If Head Of The Families Are Parties To Arbitration Agreement And Others Have Signed, All Are Bound By Arbitration Clause: Delhi High Court
1 year, 7 months ago

If Head Of The Families Are Parties To Arbitration Agreement And Others Have Signed, All Are Bound By Arbitration Clause: Delhi High Court

Live Law  

The High Court of Delhi has held that all the members of the families would be bound by the terms and conditions of a settlement agreement executed between the heads of the two branches of families if they have signed the said agreement that pertains to the properties owned by them. The bench of Justice Navin Chawla held that a party appending its signature of an MoU is bound by the terms and conditions of such an agreement, including the arbitration agreement. The Court also reiterated that the scope of judicial examination under Section 8 of the A&C Act is limited to taking a prima facie view and the Court would be bound to refer the parties to arbitration when the arbitration agreement is found to exist. The Court further held that the reference would be governed by the amended Section 8 of the A&C Act when the suit was filed after the 2015 amendment came into effect and a party claiming under the party to arbitration agreement would be referred to arbitration. The plaintiff made the following submissions against the application: The plaintiff relied on Bihar State Mineral Development Corporation v. ENCON Builder Ltd. 7 SCC 418, contesting that signing the MoU doesn't make the plaintiff an Arbitration Agreement party.

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History of this topic

Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court
1 week, 2 days ago

Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Manoj Kumar Ohri has reiterated that the scope of inquiry under Section 11 of the Arbitration and Conciliation Act, 1996, is limited to examining the prima facie existence of the arbitration agreement. It was further observed that if either party contests a prior settlement agreement, then such allegations cannot be looked into by …

Construction Of Terms Of Contract Must Be Primarily Decided By Arbitrator, Not Court U/S 34 Of Arbitration Act: Delhi High Court
1 month, 2 weeks ago

Construction Of Terms Of Contract Must Be Primarily Decided By Arbitrator, Not Court U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma has held that Construction of the terms of the contract is primarily for the arbitrator to decide, unless it is found that such a construction is not at all possible. It is the case of the petitioner that the Supreme Court in 'ONGC v. Afcons Gunanusa JV' held that unilateral …

Issue Related To Existence Of Arbitration Agreement Cannot Be Decided Ex-Parte, Without Hearing Respondent: Delhi High Court
1 month, 3 weeks ago

Issue Related To Existence Of Arbitration Agreement Cannot Be Decided Ex-Parte, Without Hearing Respondent: Delhi High Court

Live Law  

A Delhi High Court Bench of Justice Navin Chawla and Justice Shalinder Kaur held that the District Judge should not have decided the issue related to the existence of an arbitration agreement ex-parte, without calling upon the respondent to give its stand on the same. The District Judge dismissed the petition and held that the arbitration agreement contained in the …

Arbitration Cases Weekly Round Up [16th December-22nd December 2024]
2 months, 3 weeks ago

Arbitration Cases Weekly Round Up [16th December-22nd December 2024]

Live Law  

Supreme Court Case Title: TARUN DHAMEJA VERSUS SUNIL DHAMEJA & ANR. The bench comprising Justices Abhay S. Oka and Ujjal Bhuyan dismissed the appeal filed against the Delhi High Court's decision allowing the respondent to seek clarification from the Arbitral Tribunal about whether post-award interest under Section 31 of the Arbitration and Conciliation Act, 1996, would be calculated on the …

Memorandum Of Family Settlement Did Not Require Registration: Delhi High Court Dismisses Appeal U/S 34 Of Arbitration Act
3 months ago

Memorandum Of Family Settlement Did Not Require Registration: Delhi High Court Dismisses Appeal U/S 34 Of Arbitration Act

Live Law  

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee has held that the Single Judge has, without interfering with the factual findings arrived at by the learned Arbitrator, correctly applied the settled legal position to the MFS, by holding that the same being a record of prior oral partition of the properties between all the sons …

Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement
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3 months, 2 weeks ago

Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement

Live Law  

The Delhi High Court Bench of Justice Sachin Datta has held that the scope of the present proceedings is confined to ascertaining the existence of the arbitration agreement. Observation of the court: The court held that the scope of the present proceedings is confined to ascertaining the existence of the arbitration agreement. Then, the court held that since the existence …

