Blogs

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…