : Supreme Court, Modification of Arbitral Award
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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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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
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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
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Delhi HC Grants Time to DMRC for Payment of Outstanding Amount of Arbitral Award to DAMEPL(21.06.2022)
Delhi High Court has granted time to Delhi Metro Rail Corporation (DMRC) to ensure payment of the outstanding amount to Reliance Infrastructure-promot.....
Tags : Delhi High Court, Outstanding Amount, Arbitral Award
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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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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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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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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: 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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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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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
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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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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
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Delhi HC: Party Cannot Dispute Jurisdiction on Account of Non-Existence of Arbitration Agreement(30.05.2022)
Delhi High Court has held that a party cannot dispute the jurisdiction on account of non-existence of the arbitration agreement
Tags : Delhi High Court, arbitrator, jurisdiction
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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
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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
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SC Upholds Delhi HC Order Directing DMRC to Pay Arbitral Award to DAMEPL(05.05.2022)
Supreme Court has upheld a Delhi High Court order directing the Delhi Metro Rail Corporation to pay over Rs 4,600 crore of arbitral award together wit.....
Tags : Supreme Court , Rs 4,600 crore , arbitral award ,Airport Metro Express Private Limited
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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
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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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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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Bombay HC: Court Shall Refer Parties to Arbitration; When There Is Duality of Expert Opinion(11.05.2022)
Bombay High Court has ruled that when an allegation as to the fraud and forgery committed in the execution of the agreement is made and there is a dua.....
Tags : Bombay High Court, arbitrator, forgery
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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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RBI to Banks: Connect All New Floating-Rate Home, Auto Loans to Repo from October(05.09.2019)
RBI has made it essential for banks to link all new floating-rate loans for housing, auto and MSMEs to external benchmark like repo from October 1, a .....
Tags : RBI, Repo
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RBI Caps Banks' Exposure to Single NBFC at 20% of Capital Base(13.09.2019)
Reserve Bank of India (RBI) has observed that it has decided that a bank’s exposure to a single NBFC (excluding gold loan companies) will be restricte.....
Tags : RBI, NBFC
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Supreme Court: Party to Agreement Cannot be Arbiter in his Own Cause(13.09.2019)
Supreme Court has clarified that a party to an agreement cannot be an arbiter in his own cause. The Court observed that as long as the dispute remaine.....
Tags : Supreme Court, Arbiter
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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
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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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Delhi HC Asks to Seek Instructions on Plea Against Alleged Exorbitant Pricing of Covid-19 Vaccine(17.08.2021)
Delhi High Court has asked the Central Government counsel to seek instructions on a PIL seeking reduction in the price of COVID-19 vaccines in India.
Tags : Delhi High Court, Exorbitant Pricing of Covid-19 Vaccine
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Kerala HC: Neither Party Nor Person Nominated by It Can be Arbitrator(20.08.2021)
Kerala High Court has held that neither a party to an Arbitration Agreement nor a person nominated by it can be nominated an arbitrator, even if the a.....
Tags : Kerala High Court, Arbitrator
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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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ITAT: Co-Operative Society Providing Financial Help Without RBI License is Eligible for Exemption(08.07.2022)
Income Tax Appellate Tribunal (ITAT), Chennai Bench has held that the cooperative society providing financial accommodation to members without Reserve.....
Tags : ITAT, Co-Operative Society, RBI License, Financial Accommodation
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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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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
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HP HC Pulls Up State Civil Supply Corporation for Arbitrary Discretion in Grant of Largesses(09.11.2020)
Himachal Pradesh High Court has pulled up the State Civil Supply Corporation for arbitrary exercise of discretion in the matter of grant of largesses .....
Tags : Himachal Pradesh High Court, Arbitrary Discretion in Grant of Largesses
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SC: Contravention of Statute Cannot Be Ground to Set Aside an Arbitral Award(10.09.2021)
Supreme Court has observed that contravention of a statute which is not linked to public policy or public interest cannot be a ground to set aside an .....
Tags : Supreme Court, Ground to Set Aside an Arbitral Award
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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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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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Del. HC: Rejection of S.34 Plea Under A&C Act Doesn’t Mean Court Concurs Views of Arbitral Tribunal(18.07.2022)
Delhi High Court has held that merely because the challenge to an arbitral award is dismissed by the Court exercising powers under Section 34 of the A.....
Tags : Delhi High Court, Arbitral Tribunal, Concur
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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
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Madras HC: Arbitration Court Not to Embark on Fact-Finding Exercise Within S.34 A&C Act(01.03.2021)
Madras High Court has stated that the exercise undertaken to rewrite the arbitration award by ascribing reasons in support of the claims allowed and q.....
Tags : Madras High Court, Setting Aside of Arbitral Award
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Bom. HC: Commercial Court Can’t be Regarded as Person Or Institution Under Section 11(6) of A&C Act(06.09.2022)
Bombay High Court has held that the jurisdiction and power of the High Court in relation to the appointment of an arbitral tribunal under Section 11 o.....
Tags : Bombay High Court, Appointment, Arbitral Tribunal, Commercial Courts
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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
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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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Delhi HC to DMRC: Will Summon MD is Balance Arbitral Award Not Paid to DAMEPL Within 4 Weeks(08.09.2022)
Delhi High Court has directed Delhi Metro Rail Corporation (DMRC) to make balance payment in terms of a 2017 arbitral award to Delhi Airport Metro Exp.....
Tags : Delhi High Court, Arbitral Award, DMRC
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RBI Increases Cap on Borrowing from MFIs to Rs 1.25 Lakh in Rural Areas(11.11.2019)
Reserve Bank of India has raised the household income limits for borrowers of Non-Banking Financial Companies-Micro Finance Institutions from Rs 1 lak.....
