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‘A reference to the document in the contract should be such that shows the intention to incorporate the arbitration clause contained in the document into the contract’
The Court noted that, “To attract curial intervention, it must be established that the breach of the rules of natural justice must, at the very least, have actually altered the final outcome of the arbitral proceedings in some meaningful way”.
Bombay High Court directed MCIA to substitute the arbitrator and appoint an independent arbitrator to continue with the arbitral proceedings.
by Abhijnan Jha†, Bhagya K. Yadav†† and Pranav Tomar†††
by Vasanth Rajasekaran† and Harshvardhan Korada††
Cite as: 2024 SCC OnLine Blog Exp 1
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2023 SCC OnLine Blog Exp 89
The objection raised was on the ground that, although the applicants and respondent 2 formed a partnership to enter into the investment agreement with respondent 1, the notice invoking arbitration was issued only on behalf of the applicants and that respondent 2, despite being a partner, did not join in issuing the invocation notice.
“The concept of separability or severability of an arbitration agreement from the underlying contract is a legal fiction which acknowledges the separate nature of an arbitration agreement. The separate nature of the arbitration agreement from the underlying contract is one of the cornerstones of arbitration law”
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2023 SCC OnLine Blog Exp 83
Bombay High Court held the instant applications under Section 11 of Arbitration Act as non-maintainable and dismissed the said applications.
At this juncture, examining whether the petition filed before the NCLT can be said to be a ‘dressed-up’ petition, would necessarily require a detailed exercise to be carried out by this Court to render findings either way clearly impinging upon the exclusive jurisdiction of the NCLT in deciding such a question.
A quick legal roundup to cover important stories from all High Courts in July 2023.
A quick legal roundup to cover important stories from all High Courts this week.
by Puneeth Ganapathy*
by Vasanth Rajasekaran†
Cite as: 2023 SCC OnLine Blog Exp 57
In the case at hand, the Delhi High Court had referred the disputes for arbitration without conclusively deciding the issue of the existence and validity of an arbitration agreement and had left it to be decided by the arbitral tribunal.
by Vasanth Rajasekaran†
Cite as: 2023 SCC OnLine Blog Exp 50
by Ila Kapoor† and Mrinali Komandur††
Cite as: 2023 SCC OnLine Blog Exp 42
by Vasanth Rajasekaran †
Cite as: 2023 SCC OnLine Blog Exp 38
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.