19 September 2022


Search Results for Tag : arbitration

Blast from the Past

Party partaking in arbitration waives right to object validity(21.02.2002)

By participating in arbitration proceedings without protest, or objection before a court at the initial stage, a party is deemed to have waived its ri.....

Tags : arbitration, jurisdiction, acquiescence, participation, without protest

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Top Story

Global Conference on Strengthening Arbitration and Enforcement in India(21.10.2016)

The National Institution for Transforming India (NITI Aayog) organised a three day Global Conference for strengthening National Initiative towards Str.....

Tags : Conference, Arbitration, Strethening

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Notifications & Circulars

Constitution of high level committee to review Institutionalization of Arbitration Mechanism in India(29.12.2016)

Justice Dispensing System in India has come under great stress for various reasons including huge pendency of cases in various courts. The injustice i.....

Tags : Committee, Constitution, Arbitration

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Cabinet approves Ordinance to set up a New Delhi International Arbitration Centre(28.02.2019)

In order to make India a hub of institutionalised arbitration, Union Government has approved promulgation of an Ordinance for establishing New Delhi I.....

Tags : Arbitration Centre, Ordinance, Approval

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New Delhi International Arbitration Centre Bill, 2019 gets Cabinet’s nod(12.06.2019)

The Union Cabinet chaired by Prime Minister approves New Delhi International Arbitration Centre Bill, 2019 (NDIAC) to achieve aim of making India a hu.....

Tags : Arbitration Centre, Bill, Approval

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Comments invited on the working paper of the high level committee to review the Institutionalisation of Arbitration Mechanism in India by 7 April 2017(16.03.2017)

The Government of India has emphasised the need for promoting arbitration as a preferred dispute resolution mechanism for commercial disputes. Pursuan.....

Tags : Arbitration, Mechanism, Institutionalisation, Review

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NITI Aayog Organises Workshop on Best Practices in International Arbitration(10.10.2018)

The NITI Aayog and ICC International Court of Arbitration organised the inaugural Training-cum-Brainstorming Workshop on Best Practices in Internation.....

Tags : Workshop, Best Practices, International Arbitration

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Lok Sabha Passes Arbitration and Conciliation (Amendment) Bill, 2021(12.02.2021)

Lok Sabha Passes Arbitration and Conciliation (Amendment) Bill, 2021 repealing the Arbitration and Conciliation (Amendment) Ordinance, 2020 promulgate.....

Tags : Arbitration Act, Amendment

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Ordinances amending arbitration law and creating commercial courts promulgated(23.10.2015)

Continuing with its policy of if you can’t metamorphosise a Bill into an Act use an Ordinance instead, the Union Cabinet approved the promulgation of .....

Tags : Commercial, arbitration, ordinance, high court

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Amendments to the Arbitration and Conciliation Bill, 2015(26.08.2015)

The Union Cabinet approved amendments to the Arbitration and Conciliation Bill, 2015. The changes include having to disclose in writing the existence .....

Tags : Arbitration, bill, 2015, amendments

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Judgments

Two Indian firms may conduct arbitration outside Country and under a foreign law, if there was an agreement to that effect(24.08.2016)

Disputes arose between Appellant and Respondent. Respondent by its letter purported to terminate AGREEMENT-I. Thereafter, Respondent made a request fo.....

Tags : Jurisdiction, Agreement, Arbitration, Assertion

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Once there is an arbitration clause in the agreement, it is obligatory for the court to refer the parties to arbitration in terms of the said agreement(09.11.2021)

The present petition under Article 227 of the Constitution of India impugns the judgment passed by the Additional District Judge, whereby the applicat.....

Tags : Existence, Arbitration clause, Jurisdiction

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Merely because an application is filed under Section 34(4) of the Arbitration Act by a party, it is not always obligatory on the part of the Court to remit the matter to Arbitral Tribunal(03.01.2022)

Present appeal is filed, aggrieved by the order passed by the High Court of in Commercial Arbitration Petition. The High Court was of the view that th.....

Tags : Section 34(4) of the Arbitration Act, Arbitral Tribunal

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Avitel’s petition against arbitral award dismissed(28.09.2015)

The Bombay High Court dismissed Avitel Post Studioz’ petition under the Arbitration and Conciliation Act, 1996 against arbitral awards passed in 2012 .....