Tags : RBI, MFI
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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
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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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Bombay HC: Award Need Not be Set Aside for Mere Erroneous Application of Law(23.08.2022)
Bombay High Court has held that when the court is convinced that the Arbitrator has erred only on specific issues and that the arbitral award is other.....
Tags : Bombay High Court, Arbitrator, Erroneous Application
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SC: PMLA Judgment Allowing Taking Possession of Property Before Trial Leaves Scope for Arbitrariness(24.08.2022)
Supreme Court while delivering judgment related to Benami Transaction Prohibition Act, stated that ratio of the recent PMLA judgment in relation to Se.....
Tags : Supreme Court, PMLA, Arbitrariness
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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
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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
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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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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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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
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Supreme Court Supports RBI Decision to Ban Indian Crypto Services(14.05.2018)
Supreme Court has turned down a request to issue a temporary order against restrictions put by the central bank on other banks related to digital curr.....
Tags : Supreme Court, RBI
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Modi Govt Declines RTI Query Asking for Details of Shaktikanta Das’ Appointment as RBI Governor(27.03.2019)
Shaktikanta Das was in December named as the Reserve Bank of India Governor by the Appointments Committee of the Cabinet headed by PM Narendra Modi. .....
Tags : RBI
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‘Ready to Return If....': Amid Buzz of Grand Alliance Backing, Raghuram Rajan Hints at Comeback(28.03.2019)
Former RBI governor Raghuram Rajan is speculated to be the opposition’s choice for finance minister if the grand alliance comes to power in upcoming.....
Tags : RBI
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RBI Keeps Repo Rate Unchanged(07.02.2020)
Reserve Bank of India’s Monetary Policy Committee has kept the key policy rate unchanged while admitting that inflation was on a rising trajectory th.....
Tags : RBI, Repo Rate
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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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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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Delhi HC: Sale of Refurbished Hard Disks at Nehru Place Amounts to Trademark Infringement(22.09.2022)
Delhi High Court has held that passing off old and used hard-disk drives, after tampering with their labels and printed circuit board, as new product .....
Tags : Delhi High Court, Trademark, Refurbished
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RBI Grants Approval for First Conversion from Urban Cooperative Bank to Small Finance Bank(07.01.2020)
Reserve Bank of India has granted ‘in-principle’ approval to Saharanpur-based, Shivalik Mercantile Cooperative Bank to convert from an Urban Cooperat.....
Tags : RBI, Small Finance Bank
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Supreme Court: Basis that Allegations of Fraud are not Arbitrable is a Wholly Archaic View(13.01.2021)
Supreme Court has ruled that the ground that allegations of fraud are not arbitrable is a wholly archaic view, which has become obsolete, and deserves.....
Tags : Supreme Court, Fraud, Arbitrable
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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: Exorbitant Price of Drug Not to Deprive Children Suffering from Rare Disease(18.01.2021)
Delhi High Court has held that merely because of the exorbitant price of a drug or treatment, children suffering from a rare disease cannot be deprive.....
Tags : Delhi High Court, Exorbitant Price of Drug
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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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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
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SC: Arbitral Tribunal Before 2015 Amendment Would Lose Mandate on Violation of Neutrality Clause(05.01.2022)
Supreme Court has held that an arbitral tribunal constituted as per an arbitration clause before the 2015 amendment to the Arbitration and Conciliatio.....
Tags : Supreme Court, Arbitral Tribunal Before 2015 Amendment , Violation of Neutrality Clause
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SC: Party Without Notice of Section 11(6) Petition Filed By Other Party Free to Appoint Arbitrator(06.01.2022)
Supreme Court has held that a party to the arbitration agreement can appoint an arbitrator even after an Arbitration Petition under Section 11(6) of t.....
Tags : Supreme Court, Appointment of Arbitrator
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Kerala HC: Writ Jurisdiction Cannot be Invoked to Challenge Appointment of Arbitrator(12.01.2022)
Kerala High Court has held that writ jurisdiction cannot be invoked to challenge the appointment of an arbitrator since such grievances could be redre.....
Tags : Kerala High Court, Appointment of Arbitrator
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SC: Arbitration Can be Set Aside Only if Award Against Public Policy(14.01.2022)
Supreme Court has stated that an arbitration award under the Arbitration and Conciliation Act, 1996 can be set aside only if it is found to be contrar.....
Tags : Supreme Court, Setting Aside of Arbitral Award
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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
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Delhi HC: Issue as to Which Party Would Bear GST Expenses Under Agreement is Arbitrable(08.12.2022)
Delhi High Court has held that an issue that relates to the inter se liability of the parties regarding the burden of GST is not related to the taxing.....
Tags : Delhi High Court, GST Expenses, Arbitrable
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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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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
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SC: Department Officer Can Continue to Preside Over Arbitration Proceedings After Retirement(27.09.2021)
Supreme Court has held that a department officer, who was appointed as the arbitrator, can continue to preside over the arbitration proceedings even a.....
Tags : Supreme Court, Retired Arbitrator
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SC: 2015 Judgment Directing RBI to Disclose Defaulters List Might Affect Customer’s Privacy(03.10.2022)
Supreme Court has expressed prima facie doubts about its 2015 judgment in case of Reserve Bank of India v. Jayantilal Mistry which had held RBI was ob.....
Tags : Supreme Court, RBI, Defaulter’s List
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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
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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
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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
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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
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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
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Maharashtra RERA Directs Developer To Hand Over Two Properties With Interest For Delayed Possession(17.10.2022)
Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed Orbit Enterprises to hand over possession of two units at BKC, Mumbai, to actor S.....
Tags : Maharashtra Real Estate Regulatory Authority, Saif Ali Khan, Orbit Enterprises
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TL HC: First Committee On Wilful Defaulters Not Obligated To Mention Its Composition In Its Order(19.10.2022)
Telangana High Court has ruled that as per Clause 3(a) of the RBI Master Circular on Wilful Defaulters dated 01.07.2015, the First Committee is not ob.....
