ArbitrationAct Archives

Delhi High Court| Jurisdiction under S. 11 Arbitration Act must be determined by the CPC if the parties haven’t agreed on the arbitration seat or venue.

It is a settled position in law that when the arbitration agreement is silent on the aspect of ‘seat’, ‘venue’ or ‘place’ of arbitration, the determining factor will be where the cause of action arises as well as where the defendant/respondent actually or voluntarily resides or carries on their business.

Case Briefs High Courts

Non-Filing of Arbitral Award renders Section 34 petition ‘non-est’; Limitation continues: Delhi High Court

Mere procedural errors or defects, thus, would not render the filing of an application under Section 34 of the Arbitration and Conciliation Act to be treated as a non-est filing. Standalone defects cannot make an application filed under Section 34 of the A&C Act to be declared as non-est but only cumulatively.

Case Briefs High Courts

Releasing pleadings and documents to media before Courts had the opportunity to consider the same, is not acceptable: Delhi High Court

The language in the legal notice completely scandalises the Court and raises baseless allegations and aspersions against the administration of justice by the Court by raising doubts about the functioning of the Registry of this Court.