arbitration clause

CADRA International Arbitration Summer School 2026
CADRA International Arbitration Summer SchoolEvents & CollaborationsInternational

The CADRA International Arbitration Summer School 2026 organized a session on “Drafting Arbitration Agreements and Choice of Law”, delivered by Matthew Drossos, wherein he explored designing enforceable and efficient dispute resolution mechanisms, common drafting pitfalls, and the implications of the choice of law on the conduct and outcome of arbitral proceedings.

anti-arbitration injunction
Case BriefsHigh Courts

Delhi High Court held that the signed Booking Note, which overrode all previous arrangements and incorporated only Clauses 20—41, could not be read to include the arbitration clause in Clause 43 or the Fixture Recap, and restrained the London (LMAA) arbitration.

SARR Freights-II arbitral consent
Experts CornerVasanth Rajasekaran

by Vasanth Rajasekaran* and Harshvardhan Korada**

Sole Arbitrator Justice T S Sivagnanam Kennel Club India
Case BriefsHigh Courts

The Court held that the application filed for appointment of sole arbitrator under Section 11(6), Arbitration and Conciliation Act, 1996, is maintainable as the requirement of notice under Section 21 becomes unnecessary where the petitioner had already disclosed all details in a prior civil suit and the respondent had responded by filing a Section 8 application acknowledging that the dispute must be resolved via arbitration.

arbitration clause consumer forum jurisdiction
Case BriefsSupreme Court

Supreme Court: In a civil appeal arising from a dispute concerning delayed delivery of a residential flat, the Division Bench of Vikram

Arbitration Clause Using Can Not Mandatory
Case BriefsSupreme Court

“Alternate Dispute Resolution mechanisms or more particularly, arbitration, can only be the chosen method if both/all parties to the dispute can agree that it will be so. This freedom is not only insofar as choosing the medium, but it also encompasses choice of forum, applicable law and to some extent even procedural norms.”

correspondence can form valid arbitration agreement
Case BriefsHigh Courts

“It was open to the petitioner to participate in the proceedings and to prefer an application under Section 16, A&C Act to challenge the existence of the agreement, but it chose to stay away, and such conduct indicated a strategy of taking a chance by relying on purported errors to undermine an adverse award.”

claim to be made and petition under Section 11 Arbitration Act
Case BriefsHigh Courts

“The issue with regard to the time barred claim is not to be gone into at the reference stage under Section 11 of the Arbitration and Conciliation Act, 1996 but can be seen only by the Arbitrator/Arbitration Tribunal at the relevant stage.”

Tribunal decide disputes from inter-connected agreements
Case BriefsHigh Courts

“A common reference to the Arbitral Tribunal for resolution of disputes and differences arising out of all such agreements and contracts was requested by the respondent which was agreed upon by the applicant.”

Courts can decide arbitrability
Case BriefsHigh Courts

“It was not disputed that the plaintiff’s prayer in the suit for recovery of the amount would be arbitrable. However, the plaintiff also sought redemption of mortgages executed in its favour and this was where the plaintiff claimed that the said claim was not arbitrable.”

Appellate power under Section 37
Case BriefsHigh Courts

“The scope of the intervention of the court in arbitral matters is virtually prohibited, if not absolutely barred.”

dealership and lease disputes
Case BriefsHigh Courts

“Order 2 Rule 2 and Section 11 CPC ensured that all claims were brought in one suit, and Section 11 CPC also operated to bar re-litigation of decided matters.”

clear intention to refer dispute to arbitration
Case BriefsSupreme Court

“Similarly, a clause which states that “if the parties so decide, the disputes shall be referred to arbitration” or “any disputes between parties, if they so agree, shall be referred to arbitration” would not constitute an arbitration agreement”.

Rajasthan High Court
Case BriefsHigh Courts

“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.”

Bombay High Court
Case BriefsHigh Courts

Arguing that the LLP is a “third party” to the LLP Agreement is much like arguing that a company is a third party to its own Articles of Association.

arbitration act 1996
Case BriefsSupreme Court

The Court said that governmental entities must be treated in a similar fashion to private parties insofar as proceedings under the Arbitration Act are concerned, except where otherwise indicated by law.

Gauhati High Court
Case BriefsHigh Courts

In the present case, Clause 12 of the partnership deed indicated that the Partnership Act, 1932 and its Rules shall cover only those aspects not specifically mentioned in the deed.

Plaint Based on Arbitration Clause
Op EdsOP. ED.

by Chetna Alagh1

madras high court
Case BriefsHigh Courts

“The legislative intent of inserting Section 29-A of the Act is only for expeditious disposal of the arbitration proceedings and not to confer a new defence upon an unsuccessful party to challenge the award and to reopen the entire proceedings.”

Delhi High Court
Case BriefsHigh Courts

The Delhi High Court granted time to both parties to file written submissions on whether an arbitration clause in an invoice could constitute an arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996.