Tags : Telangana High Court, RBI, Circular
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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
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RBI Releases First Bi-Monthly Monetary Policy Statement, 2019-20(04.04.2019)
Monetary Policy Committee (MPC) of Reserve Bank of India (RBI) has announced its resolution under first bi-monthly monetary policy statement for 2019-.....
Tags : Reserve Bank of India, RBI, First Bi-monthly Monetary Policy Statement, 2019-20
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RBI Policy: RBI Cuts Repo Rate by 25 BPS(04.04.2019)
Reserve Bank of India's monetary policy committee (MPC), led by Governor Shaktikanta Das, has announced a 25 basis points cut in the short-term lendin.....
Tags : RBI Policy, Repo Rate
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Delhi HC Discards RBI Appeal Against Order for Reconsideration of JSPL Plea(30.03.2021)
Delhi High Court has dismissed an appeal by the Reserve Bank of India (RBI) against an earlier order of a Single-Judge which had directed the RBI to r.....
Tags : Delhi HC, RBI
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SC: HC Should Not Entertain Dispute Which is Arbitrable Unless Issue of Public Interest(02.04.2021)
Supreme Court has observed that ordinarily a High Court in its jurisdiction under Article 226 of the Constitution of India, 1949 has to decline to ent.....
Tags : Supreme Court, Arbitrable Dispute
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SC: Arbitral Award Can't be Challenged on Ground That Arbitrator Has Failed to Appreciate Facts(19.01.2022)
Supreme Court has reiterated that the Appellate Court exercising power under Section 30 and 33 of the Arbitration Act, 1940 ought not to reassess or r.....
Tags : Supreme Court, Arbitral Award
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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
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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
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CIC Refuses To Direct RBI To Disclose Defaulters And NPAs List, Says Matter Sub Judice Before SC(24.05.2017)
Central Information Commission has refused to direct RBI to disclose list of defaulters and non-performing assets, in view of a similar issue being un.....
Tags : Supreme Court, RBI
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Karnataka HC Notice to Centre, RBI on Bank Branch Merger(06.05.2019)
Karnataka High Court has served a notice to the Reserve Bank of India, the Union Government and Canara Bank after hearing a PIL challenging the merger.....
Tags : Karnataka HC, RBI
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Delhi HC Seeks Centre's Response on Petition for Inclusion of Severe Mental Illness as Comorbidity(16.03.2021)
Delhi High Court has sought the Centre's response on a petition seeking directions for the inclusion of mental illnesses in the classification of como.....
Tags : Delhi High Court, Inclusion of Severe Mental Illness as Comorbidity
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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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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
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SC: No Unusual Treatment to be Given to Govt While Considering Application for Stay of Arbitral Award(15.07.2019)
Supreme Court (SC) had held that there is no unusual treatment to be given to the Government while considering the application for stay under Section .....
Tags : SC, Arbitral Award
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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
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Delhi HC: Participation in Arbitral Proceedings Does Not Waiver Right to Challenge Appointment(18.02.2022)
Delhi High Court has terminated the mandate of a sole arbitrator appointed unilaterally at the instance of one of the contracting parties. The Court h.....
Tags : Delhi High Court, Participation in Arbitral Proceedings
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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
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Delhi HC: Award of Cost Not Containing Reasons is Arbitrary(19.01.2023)
Delhi High Court has held that awarding costs by a stroke of the pen, without stating reasons would fly in the face of section 31(3) as per which an a.....
Tags : Delhi High Court, Cost, Arbitrary, Reason
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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: 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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SC Issues Notice in Plea Challenging Exorbitant Enrolment Fees Charged by State Bar Councils(10.04.2023)
Supreme Court has issued notice to Central government, Bar Council of India and all the State Bar Councils in the writ petition challenging the exorbi.....
Tags : Supreme Court, Enrolment Fees, Exorbitant, Bar Councils
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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
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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
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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
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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
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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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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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Allahabad HC Issues Direction to Ensure Compliance of Safeguards from Arbitrary Arrest(01.02.2021)
Allahabad High Court has directed the Police authorities to desist from making automatic/ routine arrests, especially in dowry cases, and strictly com.....
Tags : Allahabad High Court, Arbitrary Arrest in Dowry Cases
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Kerala HC: District Court Has Jurisdiction to Execute Arbitral Award(10.03.2023)
Kerala High Court while evaluating the scheme of Commercial Courts Act, 2015 has held that District Court has the jurisdiction to execute an arbitral .....
Tags : Kerala High Court, Commercial Courts Act, Arbitral Award
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Delhi HC: Arbitral Award Cannot be Sustainable Merely Because of Participation of Parties(31.03.2022)
Delhi High Court has held that the participation of any party is insufficient to infuse life to arbitral proceedings if the award is void ab initio on.....
Tags : Delhi High Court, arbitral proceedings, arbitrator, arbitral award
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Karnataka HC: Foreign Arbitral Award Enforceable if Property Within Territorial Jurisdiction(04.04.2022)
Karnataka High Court has held that an international commercial arbitral award rendered between parties that have no link with India can be enforced by.....
Tags : Karnataka High Court, international commercial, arbitral award, territorial jurisdiction
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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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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
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Del. HC: Updation Application to Change Amount of Counter Claim is an Amendment Application(29.03.2023)
Delhi High Court has held that where a party has filed an application seeking to update its counter claims before Arbitral Tribunal, the said applicat.....
Tags : Delhi High Court, Updation Application, Amendment, Arbitral Tribunal
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Jh. HC: Deliberate Departure from Terms of Contract May Amount to Malafide Action by Arbitrator(10.04.2023)
Jharkhand High Court has observed that deliberate departure from the contract amounts not only to manifest disregard of its authority or misconduct on.....