Tags : Arbitration, seat, challenge, exclude, jurisdiction

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Opposing an interim injunction does not necessarily constitute submitting a first statement on the substance of the dispute(11.08.2015)

Waiver of a right by a party to enforce the arbitration agreement must be gathered from the facts and circumstances of the case. The Court noted that .....

Tags : arbitration, waive, right, first statement

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District courts 'principal civil Court' in Bihar(30.07.2015)

The District Court, not the Subordinate court, have original jurisdiction in Bihar for receiving matters under Section 34 of the Arbitration and Conci.....

Tags : arbitration, civil, original jurisdiction

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Supreme Court dismisses UoI plea to hear arbitration dispute with Reliance(22.09.2015)

Noting the “valiant attempt to reopen a question settled twice over, that is by dismissal of both a review petition and a curative petition on the ver.....

Tags : Arbitration, jurisdiction

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Execution of arbitration of arbitral award impermissible without permission of BIFR(08.09.2015)

Mere violation of Indian law is not sufficient to raise an objection for enforcement of the foreign award under Section 48 of the Arbitration Act, 199.....

Tags : Arbitration, sica, foreign, bifr

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Dispute cannot be decided by arbitrator, when Trust Act provides for sufficient remedies to aggrieved persons by giving them right to approach Civil Court(17.08.2016)

In facts of the present case, since parties could not settle disputes/differences and nor could they agree for appointment of arbitrator amicably, Res.....

Tags : Arbitration application, Maintainability, Remedies, Civil Court

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Stalling foreign arbitral award with Indian law rebuked(13.05.2016)

Where parties to a contract choose a seat of arbitration outside India and the law applicable is explicitly not Indian, courts in India do not have ju.....

Tags : Arbitration, abroad, jurisdiction, umpire

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Contract must explicitly bar pendente lite interest to prevent arbitral award(16.03.2016)

An Arbitrator cannot award interest pendente lite if the same is barred expressly by contract. The Supreme Court distinguished an explicit contractual.....

Tags : Arbitration, interest, award, pendente lite

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Arbitration tribunal empowered to recall order ‘in the interest of justice’(08.07.2016)

An arbitration tribunal can exercise its inherent powers to “secure the ends of justice”, the Chhattisdarh High Court said, allowing claims that the t.....

Tags : chhattisgarh, arbitration, order, recall, interest of justice

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Dispute arising under the lease being governed under Transfer of Property Act are arbitrable(18.12.2020)

The Petitioner has instituted present petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitra.....

Tags : Arbitration Clause, Appointment, Arbitrator

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Court refutes arguments transposing arbitration clause from pricing clause(01.07.2016)

An arbitration clause can be incorporated in a contract where reference to the same is made as part of the contract, the Madras High Court reiterated......

Tags : arbitration, clause, incorporation, contract

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Parties to an arbitration agreement have autonomy to decide on both procedural and substantive law(15.12.2016)

In instant case, Parties entered into a contract and disputes arose between them. Contract contained an arbitration Clause and Centrotrade invoked it......

Tags : Arbitration, Procedure, Jurisdiction

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News

DC Federal Judge Refuses To Confirm Arbitration Award To Hardy Oil & Gas(12.06.2018)

United State District Court for the District of Columbia has refused to confirm the arbitration award which would have resulted in Hardy Exploration &.....

Tags : Arbitration

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DC Federal Judge Refuses To Confirm Arbitration Award To Hardy Oil & Gas(12.06.2018)

United State District Court for the District of Columbia has refused to confirm the arbitration award which would have resulted in Hardy Exploration &.....

Tags : Arbitration

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Bombay HC: Arbitration Clause Cannot be Defeated by Adding Cause of Action Beyond its Scope(13.04.2020)

Bombay High Court has held that a litigant cannot be permitted to defeat an arbitration agreement by adding a cause of action in the suit which is not.....

