arbitration proceedings Archives

LLP bound by arbitration proceedings relating to its operations/governance, despite not being signatory to LLP Agreement: Bombay HC

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.

Case Briefs High Courts

Andhra Pradesh High Court upholds interim attachment of Iron Ore in arbitration dispute based on prima facie case and balance of convenience

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.

Case Briefs High Courts

Delhi High Court impleads non-signatories as ‘veritable parties’ in arbitration proceedings for having substantial involvement in fulfilling terms of MoS

‘If the non-signatory’s actions align with the signatories, it could reasonably lead the signatories to believe that the non-signatory was a veritable party to the contract containing the arbitration clause.’

Experts Corner Justice Hemant Gupta

The Confidentiality in Arbitration and the Push for Greater Transparency

by Justice Hemant Gupta*

Case Briefs Supreme Court

Can Arbitration proceedings be terminated on claimant’s failure to request Arbitral Tribunal to fix a date for hearing? SC answers

“The abandonment of the claim can be either express or implied. The abandonment cannot be readily inferred. There is an implied abandonment when admitted or proved facts are so clinching that the only inference which can be drawn is of the abandonment.”

Experts Corner Vasanth Rajasekaran

Beyond the Signature: Supreme Court Redefines Party Status in Arbitration Proceedings using the Group of Companies Doctrine

by Vasanth Rajasekaran† and Harshvardhan Korada††
Cite as: 2023 SCC OnLine Blog Exp 85

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can Resolution Professional keep claims in abeyance during pendency of Corporate Debtor’s counter claim before arbitrator? NCLAT Answers

While dismissing the present appeal, the NCLAT held that appellant’s prayer pertaining to admission of the claim cannot be acceded to in the ‘eye of Law’.

india arbitration leadership roundtable 2023

Events/Webinars News

“Time to change old perception and lead IIAC arbitration process to new heights”: Justice Hemant Gupta at Indian Arbitration Leadership Roundtable

The Indian Arbitration Leadership Roundtable organized by the India International Arbitration Centre (IIAC) witnessed in-depth discussion over various important facets of Institutional Arbitration.

Case Briefs High Courts

Court cannot interfere with the enforcement of a bank guarantee except cases where fraud or special equity is prima facie made out so as to prevent irretrievable injustice: Delhi High Court

A Single Judge Bench of Chandra Dhari Singh, J. disposed of the petition and restrained from invoking/encashing the bank guarantee.

Op Eds OP. ED.

Issue of Mandate of Pre-Arbitral Steps/Preceding Steps Before Invoking Arbitration

by Aditi Tayal†

Case Briefs Supreme Court

Change of venue does not result in change of the seat of arbitration; holding otherwise would create a recipe for litigation: Supreme Court

Supreme Court: The bench of Ajay Rastogi and Sanjiv Khanna*, JJ has held that subsequent hearings or proceedings at a different location

Case Briefs Supreme Court

Explained: Does Limitation Act, 1963 apply to arbitration proceedings under Section 18(3) of Micro, Small and Medium Enterprises Development Act, 2006

Supreme Court: The bench of Ashok Bhushan and R. Subhash Reddy*, JJ has held that the Limitation Act, 1963 is applicable to

Op Eds OP. ED.

Applicability of the Law of Limitation to Arbitration Proceedings

by Gunjan Chhabra†

Op Eds OP. ED.

Works contract and Levy of Stamp Duty under the Maharashtra Stamp Act

by Dormaan Dalal*

Case Briefs High Courts

Ker HC | No bar to simultaneous continuance of a criminal proceeding and a civil proceeding, if the two arise from separate causes of action

Kerala High Court: R. Narayana Pisharadi, J. dismissed a petition praying for quashing the criminal proceedings against the petitioner initiated under Section

Case Briefs High Courts

Bom HC | Not unlawful for an Advocate to enter into a “contingent contract” while appearing in capacity of a “counsel” in arbitration proceedings

Bombay High Court: A.S. Chandurkar, J., clarified that a contract whereby an advocate asks for the fee based on the outcome of

Case Briefs High Courts

Arbitrator is not under an obligation to frame issues before adjudication; may do so for the sake of crystallizing the dispute

Jammu & Kashmir High Court: A Division Bench comprising of Sindhu Sharma, Dhiraj Singh Thakur, JJ., allowed an LPA filed against the

Case Briefs High Courts

Petition under Article 226 or 227 challenging interlocutory order passed in arbitration proceedings not to be entertained

Bombay High Court: A Division Bench comprising of B.R. Gavai and M.S. Karnik, JJ. dismissed a petition filed against the order of

Case Briefs High Courts

Antrix-Devas Dispute: HC allows Bangalore City Civil Court to decide upon jurisdiction in the matter

Delhi High Court: The Division Bench comprising S. Ravindra Bhat and Yogesh Khanna, JJ. set aside the decision of the Single Bench