[This guest post is authored by Suvanwesh Das. He is a 3rd year B.B.A., LL.B. student at National Law University Odisha] Arbitration agreements, like any other contract, can be overridden by another agreement between the Parties. If the original contract is terminated in its whole, the arbitration agreements contained in such contract may also deemed … Continue reading Does an Extension Agreement Need a Specific Arbitration Clause?
Section 11
BSNL v. Nortel: Supreme Court on Limitation Period for Section 11 Applications and Refusal of Ex-facie Time Barred Claims
[This guest post is authored by Paridhi Galundia. She is currently studying in the 4th Year of her B.A.LLB (Hons.) at Institute of Law, Nirma University] BSNL v. Nortel: Supreme Court on Limitation Period for Section 11 Applications and Refusal of Ex-facie Time Barred Claims In one of her last judgments, Bharat Sanchar Nigam Ltd. … Continue reading BSNL v. Nortel: Supreme Court on Limitation Period for Section 11 Applications and Refusal of Ex-facie Time Barred Claims
2019 Amendments: Will parties be able to appoint foreign arbitrators in India-seated arbitrations?
[This guest post has been authored by Vedanta Vishwakarma and Sarthak Punetha, both studying in the penultimate year at Gujarat National Law University (GNLU), Gandhinagar. They have a keen inclination towards arbitration and commercial dispute resolution.] 2019 Amendments: Will parties be able to appoint foreign arbitrators in India-seated arbitrations? The Arbitration & Conciliation Act, 1996 (Arbitration … Continue reading 2019 Amendments: Will parties be able to appoint foreign arbitrators in India-seated arbitrations?
The Fate of Unilaterally Appointed Sole Arbitrators in India: Part – II
[This is the second part of the author's composite article originally published here on Lexology.] In the first part of this post, the Supreme Court’s decision in Perkins was analyzed in light of the parties’ right to choose an appointment procedure under Section 11(2) and the specific legislative purport of Section 12. This part attempts … Continue reading The Fate of Unilaterally Appointed Sole Arbitrators in India: Part – II
(Via Lexology) The Fate of Unilaterally Appointed Sole Arbitrators in India: Part – I
[This is the first part of the author's composite article originally published here on Lexology.] For arbitration clauses allowing only one party to appoint the sole arbitrator, the Supreme Court observed in Perkins Eastman Architects DPC & Anr. v HSCC (India) Limited[1] (Perkins) that the appointing party’s choice will always have an element of exclusivity … Continue reading (Via Lexology) The Fate of Unilaterally Appointed Sole Arbitrators in India: Part – I
[Via ILO] Insufficiently stamped agreements: can parties still seek interim relief in support of India-seated arbitrations?
[This post was originally published here as an update by International Law Office (ILO)] In 2019 a three-judge bench (full bench) of the Bombay High Court had to decide whether the courts can exercise their power to grant interim or ad interim reliefs under Section 9 of the Arbitration and Conciliation Act 1996 where the arbitration … Continue reading [Via ILO] Insufficiently stamped agreements: can parties still seek interim relief in support of India-seated arbitrations?
Court’s Power under Section 11 when a Party Challenges the Discharge of a Contract Containing an Arbitration Clause
[This post is co-authored by our guest, Manasi M. Kalvit. Manasi is a lawyer with the Dispute Resolution team at Tatva Legal, Mumbai and can be reached at manasikalvit@gmail.com] In United Insurance Co. Ltd v. Antique Art Exports Pvt. Ltd., the Supreme Court refused to appoint an arbitrator on grounds that the underlying … Continue reading Court’s Power under Section 11 when a Party Challenges the Discharge of a Contract Containing an Arbitration Clause
Court’s Role in Appointing Arbitrator when the Contract is Insufficiently Stamped: Then and Now
Recently, in Damont Developers v Brys Hotels[i] (Damont Developers), the Delhi High Court appointed an arbitrator under Section 11 of the Arbitration and Conciliation Act 1996 (Arbitration Act) even though the memorandum of understanding (MoU) containing the arbitration clause was alleged to be insufficiently stamped. The Delhi HC observed that it is well within an … Continue reading Court’s Role in Appointing Arbitrator when the Contract is Insufficiently Stamped: Then and Now
Oral Arbitration Agreements and High Courts’ Power to Recall an Order Appointing Arbitrator under Section 11
Last month, the Supreme Court reaffirmed in Municipal Corporation of Greater Mumbai & Anr. v. Pratibha Industries Ltd (Pratibha Industries) that High Courts, being courts of record, have the inherent power to recall their own orders, even in matters falling under the Arbitration and Conciliation Act, 1996 (Arbitration Act). In a peculiar factual matrix of … Continue reading Oral Arbitration Agreements and High Courts’ Power to Recall an Order Appointing Arbitrator under Section 11
IAB Annual Review: India’s Key Judicial Developments on Arbitration Law in 2018
2018 was a rather interesting year for India’s evolving arbitration landscape. Among other things, last year witnessed several clarificatory decisions on arbitration that were much needed for much long. While Parliament was preparing to enact yet another amendment to the Arbitration and Conciliation Act, 1996 (Arbitration Act), Indian courts continued to interpret and flesh out … Continue reading IAB Annual Review: India’s Key Judicial Developments on Arbitration Law in 2018
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