action in personam

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.

Cancellation of Deed is an action in personam
Case BriefsSupreme Court

The appellant had raised an objection raised on application of Section 8 of the Arbitration Act, that ‘the cancellation of a document relating to immovable property i.e. land was sought and therefore it amounts to an action in rem and hence, the matter was non-arbitrable.’

Case BriefsSupreme Court

Supreme Court: Refusing to hold an action instituted under section 31 of the Specific Relief Act, 1963 as an action in rem,