Tags : Bombay High Court, Cause of Action Beyond Arbitration Clause's Scope

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Delhi HC Allows Application to Extend Time for Completion of Arbitration Proceedings(16.04.2020)

Delhi High Court has allowed extension of time in a plea moved under Section 29A(5) of the Arbitration and Conciliation Act, 1996 for concluding the a.....

Tags : Delhi HC, Arbitration

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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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SC: Arbitration Award Fixing Price of Land Can't be Executed Like a Decree(27.04.2020)

Supreme Court has held that an arbitration award fixing the price of the land cannot be executed like a decree for specific performance of sale agreem.....

Tags : Supreme Court, Arbitration Award Fixing Price of Land

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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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Place of Arbitration Doesn’t Ipso Facto Assume Status of Seat: Supreme Court(25.09.2018)

Supreme Court has held that place of arbitration does not ipso facto assume the status of its seat and observed that ‘venue’ cannot be equated with th.....

Tags : Supreme Court, Arbitration

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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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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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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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Supreme Court Lists Out Factors to be Considered by Arbitrator While Awarding Interest(12.10.2018)

Supreme Court has listed factors that must be taken into consideration by the arbitrator while awarding interest, observed that discretion of the arbi.....

Tags : Supreme Court, Arbitration

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Petition Under Section 34 A&C Act Petition not to be Remanded to Arbitrator for Fresh Decision: SC(16.10.2018)

Supreme Court has reiterated that the court while deciding a petition under Section 34 of the Arbitration and Conciliation Act has no jurisdiction to .....

Tags : Supreme Court, Arbitration

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Calcutta HC: Indian Courts Can Grant Anti-Arbitration Injunction Against Foreign-Seated Arbitration(17.08.2020)

Calcutta High Court has ruled that Civil Courts in India do have the power to grant anti-arbitration injunctions against a foreign-seated arbitration,.....

Tags : Calcutta High Court, Anti-Arbitration Injunction

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Delhi HC: 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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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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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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Unsigned Arbitration Agreement Not Invalid in All Cases: Supreme Court(05.11.2018)

Supreme Court has held that the only prerequisite for an arbitration agreement is that it should be in writing and it cannot be said that in all cases.....

Tags : Supreme Court, Unsigned Arbitration Agreement

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Unsigned Arbitration Agreement Not Invalid in All Cases: Supreme Court(05.11.2018)

Supreme Court has held that the only prerequisite for an arbitration agreement is that it should be in writing and it cannot be said that in all cases.....

Tags : Supreme Court, Unsigned Arbitration Agreement

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Unsigned Arbitration Agreement Not Invalid in All Cases:Supreme Court(05.11.2018)

Supreme Court has held that the only prerequisite for an arbitration agreement is that it should be in writing and it cannot be said that in all cases.....

Tags : Supreme Court, Arbitration Agreement

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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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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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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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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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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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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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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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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: 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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Bombay HC: Agreement on Name of Arbitrator Would Not Amount to Waiver of Notice(02.05.2022)

Bombay High Court has observed that simply because the Arbitration agreement provides for the name of the arbitrator, the same would not amount to a w.....

Tags : Bombay High Court, Arbitration and Conciliation Act, 1996, Section 21, Arbitration agreement

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SC: Power of High Courts to Interfere with Arbitration Should be Used Rarely(07.01.2021)

Supreme Court has observed that the power of the High Courts under Article 226/227 of the Constitution of India, 1949 to interfere with an arbitration.....

Tags : Supreme Court, Interference in Arbitration Process

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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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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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New Rules For Expedited And Cost-Efficient ICC Arbitration In Operation From 1 March 2017(10.03.2017)

International Chamber of Commerce (ICC) has introduced new rules for expedited proceedings that apply to all arbitration agreements entered into from .....

Tags : International Chamber of Commerce, Arbitration

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ARBITRATION - Pre-Deposit Clauses to Invoke Arbitration Makes Arbitral Process Ineffective: SC(12.03.2019)

Supreme Court has observed that pre-deposit clauses to invoke arbitration would render the arbitral process ineffective and expensive, and also struck.....

Tags : Supreme Court, Arbitration, Pre-Deposit Clauses

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COMPANY - Arbitration Tribunal Dismisses Punj Lloyd’s Claim Against ONGC(15.03.2019)

An arbitration tribunal has rejected a Rs. 1,320 crores claim filed by engineering, procurement and construction (EPC) contractor Punj Lloyd against O.....