Non-Signatories Bound By Arbitration Agreement If Their Actions Align With Those of Signatories: Delhi High Court
4 months, 3 weeks ago

Non-Signatories Bound By Arbitration Agreement If Their Actions Align With Those of Signatories: Delhi High Court

Live Law  

The Delhi High Court has ruled that if a non-signatory party actively participates in the performance of a contract, and its actions align with those of the other members of the group, it gives the impression that the non-signatory is a “veritable” party to the contract which contains the arbitration agreement. The court held that respondents 2-5 are veritable parties …

Chief Justice Or Their Designate Cannot Adjudicate Merits Of Dispute Under Section 11 Of Arbitration Act: Calcutta High Court
8 months, 2 weeks ago

Chief Justice Or Their Designate Cannot Adjudicate Merits Of Dispute Under Section 11 Of Arbitration Act: Calcutta High Court

Live Law  

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that it is completely beyond the domain of the Chief Justice and/or his designate, sitting in jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996, to adjudicate even prima facie on the merits of an arguable issue involved in the matter, which would fall categorically within the …

Clause Of 'Amicable Resolution' Cannot Prevent Invocation Of Arbitration After Sincere Efforts At Settlement: Delhi High Court
9 months, 1 week ago

Clause Of 'Amicable Resolution' Cannot Prevent Invocation Of Arbitration After Sincere Efforts At Settlement: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma has held that the clause of 'amicable resolution' in the arbitration agreement cannot be read as preventing the parties from invoking the arbitration if the parties have sincerely tried to resolve the disputes amicably. The Petitioner filed an application in the High Court under Section 11 of the Arbitration and …

Arbitration Clause Valid Despite Even Number Of Arbitrators: Delhi High Court Allows Section 11(6) Petition
9 months, 1 week ago

Arbitration Clause Valid Despite Even Number Of Arbitrators: Delhi High Court Allows Section 11(6) Petition

Live Law  

The Delhi High Court bench of Justice Jasmeet Singh has held that the arbitration clause is not invalidated merely on the ground that the number of arbitrators, as per the arbitration clause, was an even number and therefore, was in contravention of Section 10 of the Arbitration and Conciliation Act, 1996. All disputes shall be subjected to Delhi Jurisdiction only.” …

Once Arbitration Agreement Is Confirmed, Court Should Refrain From Delving Into Other Issues: Delhi High Court
9 months, 2 weeks ago

Once Arbitration Agreement Is Confirmed, Court Should Refrain From Delving Into Other Issues: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Amit Bansal held that the role of the court is limited to verifying the existence of a valid arbitration agreement. Observations by the High Court: The High Court referred to Clause 26 in the EPC Contract which provided that in the event conciliation between the parties fails, disputes may be referred to arbitration. …

Arbitration Weekly Round Up: 22nd April to 28th April 2024
10 months, 2 weeks ago

Arbitration Weekly Round Up: 22nd April to 28th April 2024

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Allahabad High Court Court Under Section 19 Of MSMED Act, 2006 Empowered To Allow Predeposit In Installments: Allahabad High Court Case Title: M/S Docket Care Systems vs M/S Hariwill Electronics India Pvt. Delhi High Court Debt Acknowledged In Letters, Delhi High Court Grants Benefit Of Section 18 To Hold Invocation Of Arbitration Within Limitation Case Title: Paisalo Digital Limited v. …

Group Of Companies | Absence Of Specific Prayer For Impleadment Of Non-Signatory Doesn't Preclude Arbitral Tribunal From Applying GOC: Bombay High Court
11 months, 2 weeks ago

Group Of Companies | Absence Of Specific Prayer For Impleadment Of Non-Signatory Doesn't Preclude Arbitral Tribunal From Applying GOC: Bombay High Court

Live Law  

The Bombay High Court single bench of Justice R I Chagla held that the arbitral tribunal has the power to decide whether the non-signatory is bound by the Arbitration Agreement and to implead the non-signatory. The High Court noted that the Supreme Court in this case held that the Arbitral Tribunal possesses the authority to determine if a non-signatory is …