Tags : Jharkhand High Court, Departure, Terms of Contract, Arbitrator
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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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Delhi HC: Arbitral Tribunal Cannot Decrease Liquidated Damages on Guess Work(02.05.2022)
Delhi High Court has ruled the arbitral tribunal can’t reduce the liquidated damages on guesswork if it finds that it is genuine pre-estimated damages.....
Tags : Delhi High Court, Arbitral tribunal, liquidated damages, pre-estimated damages
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Madras HC: Arbitral Award Not Hit by Adequacy Facet if Reasons Given Not Laconic(02.05.2022)
Madras High Court has held that an arbitral award cannot be set aside on the ground of non-adequacy of reasons as long as the reasons given are not La.....
Tags : Madras High Court, Arbitral award, Laconic
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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
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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
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Del. HC: Arbitral Award Passed After Inordinate/Unexplained Delay is Contrary to Justice(22.05.2023)
Delhi High Court has held that an arbitral award passed after an inordinate, substantial and unexplained delay is contrary to justice and in conflict .....
Tags : Delhi High Court, Arbitral Award, Unexplained Delay, Justice
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RBI Eases Ban for those Looking to Buy Stake of Foreign Firms in India(04.10.2019)
Reserve Bank of India (RBI) has clarified that there would be no “blanket ban” on Indian companies wanting to buy stakes in overseas firms, which alre.....
Tags : RBI, Foreign Firms
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RBI Cuts Repo Rate from 5.40% to 5.15%(04.10.2019)
Reserve Bank of India (RBI) has lowered its key lending rate or the repo rate by 0.25 per cent — from 5.40 per cent to 5.15 per cent in its fourth bi-.....
Tags : RBI, Repo Rate
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Madhya Pradesh High Court Stays RBI Circular on Urban Cooperative Banks(06.09.2021)
Madhya Pradesh High Court has stayed a circular issued by the Reserve Bank of India (RBI) on June 25 which laid down several conditions related to Urb.....
Tags : Madhya Pradesh High Court, RBI Circular on Urban Cooperative Banks
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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
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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
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Raj. HC: Chest Measurement Criterion for Women in Recruitment is Arbitrary and Outrageous(16.08.2023)
Rajasthan High Court has held that chest measurement as a criterion for female candidates, is absolutely arbitrary, rather outrageous and it is a clea.....
Tags : Rajasthan High Court, Chest Measurement, Arbitrary
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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
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SC: Can’t Set Aside Arbitral Award on Mere Possibility of Alternate Interpretation of Contract(21.08.2023)
Supreme Court while observing that the jurisdiction u/s 34 of A&C Act is exercised only to see if the Tribunal’s view is perverse or manifestly arbitr.....
Tags : Supreme Court, Arbitral Award, Contract
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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
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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
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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
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Kerala HC: Where Dispute Not Adjudicated Upon by Authority, Dispute Becomes Arbitrable(08.12.2021)
Kerala High Court has ruled that if a dispute is to be adjudicated upon by an authority other than the Arbitrator as per the agreement between the par.....
Tags : Kerala High Court, Arbitrability of Dispute
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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
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Del HC: Courts Shouldn’t Interfere in Issue of Increase in Salary of Office Bearers Unless Arbitrary(02.11.2022)
Delhi High Court has held that increase in salaries of office bearers of a Commission is a policy decision of the State, and the courts should refrain.....
Tags : Delhi High Court, Salary, Arbitrary
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Morbi Court Sends 4 Accused to Police Custody Till Nov 5 in Morbi Bridge Collapse Case(03.11.2022)
Morbi Court while sending four accused to 5-day police custody in connection with the October 30 Morbi Bridge Collapse incident has observed that alle.....
Tags : Morbi Court, Bridge Collapse, Police Custody
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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
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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
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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
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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
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Kerala High Court Lays Down Two Modes to Appoint Sole Arbitrator(03.08.2022)
Kerala High Court has held that sole arbitrator can only be appointed either by High Court or by express agreement in writing between parties in dispu.....
Tags : Kerala High Court, Sole Arbitrator, Modes
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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
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Delhi HC: Arbitral Tribunal Has Power to Vacate/Modify its Earlier Order(04.08.2022)
Delhi High Court has held that arbitral tribunal does not have the power of substantive review of its order; however, it does have the power to vacate.....
Tags : Delhi High Court, Arbitral Tribunal. Vacate/Modify, Interim Order
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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
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Delhi HC: Interlocutory Order Rejecting Application for Amendment of Claims is Not Challengeable(12.09.2022)
Delhi High Court has held that all interlocutory orders passed by the Arbitral Tribunal are not amenable to challenge under Articles 226 and 227 of th.....
Tags : Delhi High Court, Arbitral Tribunal, Articles 226, Articles 227
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Cal HC: Writ is Maintainable against Award by Statutory Arbitrator Violating of Principles of Natural(12.09.2022)
Calcutta High Court has held that an award passed by the statutory arbitrator under the National Highways Act, 1956 where neither the notice of arbitr.....
Tags : Calcutta High Court, Arbitrator, Natural Justice
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Delhi HC: Payment Aggregators Fall Within Definition of Payment System(19.09.2022)
Delhi High Court has held that payment aggregators fall within the definition of designated payment system under Section 23A of the Payment and Settle.....
Tags : Delhi High Court, Payment System, RBI
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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
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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
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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
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SC: Arbitrator Cannot Modify Award on An Application Under Section 33 Arbitration Act(23.11.2021)
Supreme Court has observed that an Arbitrator cannot modify an Arbitration award on an application filed under Section 33 of the Arbitration and Conci.....
