accord and satisfaction

Admiralty Consent Decree
Case BriefsHigh Courts

In considering Section 45 of the Arbitration and Conciliation Act, 1996, the Calcutta High Court held that referring the dispute to arbitration would require it to treat the existing consent decree as non-binding on the charterer, which could not be done at the execution stage in the absence of proceedings to set aside the decree.

appointment of arbitrator in insurance dispute
Case BriefsHigh Courts

The Bombay High Court reiterated that at the Section 11 stage, the Court is concerned only with the existence of an arbitration agreement, leaving disputes relating to repudiation, limitation, and arbitrability for the Arbitral Tribunal.

Reconsidering Referral Jurisprudence in India
Op EdsOP. ED.

by Senu Nizar† and Velpula Audityaa††

Case BriefsSupreme Court

    Supreme Court: In an appeal against the judgment passed by Telangana High Court, wherein the High Court dismissed the application