Arbitration
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
Explained: Maintainability of counter claims in arbitration proceedings under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006
Supreme Court: The bench of Ashok Bhushan and R. Subhash Reddy*, JJ has held that the Micro, Small and Medium Enterprises Development
Del HC | Ambiguity in contractually stipulated obligations favours whom? Court discusses while refusing interference in arbitral award
Delhi High Court: Sanjeev Narula, J., refused to interfere in the interim arbitral award whereby the sole arbitrator had allowed certain claims of
Del HC adverts to scope of judicial review of an arbitral award; Wades through bunch of pleas including violation of Part 1, CPC and insurance against breakage during transit, etc.
Delhi High Court: V. Kameswar Rao, J., refused to interfere with the award passed by the Arbitrator and dismissed a petition filed under
International Arbitration vis-à-vis Climate Change: Initiatives by Arbitration Sector to Curb Global Warming
By Nikhil Parakh* and Sejal Makkad**
Can a non-signatory or confirming party be made party to the arbitration? The position of non-signatory in an arbitration agreement
by Arush Agarwal† and Bhavya Gupta††
Del HC | Does non-payment of stamp duty on a commercial contract invalidates arbitration agreement? Explained
Delhi High Court: Sanjeev Narula, J., decides a matter covering various aspects of the arbitration agreement. Instant petition under Section 11 of
Reading the Prima Facie Test into Section 11: Supreme Court in Vidya Drolia
by Hiroo Advani† and Manav Nagpal††
Cite as: 2021 SCC OnLine Blog Exp 40
Stamping of Substantive Agreement: Better Late Than Never
by Hiroo Advani†, Tariq Khan†† and Mahi Mehta †††
Cite as: 2021 SCC OnLine Blog Exp 39
Can two Indian parties enter into a foreign-seated arbitration?
by Divyanshu Srivastava*
Enforcement of Domestic Award: Practical Realities
by Abhinay Sharma† and Lakshmi Subramaniam Iyer††
Third Party Funding
by Hiroo Advani† and Chaiti Desai††
Cite as: 2021 SCC OnLine Blog Exp 45
“Complex” questions involving novation of contract can’t be decided by Court under Section 11 of the Arbitration and Conciliation Act: Supreme Court
“Detailed arguments on whether an agreement which contains an arbitration clause has or has not been novated cannot possibly be decided in exercise of a limited prima facie review as to whether an arbitration agreement exists between the parties.”
BIT Arbitral Awards Virtually Non-Enforceable in India: Does the Delhi High Court Need Course Correction
by Pratyush Miglani*, Nikhil Varma** and Prakhar Srivastava***
Bom HC | Is Navi Mumbai Municipal Corporation entitled in law to impose pre-qualification criteria “contractors whose contract was terminated for unsatisfactory services are ineligible to participate in tender”? Judicial Review, Blacklisting & more. Read on
“Government must have freedom of contract.”
Is passing of “reasoned order” a requisite while refusing to refer a matter to arbitration?
by Baglekar Akash Kumar†
Short delay in filing appeals under section 37 of the Arbitration Act can be condoned in exceptional cases. Here’s why Supreme Court overruled N.V. International verdict
Supreme Court: The 3-judge bench of RF Nariman, BR Gavai and Hrishikesh Roy, JJ has held that given the object of speedy