Tags : Arbitration Tribunal, Punj Lloyd, ONGC

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Allahabad HC: Arbitration Under Highways Act Limited to Independent Determination of Compensation(19.02.2021)

Allahabad High Court has ruled that arbitration under section 3-G (5) of The National Highways Act, 1956 is limited to the determination of the fair a.....

Tags : Allahabad High Court, Arbitration Under Highways Act

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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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CIVIL - Delhi HC Stays Appointment of Custodian of Undertakings of International Arbitration Centre(11.03.2019)

Delhi High Court has stayed order appointing Dr. Rajiv Mani, Joint Secretary & Legal Advisor, Department of Legal Affairs, Ministry of Law & Justice a.....

Tags : Delhi High Court, International Arbitration Centre

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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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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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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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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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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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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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Mandate of "Ineligible" Arbitrator u/s 12(5) of Arbitration Act terminates automatically: SC(17.04.2019)

Supreme Court held that ineligibility of a person barred from appointment as an arbitrator under Section 12(5) of the Arbitration and Conciliation Act.....

Tags : Supreme Court, Ineligible Arbitrator, Arbitration Act

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Person Ineligible to be Arbitrator U/S. 12(5) of Arbitration Act can’t Appoint Another Arbitrator: SC(17.04.2019)

Supreme Court has held that the appointment of arbitrator by a person who himself is ineligible to be an arbitrator as per Section 12(5) of Arbitratio.....

Tags : Supreme Court, Ineligible to be Arbitrator, Arbitration Act

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Arbitration: R-Infra Wins Rs. 2950 Cr Arbitration Award Against DMRC Over Airport Metro(12.05.2017)

Reliance Infrastructure (R-Infra) has won a Rs 2,950 crore arbitration award against Delhi Metro Rail Corporation (DMRC) for alleged breach by the lat.....

Tags : Airport Metro, DMRC, Arbitration

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MP HC: Commercial Matters Involving Arbitration Disputes Can Only Be Heard by Commercial Court(05.03.2021)

Madhya Pradesh High Court has held that Commercial matters involving Arbitration disputes can only be heard by Commercial Court of the status of Distr.....

Tags : Madhya Pradesh High Court, Commercial Matters Involving Arbitration Disputes

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SC Suggests Amendments to Sections 11(7), 37 of Arbitration and Conciliation Act(09.03.2021)

Supreme Court has observed that the amendments to Section 11(7) and 37 of the Arbitration and Conciliation Act, 1996 might be necessary so that the or.....

Tags : Supreme Court, Amendments to Arbitration and Conciliation Act

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Arbitral Tribunal Holds Zo Rooms Entitled to 7% Shareholding in $9 Billion Valued-Oyo(09.03.2021)

Arbitral Tribunal, in a tussle between Oravel Stays Pvt Ltd (Oyo) and start-up Zostel Hospitality Pvt Ltd (Zostel), has held that Zo Rooms is entitled.....

Tags : Arbitral Tribunal, Oyo-Zostel Arbitration

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Parliament Passes Arbitration & Conciliation (Amendment) Bill, 2021 for Automatic Stay on Awards(11.03.2021)

Rajya Sabha has passed the Arbitration and Conciliation (Amendment) Bill, 2021 by voice vote. It seeks to amend the Arbitration and Conciliation Act, .....

Tags : Parliament, Arbitration & Conciliation (Amendment) Bill, 2021

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Arbitral Tribunal Awards Tata Motors Rs. 326-cr Claim in Dispute with DTC(18.08.2017)

The Arbitral Tribunal has awarded a claim of nearly Rs. 326 crore to Tata Motors Limited (TML) against DTC towards illegally recovered liquidated dama.....

Tags : Tata Motors, Arbitration

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Lok Sabha Passes New Delhi International Arbitration Centre Bill, 2019(11.07.2019)

Lok Sabha has passed the New Delhi International Arbitration Centre Bill, 2019. The Bill, which replaces an Ordinance promulgated in March this year, .....