Arbitration Monthly Round-Up -March 2024
11 months, 2 weeks ago

Arbitration Monthly Round-Up -March 2024

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Supreme Court Court May Refuse To Appoint Arbitral Tribunal If S.11 Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court Case Title: M/s Arif Azim Co. Ltd. Without Copy of Challenged Arbitral Award, Impossible To Consider Grounds To Set Aside Award: Delhi High Court Dismisses Section 34 Petition Case Title: Spml Infra Limited vs Ntpc …

No Privity Of Contract Between Parties, not party to MOU: Delhi High Court Dismisses Section 11(4) A&C Petition
11 months, 3 weeks ago

No Privity Of Contract Between Parties, not party to MOU: Delhi High Court Dismisses Section 11(4) A&C Petition

Live Law  

The Delhi High Court single bench of Justice Dinesh Kumar Sharma dismissed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 noting that the Petitioners were not party to Memorandum of Understanding containing the arbitration clause, thus there was no privity of contract between the Petitioners and the Respondent. Furthermore, the Respondent challenged the jurisdiction of the …

Parties Assuring Document Execution And Providing Security For Transaction Are Part Of Loan Agreement: Delhi High Court Refers Parties To Arbitration
11 months, 3 weeks ago

Parties Assuring Document Execution And Providing Security For Transaction Are Part Of Loan Agreement: Delhi High Court Refers Parties To Arbitration

Live Law  

The Delhi High Court single bench Justice Jasmeet Singh that the parties which assured document execution and provided security for the transaction are integral part of the loan agreement. 3 to 5 are a veritable party to the Loan Agreement as they are connected with the loan documents and form part of the loan transaction as in one way or …

Prima Facie No Arbitration Agreement Between Parties, Delhi High Court Dismisses Section 11(5) A&C Petition
1 year ago

Prima Facie No Arbitration Agreement Between Parties, Delhi High Court Dismisses Section 11(5) A&C Petition

Live Law  

The Delhi High Court single bench of Justice Dinesh Kumar Sharma dismissed a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, noting that prima facie there was no arbitration agreement between Petitioner and Respondent. The High Court noted that Section 8, as amended in 2015, mandates the referral of parties to arbitration by a judicial authority …

Even If Arbitral Award Set Aside For Non-Compliance With Section 12, Parties Can File Fresh Section 11 Application For Arbitrator Appointment: Delhi High Court
1 year ago

Even If Arbitral Award Set Aside For Non-Compliance With Section 12, Parties Can File Fresh Section 11 Application For Arbitrator Appointment: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Dinesh Kumar Sharma held that mere invalidation or unenforceability of the arbitrator appointment process does not render the entire arbitration clause void. The bench held that even if an arbitration award is set aside due to unilateral appointment and non-compliance with Section 12 of the Arbitration Act, fundamental agreement between the parties …

No Need For Notice To Invoke Fresh Arbitration Where Analogous Arbitral Proceedings Going: Delhi High Court Allows Section 11(6) Petition
1 year ago

No Need For Notice To Invoke Fresh Arbitration Where Analogous Arbitral Proceedings Going: Delhi High Court Allows Section 11(6) Petition

Live Law  

The Delhi High Court single bench of Justice Manoj Kumar Ohri held that in cases where there are analogous arbitration proceedings related to other agreements, there is no need to invoke fresh arbitration by issuing a notice under Section 21 of the Arbitration Act. The Petitioner approached the Delhi High Court and filed a petition under Section 11 of the …

Arbitration Clause Does Not Cease With Contract Termination, It Is An Independent Agreement: Delhi High Court Allows S. 11 Application
1 year, 1 month ago

Arbitration Clause Does Not Cease With Contract Termination, It Is An Independent Agreement: Delhi High Court Allows S. 11 Application

Live Law  

The Delhi High Court single bench of Justice Sachin Datta dismissed the notion that the arbitration clause would cease to exist with the termination of the contract. Feeling aggrieved, the Petition filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 in Delhi High Court for appointment of a Sole Arbitrator to adjudicate the disputes. Moreover, the …

Can Initiate Arbitral Proceedings Without Other Party's Consent Even If Arbitration Mentioned As Alternative Settlement Method: Delhi High Court
1 year, 1 month ago

Can Initiate Arbitral Proceedings Without Other Party's Consent Even If Arbitration Mentioned As Alternative Settlement Method: Delhi High Court

