Arbitration Clause Extinguishes After Dissolution Of Partnership: Gujarat High Court Rejects S.11 Petition
In a recent ruling, the Gujarat High Court has held that once a partnership at will is dissolved, the arbitration clause contained in the partnership deed cannot be invoked to refer the dispute between the partners to arbitration. The decision was given by Justice Biren Vaishnav in a petition filed under Section 11 of the […]
Bombay High Court Refuses To Foist Unwarranted Arbitration: Shriram Epc Ltd And Anor V Gaja Trustee Co Pvt Ltd
In a recent case, Shriram EPC Ltd and Anor v Gaja Trustee Co Pvt Ltd, the Bombay High Court held that it would not be appropriate to foist unwarranted arbitration on the parties when the cause of action is time-barred or dead. The case involved an application made under section 11(6) of the Arbitration and […]
Arbitrator’s Brief Acceptance From Counsel Of A Party In Unrelated Matter Does Not Lead To Disqualification: Bombay Hc
In a recent case, Quess Corporation v Netcore Cloud Pvt Ltd, the Bombay High Court has held that an arbitrator’s acceptance of a brief from a law firm or advocate representing a party in an arbitration, will not result in disqualification or ineligibility if the matter in which the brief has been accepted is unrelated […]
Supreme Court Rejects Arbitration Clause In Multi-transaction Dispute By Dismissing Application Filed U/s.8 Of A & C, Act
The Supreme Court of India, in a recent judgment, has clarified that a dispute involving multiple transactions with different contracting parties and agreements, of which only one agreement has an arbitration clause, cannot be referred to arbitration if the cause of action for the suit goes beyond the transaction containing the arbitration agreement. In the […]
Madras High Court Reaffirms Non-derogable Bar On Unilateral Appointment Of Sole Arbitrators
In a recent decision, the Madras High Court held that the bar under the Seventh Schedule of the Arbitration and Conciliation Act on appointing sole arbitrators unilaterally is non-derogable. The Court made it clear that no exceptions can be made even for retired High Court judges. The decision was made in the case of Prime […]
Interpreting ‘enforced’ Under Section 9 Of The Arbitration And Conciliation Act, 1996: Madras High Court Holds Section 9 Application Is Maintainable Until Complete Satisfaction Of Award
One of the critical aspects of arbitration is the enforcement of the arbitral award. Once an arbitral award is passed, it becomes binding on the parties involved. However, enforcing an arbitral award can sometimes be a challenging task, and parties may seek interim relief to safeguard their interests. In such cases, Section 9 of the […]
China’s Internet Courts: A Model For Online Dispute Resolution
According to Confucian philosophy, justice is the “real essence” of a progressive society and sustainable social development. The Chinese model of Internet Courts embodies these ideals and is revolutionizing the traditional legal system by providing quick and cost-effective resolution of disputes between commercial entities. Established in Beijing, Guangzhou, and Hangzhou, these courts handle a wide […]
Arbitration Agreement In Unstamped Contract Not Enforceable: Constitution Bench Of Supreme Court Of India
In [NN Global Mercantile Pvt Ltd v. Indo Unique Flame Ltd & ors] the Constitution Bench of the Supreme Court has recently answered the reference regarding the validity and enforceability of the arbitration clause in a contract, which is required to be registered and stamped but is not. The Court held that an instrument that […]
Navigating The Thin Line: The Role Of Courts In Determining Arbitrability
The Indian legal system has had to grapple with the delicate balance between respecting party autonomy and upholding the integrity and effectiveness of arbitration, particularly in the context of determining arbitrability. Arbitrability refers to the question of whether a particular dispute is capable of being resolved through arbitration. It is a threshold issue that must […]
Supreme Court Of India Affirms The Inviolability Of Timelines For Setting Aside Arbitral Awards
The Indian Supreme Court has recently reaffirmed that the timelines for filing a challenge to an arbitral award are sacrosanct and that even days on which the courts are closed will not be permitted to be excluded in counting the timelines. The judgment, Bhimashankar Niyamita vs. Walchandnagar Industries Ltd., serves as a reminder that even […]
Dear CNICA Members,
We are delighted to inform you that the Asian Institute of Alternative Dispute Resolution (AIADR) has offered us three free slots for their upcoming AIADR Mediation Training Course, taking place from 28th April 2023 – 8th May 2023 (via Zoom 10.30 AM to 3.30 PM IST). As a gesture of goodwill, CNICA will be offering […]
