All’s (Not) Well that Ends Well: The Challenge in Enforcing Domestic Awards before Indian Courts
by Ila Kapoor† and Mrinali Komandur††
N.N. Global Dictum: Has the Stamping Issue’s Resolution Opened a Pandora Box?
by Vasanth Rajasekaran †
Cite as: 2023 SCC OnLine Blog Exp 38
Supreme Court Constitution Bench considers the existence of Doctrine of Group of Companies in Indian jurisprudence vis-à-vis Arbitration Act
Group of Companies Doctrine- an Arbitration Agreement entered into by a Company within a group of Companies can bind its non-signatory affiliates, if the circumstances demonstrate that the mutual intention of parties was to bind signatory as well as the non-signatory parties.
Delhi High Court denies relief for specific performance of collaboration agreement in view of the bar under Section 14 (d) Specific Relief Act, 1963
The Collaboration Agreement is a commercial transaction between the private parties and hence the same by its very nature is determinable, even if there is termination clause in the Collaboration Agreement
Non-signatory parties can be subjected to arbitration in accordance with Doctrine of Group of Companies: Delhi High Court
Delhi High Court held that non-signatory or third party could be subjected to arbitration proceedings without their prior consent. It was necessary to examine the touchstone of direct relationship of signatory parties to the arbitration agreement, forming part of a composite transaction.
Delhi High Court clarifies the position of Res Judicata with respect to Section 11 of the Arbitration Act
Delhi High Court was of the view that it would be within its right to dismiss the petition at the threshold if the petition is not maintainable, otherwise an unacceptable position of law would arise where despite a petition being not maintainable due to lack of territorial jurisdiction would need to be entertained.
2023 SCC Vol. 2 Part 3
Arbitration and Conciliation Act, 1996 — Ss. 11, 8 and 16 — Arbitrability — Accord and Satisfaction — Plea of claims being
Why Delhi High Court upheld the award of damages passed by Single Judge on account of mental agony and harassment in the case of a commercial contract?
All that the respondent wished for was a better roof over the head of his family. It was for this objective that the collaboration agreement was devised, but the appellant subjected the respondent to undue harassment on account of his illegal designs which led to the registration of the FIR, and the respondent had to run from pillar to post due to the direct acts of the appellant. Such circumstances do warrant awarding of damages on account of mental agony and harassment.
Can Courts re-appreciate evidence under Section 34 of the Arbitration Act and treat High Courts as regular first Court of Appeal? Sikkim High Court answers in Negative
The Court observed that the Tribunal after holding that there was a fundamental breach of contract, factored in the contributory delay caused by the appellant and fairly awarded ‘Loss of Profit’ by slashing it to 50% of the original claim put forth by the appellant.
Recovering Foreign Award Debts in Insolvency Proceedings
by Kartikey Mahajan, Siddhant Sharma and Jatan Rodrigues
Cite as: 2022 SCC OnLine Blog Exp 87
Mandatory and Directory Provisions under the Arbitration and Conciliation Act, 1996
by Manavendra Mishra† and Alok Vajpeyi††
Explained| Three types of issues that can be considered in an application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996
Supreme Court: In an appeal against the judgment passed by Telangana High Court, wherein the High Court dismissed the application
Supreme Court| Existence of arbitration agreement does not bar reference to Facilitation Council; MSMED Act has an overriding effect over the provisions of the Arbitration Act, 1996
Supreme Court: The division bench of Uday Umesh Lalit, C.J. and Bela M. Trivedi*, J. has held that the provisions
Conundrum between Arbitration Act and MSME Act – An Analysis
by Swarnendu Chatterjee† and Dhriti Bole††
Cite as: 2022 SCC OnLine Blog Exp 58
Telangana HC | Interim protection under S. 9 A&C Act for a commercial dispute to be sought in a commercial court only
Telangana High Court: The Division Bench of P. Naveen Rao and Sambasivarao Naidu, JJ. allowed the appeal and set aside the impugned
Emergency arbitrator’s award is referable to S. 17(1) of Indian Arbitration Act; enforceable under S. 17(2): Scopious analysis of landmark SC ruling in favour of Amazon in dispute with Future Retail
Supreme Court: Holding that an award passed by Emergency Arbitrator is enforceable under the Arbitration and Conciliation Act, 1996, a Division Bench
Party Autonomy or Contracting out of Indian Courts — Analysis of PASL Wind Solutions (P) Ltd. v. GE Power Conversion (India)(P) Ltd.
by Lakshmi Subramaniam Iyer* and Aishwarya Dash**
“Complex” questions involving novation of contract can’t be decided by Court under Section 11 of the Arbitration and Conciliation Act: Supreme Court
“Detailed arguments on whether an agreement which contains an arbitration clause has or has not been novated cannot possibly be decided in exercise of a limited prima facie review as to whether an arbitration agreement exists between the parties.”
Short delay in filing appeals under section 37 of the Arbitration Act can be condoned in exceptional cases. Here’s why Supreme Court overruled N.V. International verdict
Supreme Court: The 3-judge bench of RF Nariman, BR Gavai and Hrishikesh Roy, JJ has held that given the object of speedy