arbitration agreement Archives

If arbitrator becomes functus officio, can provisions under Ss. 14 and 15 of the A&C Act to appoint substitute arbitrator be invoked? Allahabad HC decides

Allahabad High Court: Noting the significance of Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, Jayant Banerji, J., expressed

Case Briefs High Courts

Law on appointment of arbitrator | What happens if parties fail to agree on arbitrator within 30 days from receipt of request by one party? Del HC explains

Delhi High Court: Sanjeev Narula, J., allowed an arbitration petition by appointing a sole arbitrator to adjudicate the disputes between the contesting parties.

Case Briefs High Courts

Law on Arbitration | What is the remedy against an order allowing application under S. 8 of Arbitration Act, where existence of arbitration clause is not disputed? Del HC discusses

Delhi High Court: Amit Bansal, J., dismissed a petition challenging the order passed by the lower court whereby respondent’s application under Section

Op Eds OP. ED.

The Milestone Achievement of Amazon in Reinstating the Status Quo of Party Autonomy in Domestic and International Commercial Arbitrations

by Swarnendu Chatterjee*and Sneha Rath**

Case Briefs High Courts

ICADR Rules regarding procedure come into play only after arbitration commences before appropriate jurisdiction of law: Del HC summarises law on seat, venue of arbitration

Delhi High Court: While observing that the role of ICADR Rules shall come into play with regard to the procedure to be

Case Briefs Supreme Court

Chairman of party who entered into arbitration, can he be categorised as eligible under Arbitration and Conciliation Act? SC highlights impartiality of arbitrators as a key element while pronouncing this ruling

Supreme Court: Expressing on the aspect of independence and impartiality of the arbitrators, Division Bench of M.R. Shah and Aniruddha Bose, JJ.,

Case Briefs High Courts

Del HC | Whether once a bench of SC has doubted correctness of an earlier bench of co-equal strength, and referred the issue to a larger bench, Courts lower in hierarchy should continue to follow earlier decision – Is it debatable?

Delhi High Court: C. Hari Shankar, J. observed that, The question of whether, once a bench of the Supreme Court has doubted

Case Briefs Supreme Court

Foreign arbitral award enforceable against non-signatories to agreement; ‘perversity’ no longer a ground to challenge foreign award; tort claims arising in connection with agreement are arbitrable: SC expounds law on foreign awards

Supreme Court: A Division Bench comprising of R.F. Nariman and B.R. Gavai, JJ. held that a foreign arbitral award is enforceable against

Case Briefs High Courts

Del HC | Can a party unilaterally appoint an Arbitrator of their choice? Read on

Delhi High Court: Suresh Kumar Kait, J., reiterated that no party could be permitted to unilaterally appoint an Arbitrator, as the same

Op Eds OP. ED.

Grant of Escalation Charges by Arbitrator: Navigating Beyond the Realms of Contract

by Abhishek Goyal†

Case Briefs Supreme Court

Explained: Maintainability of counter claims in arbitration proceedings under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006

Supreme Court: The bench of Ashok Bhushan and R. Subhash Reddy*, JJ has held that the Micro, Small and Medium Enterprises Development

Alternate Dispute Resolution Case Briefs High Courts

Del HC | Are trademark disputes arbitrable? Court interprets S. 8 of Arbitration Act; differentiates between rights emanating from Trademark Act and Trademark Agreement

Delhi High Court: Jayant Nath, J., observed that the assignment of the trademark is by a contract and not by a statutory

Alternate Dispute Resolution Case Briefs High Courts

Del HC | Can sole arbitrator’s appointment be disputed if he was consultant/advisor to one of the parties to dispute? Court examines

Delhi High Court: J.R. Midha, J., in view of serious doubts on the independence of sole arbitrator as named in the arbitration

Op Eds OP. ED.

Can a non-signatory or confirming party be made party to the arbitration? The position of non-signatory in an arbitration agreement

by Arush Agarwal† and Bhavya Gupta††

Case Briefs High Courts

Del HC | When does ‘Novation’ under the Contract Act takes place? Read while HC examines the scope of S. 8 of Arbitration Act

Delhi High Court: Jayant Nath, J., while addressing the matter stressed upon the essentiality of Novation and Arbitration Agreement. Factual Matrix The

Case Briefs Supreme Court

Why are Landlord-tenant disputes under TP Act arbitrable but those under Rent Acts non-arbitrable? [‘Vidya Drolia’ explainer by Supreme Court]

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