Live Law  

The Delhi High Court bench comprising Justice Prateek Jalan held that a dispute resolution clause providing for alternative modes of settlements, including arbitration, and containing the term “will”, doesn't require the consent of the other party for settlement of disputes through arbitration. That in case any dispute arises between the parties then the dispute will be settled by both the …

Claims Related To Company Are Arbitrable Even Though It Is Non-Signatory To Arbitration Agreement, Delhi High Court Reinforces GOC Doctrine
1 year, 1 month ago

Claims Related To Company Are Arbitrable Even Though It Is Non-Signatory To Arbitration Agreement, Delhi High Court Reinforces GOC Doctrine

Live Law  

The Delhi High Court bench comprising Justice Pratibha M. Singh held that the disagreements related to the partners' business activities, whether conducted through the firm or the company, fall within the scope of arbitrable matters. Ltd. and held that common business ventures of the partners, whether conducted through the firm or the Company, fell within the purview of the arbitration …

Arbitration Weekly Round-Up: 15th January To 21st January 2024
1 year, 2 months ago

Arbitration Weekly Round-Up: 15th January To 21st January 2024

Live Law  

Supreme Court Supreme Court Issues Notice On Plea Challenging Validity Of Section 3G Of National Highways Act Case Title: B.D. Issues Related To Bias Of An Arbitrator And Conduct Of Arbitral Proceedings Cannot Be Determined Under Section 29A Of The A&C Act: Delhi High Court Reiterates Case Title: Vivek Aggarwal v. Hemant Aggarwal, OMP 29 of 2023 Citation: 2024 LiveLaw …

Arbitrator Can't Allow Damages, For Breach Of MoU To Enter Into Agreement, With No Liability Clause: Delhi High Court
1 year, 2 months ago

Arbitrator Can't Allow Damages, For Breach Of MoU To Enter Into Agreement, With No Liability Clause: Delhi High Court

Live Law  

The Delhi High Court has ruled that an arbitral tribunal lacks the authority to grant damages for a breach of a Memorandum of Understanding, particularly when the MoU serves as a preliminary agreement to enter into a definitive contract. This is especially significant when the MoU entails no financial implications and includes a clause explicitly preventing any monetary liability for …

Signed Arbitral Award Served On Lawyer Or Agent Of The Party Doesn't Constitute A Valid Delivery : Delhi High Court
1 year, 2 months ago

Signed Arbitral Award Served On Lawyer Or Agent Of The Party Doesn't Constitute A Valid Delivery : Delhi High Court

Live Law  

The High Court of Delhi has held that a copy of the signed arbitral award served only on the lawyer or the agent of the party does not constitute a valid delivery in absence of the delivery on the party itself. The Appellant/MoHFW challenged both the Arbitral Award and the Corrigendum Order before the learned Single Judge under Section 34 …

Arbitration Monthly Round-Up: November 2023
1 year, 3 months ago

Arbitration Monthly Round-Up: November 2023

Live Law  

International Judgments Hong Kong Court Refuses To Enforce A Mainland Arbitration Award For Failure Of Arbitrator To Meaningfully Engage With Arbitral Proceedings Case Title: SONG LIHUA v. LEE CHEE HON, CONSTRUCTION AND ARBITRATION PROCEEDINGS NO. Section 29A Permits The Court To Extend The Mandate Of The Arbitral Tribunal Even When The Application Is Made After The Expiry Of Time Limit …

Differentiating Jurisprudence On Pre-Condition To Invoke Arbitration
1 year, 5 months ago

Differentiating Jurisprudence On Pre-Condition To Invoke Arbitration

Live Law  

In India, it is a common trend to incorporate a pre-condition under the arbitration agreement to follow certain conditions to invoke the dispute resolution clause. Ltd. v. DLF Commercial Complexes, the Delhi High Court emphasized upon the importance of fulfillment to fulfill the pre-condition of mutual discussion before commencing arbitration. The recent observation by the Delhi High Court in Oasis …

Arbitration Cases Weekly Round-Up: 07 to 13 August 2023
1 year, 7 months ago

Arbitration Cases Weekly Round-Up: 07 to 13 August 2023

Live Law  

Supreme Court: Court Has No Power To Modify Award Under S. 34 Arbitration & Conciliation Act : Supreme Court Case Title: Larsen Air Conditioning and Refrigeration Company vs Union of India The Supreme Court reiterated that a court, under Section 34 of the Arbitration and Conciliation Act, has no power to modify an arbitration award. High Courts: Bombay High Court: …

