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Five recent High Court rulings on arbitration and contractual disputes, spanning challenges to arbitral awards under Section 34, interim measures under Section 9, arbitrability of pre-agreement disputes, contractual modification and novation, and termination of arbitral proceedings under Section 32(2)(c), rounded up from SCC’s High Court Cases (HCC).
by Vasanth Rajasekaran* and Harshvardhan Korada**
The Court relied on Vidya Drolia v. Durga Trading Corpn., (2019) 20 SCC 406., wherein it was held that a claim for infringement of copyright against a particular person is arbitrable, though in some manner the arbitrator would examine the right to copyright, a right in rem.
The limited scope of judicial scrutiny at the pre-referral stage is navigated through the test of a ‘prima facie review’
Supreme Court: Three days after the Court overruled the ratio in Himangni Enterprises v. Kamaljeet Singh Ahluwalia, (2017) 10 SCC 706 wherein it was held
Supreme Court: The 3-judge bench of NV Ramana*, Sanjiv Khanna** and Krishna Murari, JJ has overruled the ratio in Himangni Enterprises v.