2023 SCC Vol. 7 Part 2
Arbitration and Conciliation Act, 1996 — Ss. 8 and 11: Application seeking reference to arbitration in pending civil suit is not acceptable
arbitration and conciliation act
2023 SCC Vol. 7 Part 1
Arbitration and Conciliation Act, 1996 — Ss. 8, 11 and 7: Non-payment or deficient payment of stamp duty on substantive contract comprising/containing
Whether bar contained under S. 80 of Arbitration Act in selection of forum for arbitration applicable to MSMED Act? Allahabad HC answers
Allahabad High Court said that the MSMED Act, 2006 is a special law and in view of Section 24 the discretion given to Council for selecting the forum of arbitration between the parties has an overriding effect and therefore, at the stage of selection of forum for arbitration by the Council the prohibition contained in Section 80 of the A&C Act will not be applicable.
Can Indian Third-Party Funders be made Party to Arbitration | Tomorrow Sales Agency (P) Ltd. v. SBS Holdings Inc.: A case comment
by Kritika Krishnamurthy* and Anuroop Omkar**
2023 SCC Vol. 5 Part 3
Arbitration and Conciliation Act, 1996 — S. 29-A (as amended w.e.f. 30-8-2019) — Time-limit for making award: Time-limit stipulated in this section,
Delhi Court sets aside ₹90 lakh award granted in favour of BMW India Financial Services Pvt. Ltd.
Unilateral Appointment of the Sole Arbitrator vitiates the proceedings of Arbitration.
The Conundrum Surrounding the Unilateral Appointment of Arbitrators and its Implications on the Enforceability of Arbitral Awards – An Analysis
by Vasanth Rajasekaran†
Cite as: 2023 SCC OnLine Blog Exp 50
Invocation of power of Judicial review in proceedings under S. 9 of Arbitration Act would run afoul to principle that merits of termination of contract must essentially be determined by Arbitral Tribunal: Delhi HC
The Court also upheld the validity of the termination notice issued by the NHIDCL and refused to interfere with its actions against the construction company.
Appointment of Arbitrator in Lender-Borrower Agreements
by Mohd. Suboor†
What Comes First After the Award: The Relief or the Stay? A case comment on Sepco Electric Power Construction Corpn. v. Power Mech Projects Ltd.
by Prerona Banerjee† and Vishal Sinha††
Explained| Supreme Court verdict on scope of Pre-referral jurisdiction of High Court under S. 11 of Arbitration and Conciliation Act
The limited scope of judicial scrutiny at the pre-referral stage is navigated through the test of a ‘prima facie review’
Unilateral Appointment of Arbitrator — Whether Absolute Prohibition Contrary to the Scheme of the Act?
by Prashant Tripathi† and Sanjeev Singh††
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”