Tags : Lok Sabha, New Delhi International Arbitration Centre Bill, 2019

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Bombay HC: NCLAT Has No Jurisdiction Over Petition Under Arbitration Act(14.04.2021)

Bombay High Court has held that the National Company Law Appellate Tribunal has absolutely no jurisdiction over it in a petition under the Arbitration.....

Tags : Bombay High Court, National Company law Appellate Tribunal, Jurisdiction Over Petition Under Arbitration Act

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SC: When Parties Change Venue of Arbitration by Mutual Agreement, New Place is Seat of Arbitration(19.04.2021)

Supreme Court has held that when parties change the 'venue/place of arbitration' by mutual agreement, the new venue/place will become the 'seat of the.....

Tags : Supreme Court, Seat of Arbitration

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SC: HC Should Be Extremely Circumspect in Interfering With Orders Passed Under Arbitration Act(09.04.2021)

Supreme Court has reiterated that a High Court while exercising jurisdiction under Article 226 and 227 of the Constitution of India, 1949 should be ex.....

Tags : Supreme Court, Interfering With Orders Passed Under Arbitration Act

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SC: Existence of Arbitration Clause Does Not Debar Court from Entertaining Writ Petition(14.05.2021)

Supreme Court has observed that the existence of an arbitration clause does not debar the court from entertaining a writ petition in a contractual mat.....

Tags : Supreme Court, Existence of Arbitration Clause

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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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Supreme Court: Termination of Arbitration Proceedings Cannot Be Recalled(16.05.2019)

Supreme Court has noted that the termination of Arbitration proceedings by the Arbitrator under Section 32(2) (c) of the Arbitration and Conciliation .....

Tags : Supreme Court, Arbitration

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President Promulgates Constitution of Commercial Courts , Arbitration and Conciliation Ordinanences(26.10.2015)

President has signed ordinances to amend Arbitration and Conciliation Act and bring into force Commercial Courts, Commercial Division and Commercial A.....

Tags : Arbitration and Conciliation Act, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Bill, 2015

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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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Supreme Court Dismisses Govt.'s Allegation Over RIL Arbitration(23.09.2015)

SC has dismissed Govt.'s allegation of biasness against an arbitrator in an ongoing arbitration to resolve a row with Reliance Industries over Panna-M.....

Tags : SC ,RIL Arbitration ,Panna-Mukta oilfields

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Supreme Court Explains Venue of Arbitration Along With Jurisdiction of High Court(26.07.2019)

Supreme Court has noted that when a place is agreed upon by the parties as the 'venue' of Arbitration, only the High Court having jurisdiction over th.....

Tags : Supreme Court, Arbitration

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Supreme Court Explains Whether Arbitration Clause Can be Invoked After Parties Compromise(01.08.2019)

Supreme Court has ruled that when the parties to a contract containing arbitration clause have settled their differences and have arrived at a comprom.....

Tags : Supreme Court, Arbitration Clause

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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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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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SC: Provisions of Limitation Act Will Apply to Arbitration Proceedings Under MSMED Act(30.06.2021)

Supreme Court held that the provisions of Limitation Act, 1963 will apply to arbitration proceedings initiated under Section 18(3) of Micro, Small and.....

Tags : Supreme Court, Arbitration Proceedings Under MSMED Act

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Bombay 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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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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No Single Arbitration Reference For Disputes Arising Out Of Different Agreements :SC(16.10.2017)

Supreme Court has held that there cannot be a single arbitration reference for disputes arising out of different agreements, even if they are inter-li.....

Tags : Supreme Court, Arbitration

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International Tribunal Fines Antrix With Rs 4,435cr(01.10.2015)

An international arbitration court has imposed Rs 4,435cr fine on Isro's commercial arm, Antrix, as damages to Devas Multimedia in regard to Devas-Ant.....

Tags : international arbitration court, Antrix,Devas Multimedia

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Delhi HC Restrains Vodafone From Seeking Arbitration in Rs 20,000-Crore Tax Dispute Case(23.08.2017)

Delhi High Court has “restrained” Vodafone from going ahead with its arbitration proceedings against India under a treaty with the UK, in the Rs 20,00.....