Himachal Pradesh High Court Stays Arbitration Proceedings Commenced Without Fulfilling The Pre-Arbitration Condition Of Negotiation
1 year, 7 months ago

Himachal Pradesh High Court Stays Arbitration Proceedings Commenced Without Fulfilling The Pre-Arbitration Condition Of Negotiation

Live Law  

The Himachal Pradesh High Court has stayed the arbitration proceedings that were unilaterally commenced by a party without complying/fulfilling the pre-condition of negotiation as mandated by the terms of the agreement between the parties. The bench of Justice Tarlok Singh Chauhan observed that when the dispute resolution clause in the agreement mandates the parties to explore negotiation before resorting to …

Insurance Policy Is To Be Referred To Arbitration When Only One Head Of The Claims Is Disputed And Not The Entire Liability: Delhi High Court
1 year, 9 months ago

Insurance Policy Is To Be Referred To Arbitration When Only One Head Of The Claims Is Disputed And Not The Entire Liability: Delhi High Court

Live Law  

The High Court of Delhi has held that ordinarily the dispute under insurance policy claims would not be referred to arbitration when the reference is limited to quantum of compensation and the insurer disputes liability. The Court held that there cannot be any arbitration in the first scenario, however, the second issue would not put the dispute beyond the ambit …

Issue Of Full And Final Settlement Of Dispute Is A Question Of Fact Which Has To Be Decided By The Arbitrator: Delhi High Court
1 year, 10 months ago

Issue Of Full And Final Settlement Of Dispute Is A Question Of Fact Which Has To Be Decided By The Arbitrator: Delhi High Court

Live Law  

The Delhi High Court has held that an issue of full and final settlement of dispute between the parties will be a question of fact which has to be decided by the arbitrator. The Court held that the respondents have not denied the existence of the arbitration agreement but argued for the rejection of the application on the ground that …

Agreement Is Linked With Family Settlement Which Contains Arbitration Clause - Delhi High Court Allows S. 8 Application To Refer Parties to Arbitration
1 year, 10 months ago

Agreement Is Linked With Family Settlement Which Contains Arbitration Clause - Delhi High Court Allows S. 8 Application To Refer Parties to Arbitration

Live Law  

The Delhi High Court has ruled that once there is an arbitration agreement governing the parties, the matter must be referred for arbitration unless there is a “chalk and cheese” case of non-arbitrability. He contended that as per the MOFS and the Sale Deed executed between the plaintiff and the 1st defendant, Sharad Mehra, who were previously the shareholders of …

Court May Decline To Refer Parties To Arbitration If Dispute Doesn’t Correlate To Arbitration Agreement: Delhi High Court Reiterates
1 year, 11 months ago

Court May Decline To Refer Parties To Arbitration If Dispute Doesn’t Correlate To Arbitration Agreement: Delhi High Court Reiterates

Live Law  

The Delhi High Court has reiterated that mere existence of an arbitration agreement or arbitration clause would not be sufficient to refer the parties to arbitration and that even in the presence of an arbitration agreement, the court may decline to refer the parties to arbitration if the dispute does not correlate to the said agreement. The bench of Justice …

Clause Captioned As “Arbitration”, Doesn’t Conclusively Imply Mandatory Nature Of Arbitration: Bombay High Court
2 years ago

Clause Captioned As “Arbitration”, Doesn’t Conclusively Imply Mandatory Nature Of Arbitration: Bombay High Court

Live Law  

The Bombay High Court has ruled that the use of the word ‘can’ in the relevant clause has the effect of qualifying Arbitration as a mode of settlement, and the mere fact that a particular clause is captioned as “Arbitration”, does not conclusively imply the mandatory nature of arbitration when the option is left to the parties to settle their …

Clarification Sought By Arbitrator On Other Matters, Won’t Make Them Subject Of Arbitral Proceedings: Delhi High Court
2 years, 1 month ago

Clarification Sought By Arbitrator On Other Matters, Won’t Make Them Subject Of Arbitral Proceedings: Delhi High Court

