Arbitration Archives

“What India needs to do next is to breathe a little bit. Let the developments settle in, do not constantly tinker”: A recap of the Book Launch and Panel Discussion on Arbitration Law

Eastern Book Company released two books on arbitration titled Arbitration and Conciliation: A Commentary by RV Prabhat and Saurabh Bindal; and the

Interviews

In conversation with Tushar Agarwal on his journey of law school, and being awarded the Top 100 Lex Falcon Award, as a First-Generation Lawyer

Interviewed by Khushbu Sood

Case Briefs High Courts

Calcutta High Court| Order XLI, Rule 5(1) of the CPC grants the court discretion to stay the execution of a decree for ‘sufficient cause’; Award by arbitral tribunal upheld

Calcutta High Court: Shekhar B. Saraf, J. upheld the award granted by the Arbitral Tribunal holding that the award holder

Case Briefs High Courts

Himachal Pradesh High Court | Lack of immediate remedy under Arbitration Act not a ground to challenge an arbitral order passed on miscellaneous application before High Court

Himachal Pradesh High Court: In the case where it was argued before the Court that the Arbitration and Conciliation Act, 1996 (for

Cases Reported SCC Weekly

2022 SCC Vol. 5 Part 2

Civil Procedure Code, 1908 — Or. 41 Rr. 4 & 33, Ss. 96, 100 and Or. 20 R. 18 — Partition suit

Case Briefs High Courts

Del HC | Commercial wisdom of the parties in an agreement not to be revisited; arbitral tribunal cannot re-work the terms owing to commercial difficulties of one party

Delhi High Court: Vibhu Bakhru, J. while hearing an application against award of an arbitral tribunal has held that it would not

Case Briefs High Courts

Del HC │ Justice Deepak Gupta, former Judge of the Supreme Court of India appointed as the Arbitrator to adjudicate the disputes in L&L Partners Litigation firm after unsuccessful mediation

Delhi High Court: Prateek Jalan, J. took up a petition which was filed under Section 9 of the Arbitration and Conciliation Act,

Legal RoundUp Watch Now

Weekly Rewind Ep. 63| Sex Workers’ right to dignity; Hindu Women’s right to property; right to dissent; freedom of press; and more

Top Story of the Week Aadhaar Card for Sex Workers| Supreme Court bats for sex workers’ right to dignity; directs UIDAI to

Case Briefs Foreign Courts

SCOTUS | Courts should not make procedural rules favoring arbitration; FAA Policy not to foster arbitration

Supreme Court of the United States (SCOTUS): Elena Kagan, J. has clarified that a party challenging arbitration does not need to prove

Case Briefs High Courts

If arbitrator’s son was married to niece of one of parties, would that be described as a close family relationship resulting in ineligibility of Arbitrator by virtue of S. 12(5) of the A&C Act? Del HC examines

Delhi High Court: While addressing the ineligibility of an arbitrator to be appointed, Vibhu Bhakru, J., elaborated on the expression ‘close family

Case Briefs Supreme Court

Non-execution of Arbitration Award even after 30 years-long delay: SC slams Allahabad High Court; U.P. Government to consider constituting four Additional Commercial Courts

Supreme Court: On being apprised of 30 years-long delay in execution of an Arbitration Award, the Division Bench comprising M.R. Shah and

Case Briefs High Courts

[Doctrine of Separability] AP HC discussed the enforceability of arbitration clause embedded in an unstamped charter party/agreement

Andhra Pradesh High Court: A Division Bench of Prashant Kumar Mishra, CJ and M Satyanarayan Murthy, J. dismissed the appeal being devoid

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 High Courts

Ori HC | It is only when a purchase order is placed that a ‘contract’ would be entered into and only then arbitration clause would become part thereof

Orissa High Court: S. Muralidhar, CJ. dismissed the petition, declined the appointment of arbitrator and left it open to the petitioners to

Events/Webinars New releases News

Read exclusive extract from Arbitration and Conciliation: A Commentary by Saurabh Bindal and RV Prabhat

About the book Arbitration and Conciliation: A Commentary by Saurabh Bindal and RV Prabhat is a sectionwise analysis of the 1996 Act and

Alternate Dispute Resolution Events/Webinars News

Meet the Panellists of the Arbitration Book Launch & Discussion on 24th May at 2 pm

The book release of Arbitration and Conciliation: A Commentary by Saurabh Bindal and RV Prabhat and the 12th edition of Dr Avtar Singh’s

Case Briefs High Courts

Whether Arbitration involving third parties leading to other proceedings would be arbitrable? Kar HC answers

Karnataka High Court: B.M. Shyam Prasad, J., held that there cannot be a complete adjudication of the petitioner’s rights unless the third

Case Briefs Supreme Court

Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 encroaches upon the judicial power of the State; held unconstitutional: SC

Supreme Court: The bench of L. Nageswara Rao* and BR Gavai, JJ has held that the Kerala Revocation of Arbitration Clauses and

High Court Round Up Legal RoundUp

110 Reports from 20 High Courts: Money Laundering, Child Marriages, Rule of Law, PC & PNDT Act, Adultery, Media Trial and more | April RoundUp 2022

110 Reports from 20 High Courts Allahabad High Court Money Laundering For money launderers “jail is the rule and bail is an

Case Briefs High Courts

Levy of Liquidated Damages | If a contract comprises, several components awarded to different contractors, would it be inapposite to blame contractor that was last in completing work for loss suffered on account of delay in completing Project? Del HC answers

Delhi High Court: While reiterating the law on award of liquidated damages, Vibhu Bakhru, J., expressed that, where a contract comprises, several