Tags : Delhi HC, Vodafone, Arbitration

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SIAC Concludes Hearing on Amazon-Future Dispute, to Deliver Judgment in 1 Month(20.07.2021)

Singapore International Arbitration Centre (SIAC) has concluded its hearing on the plea filed by e-commerce major Amazon against the Rs 24,713-crore d.....

Tags : Singapore International Arbitration Centre, Amazon-Future Dispute

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SC: Arbitration Award Which Ignores Vital Evidence in Arriving Decision Can be Set Aside(29.07.2021)

Supreme Court has observed that an arbitration award which ignores vital evidence in arriving at its decision or rewrites a contract is liable to be s.....

Tags : Supreme Court, Arbitration Award

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Supreme Court Announces New Norms for Arbitration Proceedings(08.12.2015)

Supreme Court has announced new norms for hearing arbitration petitions in view of the Arbitration and Conciliation Amendment Ordinance, which came in.....

Tags : Supreme Court, Arbitration and Conciliation Amendment Ordinance

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Delhi HC: Proof Of Injury Necessary For Awarding Damages For Loss of Profits in Arbitration(23.10.2017)

Delhi High Court has held that it is imperative for the claiming party to submit proof of injury suffered in order to successfully claim damages for l.....

Tags : Delhi High Court, Arbitration

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Supreme Court: Arbitration Initiated After Imposition Of Moratorium Under IBC is Non Est in Law(03.11.2017)

Supreme Court has held that arbitration proceedings instituted after the imposition of moratorium under Section 14 of the Insolvency and Bankruptcy Co.....

Tags : Supreme Court, Insolvency, Arbitration

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SC: Additional Evidence in Proceedings u/s 34 Arbitration Act Can be Adduced Only in Exceptional Case(24.09.2019)

Supreme Court has observed that proceedings under Section 34 of Arbitration and Conciliation Act will not ordinarily require anything beyond the recor.....

Tags : Supreme Court, Arbitration and Conciliation Act

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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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Delhi High Court: Scope of Interference with International Commercial Arbitration is Limited(20.01.2020)

Delhi High Court has dismissed a German manufacturer's claim for damages against Bharat Heavy Electricals Limited, India. The Court observed that the .....

Tags : Delhi High Court, International Commercial Arbitration

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Supreme Court: Arbitral Award on the Issue of Limitation is an ‘Interim Award’(24.01.2018)

Supreme Court has held that an award delivered by an arbitrator, which decides the issue of limitation, is an interim award, that can be challenged se.....

Tags : Supreme Court, Arbitration

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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: 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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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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President Gives Nod to SC and ST (Prevention of Atrocities) Amendment Act and others(08.01.2016)

President has given nod to Arbitration and Conciliation (Amendment) Act; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ac.....

Tags : Arbitration and Conciliation (Amendment) Act; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act; Commercial Courts,Commercial Division and Commercial Appellate Division of High Courts Act; Payment of Bonus (Amendment) Act, 2015

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If Agreement Has Exclusive Jurisdiction Clause, Courts Cannot Be Approached: Delhi HC(11.12.2017)

Delhi High Court has dismissed an Application filed under Section 11 of the Arbitration and Conciliation Act, 1996, noting that the agreement specifie.....

Tags : Delhi High Court, Arbitration

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Supreme Court Invalidates Sec 87 of Arbitration & Conciliation Act Inserted through 2019 Amendment(28.11.2019)

Supreme Court has struck down Section 87 of the Arbitration and Conciliation Act, 1996 which was inserted through the 2019 Amendment Act passed by the.....

Tags : Supreme Court, Arbitration

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SC: Arbitration - 2015 Amendment Won't Apply to Section 34 Applications Filed Prior to It(12.11.2021)

Supreme Court has held that the 2015 amendment to Section 34 of the Arbitration and Conciliation Act 1996 will apply only to Section 34 applications t.....

Tags : Supreme Court, Arbitration - 2015 Amendment

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Supreme Court: Arbitration Rulings Should not be Muddled(19.12.2019)

Supreme Court has observed that arbitration awards should be intelligible, reasoned and adequate, in order to avoid wastage of time for the parties co.....