Live Law  

The Delhi High Court has ruled that information and clarification sought by the Arbitral Tribunal on matters and dispute arising under other contracts, which do not form a part of the arbitral reference, will not alone make them the subject of arbitral proceedings. The petitioner, University of Delhi, filed a petition under Section 34 of the A&C Act before the …

Agreement To Explore Conciliation Before Arbitration, Only Directory In Nature: Delhi High Court
2 years, 1 month ago

Agreement To Explore Conciliation Before Arbitration, Only Directory In Nature: Delhi High Court

Live Law  

The Delhi High Court has ruled that the agreement between the parties to explore conciliation before resorting to arbitration, is not mandatory in nature. The respondent, NHIDCL, submitted before the High Court that the petition was not maintainable since under the Dispute Resolution Clause, the parties had specifically agreed to explore conciliation before resorting to arbitration. “Though Article 26.2 clearly …

Arbitration Cases Monthly Round-Up: January 2023
2 years, 1 month ago

Arbitration Cases Monthly Round-Up: January 2023

Live Law  

Supreme Court: Starting Point Of Limitation U/ Section 34 Arbitration Act In Cases Of Suo Motu Correction Of Award: Supreme Court Explains Case Title: USS Alliance versus State of Uttar Pradesh The Supreme Court has observed that the starting point for the limitation under Section 34 Arbitration and Conciliation Act, in case of suo moto correction of the award, would …

Arbitration Cases Weekly Round-Up: 15 January to 21 January 2022
2 years, 1 month ago

Arbitration Cases Weekly Round-Up: 15 January to 21 January 2022

Live Law  

Supreme Court: 12 Months Time Limit Under Section 29A Arbitration Act Not Applicable To International Commercial Arbitration: Supreme Court Case Title: TATA Sons Pvt Ltd versus Siva Industries and Holdings Ltd The Supreme Court has held that the time limit of twelve months as prescribed in Section 29A of Arbitration and Conciliation Act is not applicable for international commercial arbitration. …

PO, Though Not Having Arbitartion Clause, Intrinsically Linked To Main Agreement, Dispute Arbitrable: Delhi High Court
2 years, 2 months ago

PO, Though Not Having Arbitartion Clause, Intrinsically Linked To Main Agreement, Dispute Arbitrable: Delhi High Court

Live Law  

The Delhi High Court has ruled that the parties would be governed by the arbitration clause contained in the Contract, even though the arbitration clause is not specifically incorporated in the purchase orders. Thus, the Court concluded that the parties would be governed by the arbitration clause contained in the Contract, even though an arbitration clause was not specifically incorporated …

Arbitration Cases Weekly Round-Up: 25 December To 31 December, 2022
2 years, 2 months ago

Arbitration Cases Weekly Round-Up: 25 December To 31 December, 2022

Live Law  

Bombay High Court: Correspondence Between Parties Cannot Overrule Clear Intention Under Agreement Providing For Optional Arbitration: Bombay High Court Case Title: GTL Infrastructure Ltd. versus Vodafone India Ltd. Arbitration Can Be Invoked Against Party Deleted From Section 9 Application: Bombay High Court Case Title: Deccan Paper Mills Co. Ltd. versus M/s. Calcutta High Court: Disclosure Of Impartiality By Arbitrator Appointed …

Correspondence Between Parties Cannot Overrule Clear Intention Under Agreement Providing For Optional Arbitration: Bombay High Court
2 years, 2 months ago

Correspondence Between Parties Cannot Overrule Clear Intention Under Agreement Providing For Optional Arbitration: Bombay High Court

Live Law  

The Bombay High Court has ruled that where a clause stipulated that the parties ‘may’ be referred to arbitration, the said clause does not constitute an arbitration agreement, despite the fact that the clause conferred a binding nature upon the decision of the Arbitrator. After certain disputes arose between the parties under the Master Service Agreement, the petitioner invoked the …

Dispute Between Parties Under A "Non-Binding Term Sheet" Can Be Referred To Arbitration: Delhi High Court
2 years, 2 months ago

Dispute Between Parties Under A "Non-Binding Term Sheet" Can Be Referred To Arbitration: Delhi High Court

