Section 16 Arbitration Act Archives

Article 227 challenge to Section 16 application

Article 227 cannot be invoked to challenge Arbitral Tribunal’s rejection of Section 16 application; Remedy lies under Section 34 after final award: Supreme Court

Reiterating the legislative policy of minimal judicial interference in arbitral proceedings, the Court observed that interference under Article 227 is warranted only in rare cases involving a patent lack of inherent jurisdiction that is apparent on the face of the record

Prima Facie Review under Section 11 Arbitration Act

Cyril Amarchand Mangaldas Experts Corner

The Contours of “Prima Facie”: Section 11 and the Recent Trends of the Evolving Expansion of Pre-Arbitral Judicial Review in Indiaby

Pallavi Singh Rao*, Sukanya Singh** and Tridib Mandal***

Op Eds OP. ED.

Arbitration and Allegations of Criminality: The Indian Conundrum

by Karan Gulwade*

Case Briefs High Courts

Question regarding substance of existence of agreement can only be determined by Arbitral Tribunal: Bombay HC

Even if it is presumed that signing an agreement with an arbitration clause can be regarded as submission of a (non-existent) dispute to arbitration, it will not follow that as a matter of law, since there will be no implied authority to execute such a contract. All these are issues that will pose mixed questions of fact and law and will relate to the substance of existence rather than the form of existence, i.e., a written agreement.