Delhi High Court Clarifies Scope Of Arbitration Clauses In Insurance Policy Disputes: Arbitration Prevails When Insurer Fights Specific Claims Amidst Admitted Liability(Shivalaya Construction Co. Pvt. Ltd. Vs National Insurance Company Ltd [arb.p. 542/2023])
In a recent ruling, the Delhi High Court provided important guidance on the applicability of arbitration clauses in insurance policy disputes. When an insurer completely denies liability, the dispute cannot be referred to arbitration. However, if the insurer disputes specific claims falling outside the policy’s coverage while admitting overall liability, such disputes are within the […]
Delhi High Court Mandates 30 Days Time Limit For Adjudication Of Stamp Duty Applications(Uno Mida Limited v Deputy Commissioner, Revenue Department (Uno Mida) and Reebok India Company v Govt of NCT of Delhi & Ors (Reebok India))
The lack of a fixed time limit for the adjudication of applications for proper stamp duty under the provisions of the Indian Stamp Act, 1899 has long been a cause of concern, resulting in significant delays in the stamping of instruments. However, in a recent judgment by the Delhi High Court, a crucial step has […]
Supreme Court Asserts Time Limit For Appointment Of Arbitrator In Dispute Resolution [m/s. B And T Ag Versus Ministry Of Defence]
In a recent ruling, the Supreme Court of India has clarified that a plea for the appointment of an arbitrator in a dispute becomes time-barred if one party engages in bilateral discussions for an indefinite period of time without taking appropriate action when a cause of action arises. The Supreme Court, comprising Chief Justice D […]
Possibility Of Future Arbitration Agreement And Mere Mentioning Of “arbitration” And “Arbitrator” Not Enough To Create Mandatory Arbitration “Arbitration”
The High Court, Calcutta, in Blue Star Limited Versus (1) Rahul Saraf, (2) Multiplex Equipments and Services Private Limited (3) Forum Projects Holdings Private Limited has recently encountered a captivating legal issue involving three petitions (A.P. 854 of 2022, A.P. 853 of 2022, and A.P. 852 of 2022) under Section 11 of the Arbitration and […]
Non-signatory Defendants Cannot Be Exposed To Arbitration: Karnataka High Court Rules.
Introduction: In a significant ruling, the Karnataka High Court recently held that non-signatory defendants cannot be compelled to participate in arbitration proceedings under Section 8 of the Arbitration and Conciliation Act (A&C Act). Background of the Case: The case involved a dispute between two parties who had entered into an agreement containing an arbitration clause. […]
Calcutta High Court’s Clarification In East Indian Minerals V. The Orissa Minerals Development”: Section 29a Of The Amendment Act Applies Prospectively
The Calcutta High Court recently addressed the prospective application of amendments to the Arbitration and Conciliation Act, 1996 in East Indian Minerals Limited v. The Orissa Minerals Development Company Limited and Anr. The court rejected the argument that the arbitration agreement allowed for the application of statutory modifications under Section 29A of the Act. This […]
Extraordinary Writ Jurisdiction Of A Constitutional Court Is Guided By Norms Established Under Constitutional Law, Rather Than Contractual Clause Of ‘seat’ As Agreed Under The Contract
[Insights from the case of Durgapur Freight Terminal Vs. Palogix Infrastructure Pvt. Ltd, High Court Delhi]Arbitration agreements commonly include provisions for determining the ‘seat’ and ‘venue’ of the arbitration. The ‘seat’ signifies the legal jurisdiction governing the arbitration proceedings, while the ‘venue’ denotes the physical location where the hearings occur. However, when disputes arise regarding […]
Telangana Hc: Tribunal Lacks Competence To Revive Terminated Arbitration Proceedings
Introduction In the case of M/s. Hyderabad Metropolitan Development Authority v. M/s. Ramky Elsamex Hyderabad Ring Road Limited, the Telangana High Court clarified that an Arbitral Tribunal does not possess the authority to revive terminated arbitration proceedings. The Court emphasized that parties cannot confer jurisdiction contrary to the statutory mandate and held that the participation […]
Calcutta High Court: Section 9 Of Arbitration Act Applicable Even After Passing Of Foreign Awards-Balasore Alloys Limited V. Medima Llc
Introduction In a recent decision, the Division Bench of Calcutta High Court clarified the applicability of Section 9 of the Arbitration and Conciliation Act even after the passing of a foreign award.Background of the Case The dispute before the Court revolved around the question of whether Section 9 of the Arbitration and Conciliation Act applies […]
Supreme Court Clarifies Duty Of Referral Court To Examine Existence Of Arbitration Agreement
Introduction The Supreme Court of India has recently issued a judgment in the matter of Magic Eye Developers Pvt. Ltd. v. M/s. Green Edge Infrastructure Pvt. Ltd. & Ors., in which it has clarified the duty of the referral court to examine the existence of an arbitration agreement. Facts of the Case In the present […]
Validity Of Notice Served Through Electronic Mode: An Evolving Landscape In India
In the past few years, India has witnessed a rapid transformation in the way legal notices are served. With the advent of technology, courts have started acknowledging the validity of notices served through electronic modes such as email, WhatsApp, Telegram, and other tele messenger services. The evolution of this concept can be traced back to […]