Tags : Supreme Court, Arbitration

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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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Supreme Court: Arbitration Dispute Can't be Raised After Accepting F&F Payment of Contractual Amount(16.02.2018)

Supreme Court has held that the party should not have been permitted to raise arbitration dispute after accepting full and final payment of the contra.....

Tags : Supreme Court, Arbitration

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Supreme Court: Arbitration Award Can be Executed in Court Where Assets Are Located(16.02.2018)

Supreme Court has ruled that an arbitral award can straightaway be filed and executed in the Court where the assets are located, without first obtaini.....

Tags : Supreme Court, Arbitration

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SC Junks Singh Brothers’ Appeal Against Rs. 3500-Cr Arbitral Award To Daiichi(17.02.2018)

Supreme Court has rejected the petition filed by former promoters of Ranbaxy — Malvinder Mohan Singh and Shivinder Mohan Singh — challenging the Delhi.....

Tags : Supreme Court, Arbitration

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SC: Jurisdiction of High Court Hearing An Arbitration Appeal Is Distinct from First Appellate Court(16.11.2021)

Supreme Court has observed that the jurisdiction in a first appeal arising out of a decree in a civil suit is distinct from the jurisdiction of the Hi.....

Tags : Supreme Court, Jurisdiction of High Court Hearing An Arbitration Appeal

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Supreme Court Rules on Limitation Period for Application to Set Aside Arbitration Award(13.08.2018)

Supreme Court has held that limitation period to make application to set aside arbitral award would start running from the date of disposal of the app.....

Tags : Supreme Court, Arbitration Award

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Arbitrator Can’t Issue Further Directions in an Award Without Proper ‘Adjudication': Delhi HC(04.06.2018)

Delhi High Court has held that an arbitrator cannot issue further ‘directions’ in an award based on settlement, without hearing both the parties in a .....

Tags : Delhi High Court, Arbitration

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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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Supreme Court Declares S.4(3)(b) of BPWC Arbitration Tribunal Act Unconstitutional(29.03.2018)

Supreme Court, while holding S. 4(3)(b) of Bihar Public Works Contracts Arbitration Tribunal Act, 2008, unconstitutional, has observed that a provisio.....

Tags : Supreme Court, Arbitration

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Supreme Court: Limitation u/s 34 of Arbitration Act Begins From Date of Delivery of Award Copy(30.03.2018)

Supreme Court has reiterated that the limitation period prescribed under Section 34(3) of the Arbitration and Conciliation Act would commence only fro.....

Tags : Supreme Court, Arbitration

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Oral Evidence in Application to Set Aside Arbitral Award Shouldn’t be Allowed: Supreme Court(21.08.2018)

Supreme Court has held that an application for setting aside an arbitral award will not ordinarily require anything beyond the record that was before .....

Tags : Supreme Court, Arbitration Award

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Supreme Court Says 'No' to Insolvency During Pendency of Proceedings Challenging Arbitral Award(21.08.2018)

Supreme Court has held that an insolvency process cannot be put into operation when there is a pending proceeding challenging the arbitral award.

Tags : Supreme Court, Insolvency, Arbitration

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Supreme Court: No Appointment of Arbitrator If There is Violation of Conditionality Clause(22.08.2018)

Supreme Court has observed that even after the 2015 amendment which inserted sub-section 6A in Section 11 of Arbitration and Conciliation Act, the arb.....

Tags : Supreme Court, Arbitration

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Patna HC: Application u/s 34 Arbitration Act Challenging Arbitral Award is Not Suit(01.02.2022)

Patna High Court has held that an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award is no.....

Tags : Patna High Court, Application u/s 34 Arbitration Act

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Arbitration Amendment Act, SC Says: New S. 36 Apply Even To pending S. 34 Applications(16.03.2018)

SC has clarified that since execution of a decree pertains to the realm of procedure, and that there is no substantive vested right in a judgment debt.....

Tags : Supreme Court, Arbitration

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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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SC: Minimal Interference by Courts in Terms of Section 48 of Arbitration & Conciliation Act, 1996(14.02.2020)

Supreme Court has held that while considering grounds for setting aside a foreign award, Court must warrant minimal interference. The Court has emphas.....

