Doctrine of Election Archives

Bombay HC allows appointment of arbitrator in insurance dispute despite insurer’s repudiation of liability; Leaves arbitrability issues to Tribunal

The Bombay High Court reiterated that at the Section 11 stage, the Court is concerned only with the existence of an arbitration agreement, leaving disputes relating to repudiation, limitation, and arbitrability for the Arbitral Tribunal.

Case Briefs Supreme Court

Management cannot challenge Award granting reinstatement in service after allowing workmen in regular service for over 2 decades: Supreme Court

A party to a proceeding cannot be permitted to challenge the Award and abide by it at its own free will; garner benefit from it; get the opposite party to effectively alter its position; and then press its challenge after the passage of a considerable length of time.

Case Briefs Foreign Courts

Pakistan SC sets aside HC order violating Doctrine of Election; pursuing of different remedies on same facts seeking same relief as not a part of fair trial

Supreme Court of Pakistan: A 3-Judge Bench comprising of Mushir Alam, Faisal Arab and Sajjad Ali Shah, JJ. while hearing a petition