Tags : Supreme Court, Arbitrator Cannot Modify Award
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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
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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
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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
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Del. HC: Court Can’t Set Aside Majority Opinion of the Arbitral Award(02.01.2024)
Delhi High Court has held that a party can’t file a petition u/s 34 of A&C Act for setting aside a majority or a dissenting opinion, as in the event C.....
Tags : Delhi High Court, Arbitral Award, Majority Opinion
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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
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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
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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
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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
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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
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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
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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
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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
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SC: Writ Jurisdiction Can be Applied When Contractual Terms Imposed by State are Arbitrary(09.02.2023)
Supreme Court while invalidating GAIL's Condition imposed on IPCL, has held that if the State in its contractual dealings fails to exercise a degree o.....
Tags : Supreme Court, Writ Jurisdiction, Contractual Terms, Arbitrary
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Del HC: Delay in Approaching Authority for Constitution of Tribunal Won’t Render Claims Time Barred(10.02.2023)
Delhi High Court has held that period within which party is required to approach court for constitution of arbitral tribunal, can’t be conflated with .....
Tags : Delhi High Court, Limitation, Claims, Arbitral Tribunal
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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
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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
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SC: DMRC’s Petition Allowed, Judgement Upholding Arbitral Award In Favour of DAMEPL Set Aside(10.04.2024)
Supreme Court has set aside the judgement that upheld the arbitral award made in favour of Delhi Airport Metro Express Private Limited (DAMEPL) and re.....
Tags : Supreme Court, DAMEPL, DMRC, Arbitral Award
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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
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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
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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
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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
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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
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Delhi HC: Membership of Arbitral Institution Not a Pre-Requisite For Invoking Arbitration(26.03.2024)
Delhi High Court has held that the membership of an arbitral institution cannot be insisted upon as a pre-requisite for invoking arbitration.
Tags : Delhi High Court, arbitral institution
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Del HC Issues Directions to Centre and State Payment of Unpaid Dues to Reliance Infra(18.03.2023)
Delhi High Court has directed Centre and State to attend to DMRC’s request for extension of sovereign guarantee or subordinate debt to enable it make .....
Tags : Delhi High Court, DMRC, Reliance Infra, Arbitral Award
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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
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SC: Arbitrator Can Award Pendente Lite Interest if Not Barred Under Contract(20.03.2023)
Supreme Court has held that unless there is a specific bar under the contract, Arbitrator can award pendente lite interest in view of Section 31(7)(a).....
Tags : Supreme Court, Pendente Lite, Arbitrator, Contract
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HP HC: Under National Highway Act, Arbitrator Has to Give Award Within 1 Year(24.03.2023)
Himachal Pradesh High Court while observing that arbitrator under National Highways Act is bound to follow A&C Act, has held that arbitrator is mandat.....
Tags : Himachal Pradesh High Court, Arbitrator, National Highway Act
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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
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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
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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
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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
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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
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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
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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
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Del. HC: Mandate of Arbitral Tribunal Can be Extended by Court, Even After its Expiry(24.06.2024)
Delhi High Court has held that the court is fully empowered to extend the mandate, even after the expiry of the mandate of the tribunal under Section .....
Tags : Delhi High Court, Arbitral Tribunal, S. 29A(4) of A&C 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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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
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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
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Bom. HC: Change in Social Policy After Change in Government is Not per se Arbitrary(22.06.2023)
Bombay High Court has held that a change in social policy followed by a change in government is part of the democratic process and a change in impleme.....
Tags : Bombay High Court, Social Policy, Government, Arbitrary
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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
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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
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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
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Karnataka HC: Executing Court Cannot Modify Arbitral Award on the Basis of Memo(10.06.2022)
Karnataka High Court has held that in absence of an application filed under Section 33 of the Arbitration and Conciliation Act, 1996 for correction of.....
Tags : Karnataka High Court, Arbitral Award, Memo
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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
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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
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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
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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
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Del. HC: Arbitrator Can Declare Terms of Contract Null Even if Not Sought by Party in Pleadings(15.03.2023)
Delhi High Court while observing that it is within the domain of the Arbitrator to interpret the terms of the contract has held that arbitrator can de.....
Tags : Delhi High Court, Arbitrator, Contract, Pleadings
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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
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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
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SC: Only Legally Permissible Grounds Should be Included in Petitions & Appeal u/s 34 & 37 of A&C Act(09.07.2024)
SC has observed that bulky and lengthy submissions in arbitral proceedings make arbitral procedure inefficient, unfair and waste Court’s time. It is i.....
Tags : Supreme Court, Arbitral Proceedings, Legally Permissible Grounds
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Himachal Pradesh High Court: Onus Upon Arbitrator to Perform Task Within Time(10.07.2024)
Himachal Pradesh High Court while criticizing the callous attitude of an arbitrator appointed by the Central Government, has observed that the onus is.....
Tags : Himachal Pradesh High Court, Arbitrator
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Cal HC: Unilateral Appointment Renders Arbitrator Ineligible Even Without Further Allegation of Bias(10.07.2024)
Calcutta High Court has held that even a unilateral appointment of an Arbitrator, without any further allegation of bias, renders the Arbitrator ineli.....
Tags : Calcutta High Court, Unilateral Appointment, Arbitrator
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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
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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
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Del. HC: Court to Take up Matter Referred to Arbitral Tribunal if Urgency Occurs(19.07.2024)
Delhi HC has held that if party is able to convince the Court that by the time application is taken up by the Arbitral Tribunal, the prejudice that ma.....
Tags : Delhi High Court, Arbitral Tribunal, Prejudice
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SC: Intricate Enquiry Whether Claims are Time Barred Must Not be Conducted by Referral Courts(19.07.2024)
Supreme Court while deciding an application on appointment of arbitrator, has held that an intricate evidentiary enquiry must not be conducted by the .....