Tags : Supreme Court, Interference by Courts, Arbitration

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Delhi HC: Courts Should Rarely Exercise Power to Prevent Arbitration(25.07.2016)

Delhi HC has said that while courts have power to issue injunction against arbitration proceedings, they should use it rarely and said, "Courts need t.....

Tags : Delhi HC , Arbitration

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International Chamber of Commerce Launches Arbitration Rules 2021(16.12.2020)

International Chamber of Commerce (ICC) has come up with new set of Arbitration Rules 2021 ("ICC Rules 2021") which will come in effect from 01st Janu.....

Tags : International Chamber of Commerce, Arbitration Rules 2021

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SC: ‘Existence of Arbitration Agreement’ Would Include Aspect of Validity of Arbitration Agreement(16.12.2020)

Supreme Court has held that the expression 'existence of arbitration agreement' in Section 11 of the Arbitration and Conciliation Act, 1996 would incl.....

Tags : Supreme Court, Validity of Arbitration Agreement

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Court of Arbitration for Sport Cuts Down Four-Year Ban on Russia from World Athletic Events(18.12.2020)

Court of Arbitration for Sport has cut the four-year ban on Russia competing in international athletic competition because of its state-sponsored dopi.....

Tags : Court of Arbitration for Sports, Ban on Russia from World Athletic Events

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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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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 Agrees to Maintain Confidentiality of Ex- Ranbaxy Promoters in Daiichi Case(04.10.2016)

Delhi HC has allowed application seeking confidentiality of asset declaration made by Malvinder Singh & Shivinder Singh, Ex-Ranbaxy promoters and othe.....

Tags : Delhi HC , Rs. 2562 crore Singapore arbitration award, Ex- Ranbaxy Promoters

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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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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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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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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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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 Interprets Amended Provisions of Arbitration Act(09.01.2017)

Delhi High Court has said that changes made in 2015 to Arbitration Act, under which there is no automatic stay on an award being challenged, would not.....

Tags : Delhi High Court , Arbitration Act, amendment

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Calcutta HC: Application u/s 9 Of A&C Act Can be Filed Where Part of Cause of Action has Arisen(14.10.2020)

Calcutta High Court has observed that an application under section 9 of the Arbitration and Conciliation Act, 1996 can be filed where a part of the ca.....

Tags : Calcutta High Court, Application u/s 9 of the Arbitration and Conciliation Act, 1996

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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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3rd Parties to Arbitration Proceeding May Appeal If They Are Affected By Award: Bombay High Court(12.09.2018)

Bombay High Court has held that a third party to an arbitration proceeding has the right to maintain an appeal under Section 37 of the Arbitration and.....

Tags : Bombay High Court, Arbitration

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Stamp Duty Not Necessary For Enforcement Of Foreign Arbitration Awards In India: Supreme Court(14.09.2018)

Supreme Court has held that payment of stamp duty under the Indian Stamp Act is not necessary for the enforcement of foreign arbitration awards in Ind.....

Tags : Supreme Court, Stamp Duty, Arbitration

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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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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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HC can Execute Foreign Arbitration Award Despite Change in Pecuniary Jurisdiction: Delhi HC(04.12.2018)

Delhi High Court has held that jurisdiction to execute foreign arbitration award continues with the high court, despite the change in pecuniary jurisd.....

Tags : Delhi High Court, Arbitration Award, Pecuniary Jurisdiction

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President Promulgates Arbitration and Conciliation Ordinance, 2020(04.11.2020)

President of India, Mr. Ram Nath Kovind has promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2020, through which changes have been .....

Tags : President of India, Arbitration and Conciliation Ordinance, 2020

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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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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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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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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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Application Under Order 2 Rule 2 CPC can’t be Considered by Court U/S 11 Arbitration Act: Delhi HC(16.11.2018)

Delhi High Court has held that courts cannot consider the question of viability of a claim under Order 2 Rule 2 of Code of Civil Procedure, while hear.....

Tags : Delhi High Court, CPC, Arbitration and Conciliation Act, 1996

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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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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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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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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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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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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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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: 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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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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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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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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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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