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“The agreement executed between the parties is not disputed. This fact is not in dispute that the contract of the petitioner has been terminated and the money has been forfeited by the respondents in the month of October, 2019.”
“The High Court erred in bisecting the claim of the appellant into two parts, one arbitrable and the other non- arbitrable, when it found arbitration agreement to be there for settlement of disputes between the parties.”
“The provisions of CPC are only applicable to the extent of ‘enforcement’ of an award which are reflected in Order 21 of CPC. The legislature did not intend to permit a challenge an award during enforcement proceedings again on merits as it would be contrary to the objectives of the A&C Act which aims to ensure finality and limited judicial interference.”
by Prerana Priyanshu* and Asad Hussain**
By the Moot Court Committee, Department of Law, University of Calcutta [May 17 – 18 & June 4; Hybrid; Cash Prizes Upto Rs. 1.13L]: Register by May 9!
by Bhavya Shukla*, Yogendra Aldak** and Tamanna Sharma***
by Raghav Mittal*
by Sanjeev Kumar* and Anshul Sehgal**
Arbitration and Conciliation Act, 1996 — Ss. 7, 34 and 37 — Arbitration agreement — Bindingness of, on non-signatory — Group of Companies Doctrine
Arbitration and Conciliation Act, 1996 — S. 11(6) — Limited scope of jurisdiction of Court
“Let us collectively translate this wisdom into action and showcase the best legal template to the 21st-century world.”
The arbitration would take place under the aegis of the Delhi International Arbitration Centre and would abide by its rules and regulations.
Arbitration and Conciliation Act, 1996 — Ss. 11, 8 and 11 — Parties to arbitration proceedings — Arbitration agreement/clause
by Abhisaar Bairagi*, Milind Sharma** and Ausaf Ayyub***
by Vasanth Rajasekaran* and Harshvardhan Korada**
Conversion rate of foreign currency for computation of awarded amount must be considered
The Court observed that though the appellant contended that the net worth of the company is Rs.91 crores and is not a fly-by-night company, no physical assets or any other alternative security is provided either before the Single Judge or before the present Court.
In association with ProUltimus Consulting, PHD Chamber of Commerce and Industry (PHDCCI) organised the conference on ‘Dispute Resolution & Arbitration Norms for Construction & Infrastructure Sectors’.