Tags : Supreme Court, Appointment of Arbitrator, Referral Courts
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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
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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
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Del HC Dismisses Petition Challenging RBI Notification Withdrawing Rs. 2000 Note from Circulation(03.07.2023)
Delhi High Court has dismissed the PIL moved by advocate Rajneesh Bhaskar Gupta that challenged RBI’s decision to withdraw Rs. 2,000 notes from circul.....
Tags : Delhi High Court, RBI, Withdrawal
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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
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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
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SC: Courts and Arbitral Tribunal Have Duty to Examine the Clauses of Contract(27.08.2024)
Supreme Court while upholding Calcutta High Court’s decision to set aside arbitrator’s decision, has observed that it is the duty of every Arbitral Tr.....
Tags : Supreme Court, Arbitral Tribunal, Legal Relationship
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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
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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
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SC: App. for Extension of Time for Passing Arbitral Award Maintainable Even after Expiry of Period(13.09.2024)
SC has held that application for extension of the time period for passing an arbitral award under Section 29A (4) read with Section 29A (5) of the Arb.....
Tags : Supreme Court, Arbitral Award, Extension of Time
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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
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Del. HC: Arbitral Tribunal Should Not Insist on Production of Document Classified as ‘Top Secret’(26.09.2024)
Del. HC has stated that if any information is stated to be protected and classified as ‘Top Secret’ under the Official Secrets Act, 1923 by Government.....
Tags : Delhi High Court, Arbitral Tribunal, Top Secret
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SC: Can’t Set Aside Arbitral Award Only Because Appellate Court's View is a Better View(30.09.2024)
Supreme Court has observed that merely for the reason that the view of the Appellate Court is a better view than the one taken by the arbitral tribuna.....
Tags : Supreme Court, Appellate Court, Arbitral Award
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Cal. HC: 90 Day Timeline for Completion of Arbitral Proceedings Under MSME Act is Directory(03.10.2024)
Cal. HC has held that under Section 18(5) of MSME Act, the ninety day timeline given for completion of arbitral proceeding is directory, not mandatory.....
Tags : Calcutta High Court, MSME Act, Arbitral Proceeding
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Chhattisgarh HC: Arbitral Award Vitiated by Serious Fraud And Criminal Conspiracy Can be Set Aside(01.07.2022)
Chhattisgarh High Court has held that an arbitral award that is vitiated by fraud and criminal conspiracy would be void and can be set aside, and the .....
Tags : Chhattisgarh High Court, Arbitral Award, Alternative Remedy
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All. HC Stays Judgment that Read Down Regulation 40 (?) of U.P Intermediate Education Act(19.07.2023)
Allahabad High Court has stayed operation of May 2023 single judge judgment that read down Regulation 40(?) of Uttar Pradesh Intermediate Education Ac.....
Tags : Allahabad High Court, Intermediate Education Act, Stayed, Arbitrary
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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
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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
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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 Sets Aside Arbitral Award Requiring Antrix to Pay Over 560 Million USD to Devas Multimedia(30.08.2022)
Delhi High Court has set aside a 2015 arbitral award directing Antrix Corporation Limited, commercial and marketing arm of ISRO, to pay US$ 562.2 mill.....
Tags : Delhi High Court, Arbitral Award, Antrix Corporation
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SC: Arbitrators Can’t Unilaterally Fix Their Fee as it Violates Party Autonomy(31.08.2022)
Supreme Court has held that arbitrators do not have the power to unilaterally fix their fees without the consent of the parties. The Court also held t.....
Tags : Supreme Court, Arbitrators, Fees
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SC: Arbitrator Has Discretion to Award Post-Award Interest on Part of The Sum(02.09.2022)
Supreme Court has held arbitrator has the discretion to determine the rate of reasonable interest, the sum on which the interest is to be paid, that i.....
Tags : Supreme Court, Arbitrator, Discretion
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SC: Arbitrator Has Discretion to Award Post-Award Interest on Part of The Sum(02.09.2022)
Supreme Court has held arbitrator has the discretion to determine the rate of reasonable interest, the sum on which the interest is to be paid, that i.....
Tags : Supreme Court, Arbitrator, Discretion
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SC: Court Can’t Modify Arbitral Award U/S 34, 37 of Arbitration Act(13.07.2022)
Supreme Court has held that under Section 34 or 37 of Arbitration and Conciliation Act, a Court cannot modify the award passed by the Arbitrator, it c.....
Tags : Supreme Court, Arbitral Award, Modify, Remand
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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
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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
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Cal. HC to Centre: Probe Fraud Committed by Railways to Obtain Favorable Award(09.08.2023)
Calcutta High Court while unconditionally stayed an arbitral award granted in favour of South Eastern Railways on ground of fraud perpetrated by collu.....
Tags : Calcutta High Court, Arbitral Award, Collusion, Fraud
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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
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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
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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
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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
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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
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Kar. HC: Constitution of Arbitral Tribunal Doesn’t Restrict Application for Interim Relief by Court(25.07.2022)
Karnataka High Court has held that the restriction contained under Section 9(3) of the Arbitration and Conciliation Act, 1996 would not apply once an .....
Tags : Karnataka High Court, Interim relief, Arbitral Tribunal
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Delhi HC: Unilateral Constitution of a Narrow Panel of Arbitrators Violates Impartiality(25.08.2022)
Delhi High Court has held that power conferred on one party to unilaterally choose names from a panel of arbitrators and forwarding it to the other pa.....
Tags : Delhi High Court, Arbitrators, Impartiality
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SC: Award Shall Not be held Invalid Merely Because it Doesn’t Measure Up in Quality to Legal Mind(25.09.2023)
Supreme Court while observing that an award which doesn’t measure up in quality to a legal mind wouldn’t be held to be invalid on this score, has held.....