Live Law  

The Delhi High Court has ruled that the dispute between the parties under an agreement titled as a "Non-Binding Term Sheet", can be referred to arbitration, holding that the Arbitration Clause contained in the said agreement was binding between the parties. After some disputes arose between the petitioner- Welspun One Logistics Parks Fund I, and the respondent- Mohit Verma, under …

Requirement Of Notice Of Arbitration Is Not A Mere Technicality: Delhi High Court
2 years, 3 months ago

Requirement Of Notice Of Arbitration Is Not A Mere Technicality: Delhi High Court

Live Law  

The High Court of Delhi has held that a notice of arbitration is sine qua non for commencing an arbitral proceeding and invalidity of invocation goes to the very root of the matter and hits the jurisdiction of the Court to entertain applications arising out of the arbitration proceedings. The Court also held that the finding of the Court, regarding …

Rights Under An Agreement Are Superseded By A Subsequent One? Arbitrator To Decide: Delhi High Court
2 years, 3 months ago

Rights Under An Agreement Are Superseded By A Subsequent One? Arbitrator To Decide: Delhi High Court

Live Law  

The Delhi High Court has ruled that the arbitration clause relates to the resolution of disputes between the parties and not the performance of the contract and thus, the arbitration agreement survives even if the contract comes to an end. The Release Deed provided that in furtherance of the terms of the MoU and the Lease Agreement, the respondent shall …

Arbitration Cases Weekly Round-Up: 13 November To 19 November, 2022
2 years, 4 months ago

Arbitration Cases Weekly Round-Up: 13 November To 19 November, 2022

Live Law  

Delhi High Court: Invalidity Of The Appointment Procedure Would Not Render The Entire Arbitration Clause Invalid: Delhi High Court Case Title: Ram Kripal Singh Construction Pvt. Section 12 Of A&C Act Applies To Proceedings Commenced Before Or After The 2015 Amendment: Delhi High Court Case Title: Ram Kripal Singh Construction Pvt. Gujarat High Court: Section 19 Of MSMED Act Applies …

Subsequent Consulting Agreements Prescribing Arbitration Do Not Bind Parties When MoU Forming Basis Of Claim Doesn't Contain Arbitration Clause: P&H High Court
2 years, 4 months ago

Subsequent Consulting Agreements Prescribing Arbitration Do Not Bind Parties When MoU Forming Basis Of Claim Doesn't Contain Arbitration Clause: P&H High Court

Live Law  

Punjab and Haryana High Court recently held that where the claim of a party to an agreement is based upon a Memorandum of Understanding which does not contain an arbitration clause, the Court is not required to refer the matter merely because the subsequent Consulting Agreements executed by the parties contemplate arbitration. The bench comprising Justice Augustine George Masih and …

Arbitration Cases Weekly Round-Up: 9 October To 15 October, 2022
2 years, 5 months ago

Arbitration Cases Weekly Round-Up: 9 October To 15 October, 2022

Live Law  

Delhi High Court: Period Of Limitation For Referring The Dispute To Arbitration Commences Only After The Failure Of Pre-Arbitration Mechanism: Delhi High Court Case Title: Welspun Enterprises Ltd. versus NCC Ltd. Whether A Claim Is A 'Notified Claim' Under The Contract, Falls Outside The Scope Of Arbitration: Delhi High Court Case Title: M/s Janta Associates and Co. Ltd. versus Indian …

Delhi High Court Delineates Circumstances To Invoke "Group Of Companies" Doctrine
2 years, 5 months ago

Delhi High Court Delineates Circumstances To Invoke "Group Of Companies" Doctrine

Live Law  

The Delhi High Court has ruled that the plea that signatures to the MoU containing an arbitration clause were obtained by threat and coercion, cannot be considered while considering an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of the Arbitrator. However, the Court added that in certain exceptional circumstances, by invoking the concept of …

Arbitration Cases Weekly Round-Up: 2 October To 8 October, 2022
2 years, 5 months ago

Arbitration Cases Weekly Round-Up: 2 October To 8 October, 2022

Live Law  

Supreme Court: Arbitral Tribunal Must Give Reasons For Fixing Interest Rate; Award Holder Not Entitled To Interest For Delay Caused By It : Supreme Court Case Title: Executive Engineer versus Gokul Chandra Kanungo The Supreme Court recently held that a case where the award holder was responsible for delaying the proceedings which led to a huge lapse of time would …

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