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…
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…
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…
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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
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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
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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…
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
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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
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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
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