Tags : Supreme Court, Arbitrator, Approach, Equity
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All. HC: Scheme of A&C Act Put no Limitation for Application of Doctrine of Severability to an Award(25.09.2023)
Allahabad High Court has held that scheme of the Arbitration and Conciliation Act, 1996 does not put any limitation on power of the court to apply the.....
Tags : Allahabad High Court, Doctrine of Severability, Arbitral Award
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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
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Del. HC: Claims Settled Under RP Becomes Non-Arbitrable(13.10.2023)
Delhi High Court has held that the IBC and resolution process doesn’t contemplate matters being left inchoate and exhorts one to accept the seal of fi.....
Tags : Delhi High Court, Resolution Plan, Non-Arbitrable
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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
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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
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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
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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
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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
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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
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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
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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
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SC: Court While Considering Application for Appointment of Arbitrator Can’t Go into Merits of Claim(25.11.2022)
Supreme Court has held that while considering an application seeking appointment of arbitration, the Court cannot go into question of novation of cont.....
Tags : Supreme Court, Novation, Arbitrator
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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
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Delhi HC: Arbitral Tribunal Cannot Recall the Order Terminating the Arbitral Proceedings(20.10.2022)
Delhi High Court has observed that once the arbitral tribunal terminates the arbitration proceedings on account of claimant withdrawing its claims, it.....
Tags : Delhi High Court, arbitral, termination
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Delhi HC: Notice Stating Right To Initiate Arbitration Not A Notice U/S 21 A&C Act(20.10.2022)
Delhi High Court has held that a notice issued by a party, stating its right to initiate arbitral proceedings, which it would subsequently initiate if.....
Tags : Delhi High Court, arbitral
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Madhya Pradesh HC: Delegation of Work Shall not Lead to Arbitrary Reduction of Contract Wages(22.01.2024)
Madhya Pradesh High Court has held that contract wages of employees cannot be reduced arbitrarily and illegally in case of delegation of work.
Tags : Madhya Pradesh High Court, Contract Wages, Arbitrary Reduction
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Calcutta High Court: Intention to Arbitrate Must be Clearly Stated by Parties Within Agreement(23.01.2024)
Calcutta High Court has held that parties to an arbitration agreement should clearly state their intentions to arbitrate and should abstain from using.....
Tags : Calcutta High Court, Intention to Arbitrate, Agreement
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Delhi HC: Party Can’t Challenge Arbitral Award After Receiving Payment of Decided Amount(29.01.2024)
Delhi High Court has held that a party that has received payment in terms of an arbitral award cannot challenge the award with respect to the disallow.....
Tags : Delhi High Court, Arbitral Award, Disallowed Claims
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Del HC: Party’s Agreement to Constitute Arb. Tribunal Precludes Them From Opposing Arbitrator’s App.(20.02.2024)
Delhi High Court has held that if once a party has agreed on constituting an arbitral tribunal then it is prohibited from subsequently opposing the ap.....
Tags : Delhi High Court, Arbitrator’s Appointment, Arbitral Tribunal
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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
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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
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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
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Delhi HC: Challenge Relating to Bias of an Arbitrator Can’t be Raised U/S 14 of A&C Act(12.12.2022)
Delhi High Court has held that a challenge to the mandate of arbitrator on the ground of bias and a justifiable doubt with respect to the independence.....
Tags : Delhi High Court, Arbitrator, Bias
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MP HC: Can’t Object to Jurisdiction After Participating in Arbitral Proceedings Without Protest(14.12.2022)
Madhya Pradesh High Court has held that a party which has participated in the arbitration proceedings without any protest or challenge as to the juris.....
Tags : Madhya Pradesh High Court, Arbitral Proceedings, Jurisdiction, Protest
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SC: Execute Arbitral Award Secured by DAMEPL Against DMRC in 3 Months(15.12.2022)
Supreme Court has directed execution of Rs 7,200 crore arbitral award won by Delhi Airport Metro Express Private Limited (DAMEPL) against State-owned .....
Tags : Supreme Court, DMRC, Arbitral Award
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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
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Del HC: Decision to Limit No. of Visits by Family/Legal Advisors With Prisoners Not Arbitrary(21.02.2023)
Delhi High Court has held that Delhi Government's decision to restrict the total number of visits by family members, relatives, friends and legal advi.....
Tags : Delhi High Court, Arbitrary, Visits, Prisoners
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Guj. HC Directs Compensation of Rs. 10 Lakh Each to Kin of Deceased in Morbi Bridge Collapse Tragedy(23.02.2023)
Gujarat High Court has directed M/s Ajanta to pay Rs. 10 lakh each to the next of kin of the deceased/victims, and Rs. 2 lakh each to the injured as i.....
Tags : Gujarat High Court, Morbi Bridge Collapse, Compensation
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Delhi HC: Arbitrator Can’t Set Aside Sale Notice Issued by Secured Creditor Under SARFAESI Act(23.02.2023)
Delhi High Court has held that matter of a sale notice issued by secured creditor under Section 13(4) of SARFAESI Act is not arbitrable at all, and th.....
Tags : Delhi High Court, SARFAESI, Sale Notice, Arbitrator
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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
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HP HC: Person Ineligible to Act as Arbitrator Can’t Appoint Another Arbitrator for Deciding Dispute(01.03.2023)
Himachal Pradesh High Court has held that any appointment of other person as arbitrator by person who is himself ineligible to act as an Arbitrator fo.....
Tags : Himachal Pradesh High Court, Arbitrator, Dispute
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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
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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
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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
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Allahabad HC: In Execution Proceedings, Challenge Cannot be Made to Arbitral Award u/s 47 of CPC(18.04.2024)
All. HC has held that in execution proceedings under Section 36 of Arbitration and Conciliation Act, 1996, questions to be decided are limited to matt.....
