arbitration and conciliation act
2023 SCC Vol. 2 Part 3
Arbitration and Conciliation Act, 1996 — Ss. 11, 8 and 16 — Arbitrability — Accord and Satisfaction — Plea of claims being
EXPLAINED| Stamp Act versus Arbitration Act issue on validity of an Unstamped Arbitration Agreement as Supreme Court reserves Judgment
The Constitution bench considered a question of law : whether the instrument was duly stamped or not, was not only contrary to the plain language of Section 11(6A) of the Arbitration Act, but also wholly defeated the legislative intention of the Arbitration and Conciliation (Amendment) Act, 2015, and puts a spoke in the wheel of conduct of the arbitration process at its very inception.
A zestful beginning of 2023 for Supreme Court as Constitution Benches assemble regularly in 10 matters in the month of January
This report revisits all the riveting and paramount Supreme Court Constitution Bench cases that were delivered, reserved for judgement and heard in the month of January 2023.
2023 SCC Vol. 1 Part 4
Arbitration and Conciliation Act, 1996 — Ss. 20 and 42 r/w S. 2(1)(e) — Jurisdictional seat of arbitration once fixed under S.
2023 SCC Vol. 1 Part 3
“Union Territory”, if “State” under Art. 131: The subject-matter of this article’s discussion is: does a “Union Territory” fall under word “State”
2023 SCC Vol. 1 Part 1
Arbitration and Conciliation Act, 1996 — S. 33 — Power of modification of award under — Scope of: Award can be modified
[High Court Monthly Round Up] | December 2022 | 100 + Legal Stories including U.P ULB elections; PIL against Koffee with Karan; Bail to journalist Siddique Kappan; Right to be forgotten; Sexual harassment at workplace; Trade mark infringement cases and more
A quick legal roundup to cover important stories from all High Courts in December 2022
Arbitration Dossier (2021-22)| A Snapshot of Major Developments in Lex Arbitri
by Chakrapani Misra, Sameer Bindra and Varshini Sunder
Cite as: 2022 SCC OnLine Blog Exp 88
Arbitrability of Intellectual Property Rights’ Disputes: An Affirmative Step
by Yash Vardhan Garu and Hetvi Mehta
Delhi High Court | Review is permissible against an order dismissing a petition under S. 11 of the Arbitration and Conciliation Act
While exercising the power conferred by Section 11 of the Act, the Court ceases to be a Court of Record and the review or reopening of proceedings which is sought is not with respect to any power exercised by the Court under Section 11 on merits but on account of the evident factual mistake in that order.
Delhi High Court | When a prayer to appoint an Arbitrator has been heard and rejected, the same relief cannot be sought by filing a review petition
Mere expression “place of arbitration” cannot be the basis to determine the intention of the parties that they have intended that place as the “Seat of Arbitration”
When is the interest rate payable under Section 16 of the MSMED Act, 2006 applicable?
by Hiresh Choudhary† and Surbhi Sharma††
2022 SCC Vol. 10 Part 2
Arbitration and Conciliation Act, 1996 — Ss. 14(1)(a) and 2(1)(e) r/w Ss. 11(5) and 11(6) — Application seeking termination of
Supreme Court Post Vidya Drolia: Reconsidering Referral Jurisprudence in India
by Senu Nizar† and Velpula Audityaa††
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