Tags : Allahabad High Court, Execution Proceedings, Arbitral Award, Section 47
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Cal. HC: To Prevent Arbitral Awards from Becoming Meaningless They Should be Made Real(19.04.2024)
Calcutta High Court while hearing an application under Section 9 of the Arbitration and Conciliation Act, 1996, has held that serious attempts must be.....
Tags : Calcutta High Court, S.9 of A&C Act, Arbitral Awards
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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
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SC: It is Up to the Arbitral Tribunal to Adjudicate Upon Construction of Terms of Contract(10.05.2024)
SC has held that it is for Arbitral Tribunal to adjudicate upon construction of terms of a contract. If Arbitral Tribunal takes a particular view on i.....
Tags : Supreme Court, Terms of Contract, Arbitral Tribunal, Section 34 of A&C Act
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AP HC: App. u/s 11(6) Can Only be Maintained if Parties Fail to Refer Dispute to Arbi. Even After Not(15.05.2024)
AP HC has held that, for maintaining an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 it is required to be shown that .....
Tags : Andhra Pradesh High Court, S. 11(6) of A&C Act, Arbitrator
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Del. HC Quashes Order Upholding Arbitral Award Directing SpiceJet to Pay ?270 Cr. to Kalanithi Maran(22.05.2024)
Delhi High Court has set aside an order that upheld an arbitral award, directing SpiceJet and its chairman, Ajay Singh to pay an amount of ? 270 Crore.....
Tags : Delhi High Court, Arbitral Award, SpiceJet
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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
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Cal. HC: Award Passed by Unilaterally Appointed Arbitrator is Null(13.04.2023)
Calcutta High Court has observed that a unilaterally appointed award does not carry the privilege of existence in the eyes of the law and is regarded .....
Tags : Calcutta High Court, Unilateral Appointment, Arbitrator, Enforcement
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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
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Delhi HC: Can Pass Attachment Order Before Award by Arbitral Tribunal if Circumstances Warrant So(17.04.2023)
Delhi High Court while observing that attachment order can be passed before an award is rendered by Arbitral Tribunal if circumstances so warrant, has.....
Tags : Delhi High Court, Arbitral Tribunal, Attachment Order
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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
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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
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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
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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
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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
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Del. HC: Arbitral Tribunal Awarding Damages for Loss of Profit is Illegal if it Contradicts Contract(02.08.2024)
Delhi High Court has held that if the Arbitral Tribunal decides to award damages for loss of profit, such decision shall be vitiated by patent illegal.....
Tags : Delhi High Court, Arbitral Tribunal, Contract
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Del. HC: Time from Petition u/s 34 of A&C Act to 2015 Amendment Act Excluded from Limitation Period(10.07.2024)
Delhi High Court has held that, for enforcement of an arbitral award, time period beginning from the filing of petition under Section 34 of the Arbitr.....
Tags : Delhi High Court, Limitation Period, Arbitral Award
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SC: Parties Challenging Arbitral Award after Limitation Period Can’t Seek Benefit u/s 4 of Limitation(11.07.2024)
Supreme Court has restated that a party challenging an arbitral award beyond the limitation period of three months by using 30 day extension period gi.....
Tags : Supreme Court, Limitation Period, Arbitral Award
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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
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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
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SC: Arbitral Tribunal or Courts Not Permitted to Grant Interest Upon Interest(08.08.2024)
Supreme Court has held that ordinarily courts are not supposed to grant interest on interest except where it has been specifically provided under the .....
Tags : Supreme Court, Arbitral Tribunal, Interest
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SC Determines the Conversion Rate of Foreign Award Expressed in Foreign Currency to Indian Rupees(12.08.2024)
SC has held that statutory scheme makes a foreign arbitral award enforceable when objections against it are finally decided. Therefore, as per A&C Act.....
Tags : Supreme Court, Foreign Arbitral Award, Conversion Rate
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Del. HC: Anti-Enforcement Injunc. Can be Granted Against Proc. Threatening Arbitral Process in India(22.08.2024)
Del. HC has held that if proceedings in a foreign Court, or any order/decree passed by a foreign Court, threatens to prejudice or derail arbitral proc.....
Tags : Delhi High Court, Arbitral Process, Anti-Enforcement Injunction
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Calcutta HC: Award Holder U/S 36 of Arbitration Act Entitled To Be Secured Of Entire Award Value(23.06.2022)
Calcutta High Court has held that award holder has the statutory safeguard under Section 36 of Arbitration and Conciliation Act to secure the entire a.....
Tags : Calcutta High Court, Arbitral Award, Secure
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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
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All. HC: Retroactive Application of Rulings to Arbitral Awards Would Create Legal & Procedural Chaos(21.10.2024)
All. HC has observed that if parties were allowed to reopen concluded arbitrations based on new judicial rulings, it would lead to a flood of claims s.....
Tags : Allahabad HC, Arbitral Awards, Retroactive Application
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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
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Delhi High Court: Arbitral Award Set Aside Due to Failure of Arbitrator to Disclose Conflict(10.10.2024)
Delhi High Court while setting aside the arbitral award due to failure on part of arbitrator to disclose conflict, has held that the duty of arbitrato.....
Tags : Delhi High Court, Arbitral Award, Disclosure
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SC: By Operation of S. 31(7)(b), Sum Directed to be Paid Under Arbitral Award Shall Carry Interest(14.10.2024)
Supreme Court has held that by operation of Section 31(7)(b) of the Arbitration and Conciliation Act, 1996, the first principle is that the sum direct.....
Tags : Supreme Court, Interest, Arbitral Award
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SC: By Operation of S. 31(7)(b), Sum Directed to be Paid Under Arbitral Award Shall Carry Interest(14.10.2024)
Supreme Court has held that by operation of Section 31(7)(b) of the Arbitration and Conciliation Act, 1996, the first principle is that the sum direct.....
Tags : Supreme Court, Interest, Arbitral Award
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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
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