Arbitration Clause In Unstamped Agreements Enforceable? CJI Says Curative Petition Will Be Heard Soon, Seeks Assistance Of Specialised Lawyers
1 year, 3 months ago

Arbitration Clause In Unstamped Agreements Enforceable? CJI Says Curative Petition Will Be Heard Soon, Seeks Assistance Of Specialised Lawyers

Live Law  

The Supreme Court on Wednesday said that it will soon hear the curative petition on the issue whether that unstamped/insufficiently stamped arbitration agreements are unenforceable. Chief Justice of India DY Chandrachud, who was presiding over a 5-judge bench, said that the curative petition might be heard next week. The bench, also comprising Justice Hrishikesh Roy, Justice PS Narasimha, Justice Pankaj Mithal, and Justice Manoj Misra, had convened to hear a reference on another issue relating to the Arbitration and Conciliation Act 1996 - whether a person, who is ineligible to be appointed as an arbitrator, can appoint an arbitrator. In the Constitution bench judgement, Justice Joseph in concurrence with Justice Bose and Justice Ravikumar had decided that "an instrument which is exigible to stamp duty may contain an arbitration clause and which is not stamped cannot be said to be a contract enforceable in law within the meaning of S. 2 of the Contract Act and is not enforceable under S 2 of the Contract Act”.

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History of this topic

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court
2 weeks, 3 days ago

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna has held that section 2 of the Arbitration Act which defined the International Commercial Arbitration is a non derogable provision and its applicability cannot be excluded even by mutual consent of the parties. However, certain Sections of the Act, like S.2 which is the definition section, form the basic structure …

Two Arbitration Petitions For Same Relief Cannot Be Filed: Chhattisgarh High Court
2 weeks, 5 days ago

Two Arbitration Petitions For Same Relief Cannot Be Filed: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court bench of Chief Justice Mr. Ramesh Sinha has held that two arbitration petitions for the same relief cannot be filed. The members of the applicant Society are the lessees of the respondent, a registered private Company and all the individual members have entered into lease agreement for transfer of individual shop. It also submitted that despite …

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 weeks, 1 day 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 …

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC
Trending News
1 month ago

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC

Live Law  

The Delhi High Court bench of Justice Sachin Datta has held that the objections as regards the capacity of the party to initiate arbitration is an aspect which is necessarily required to be gone into the arbitration proceedings, however, the same could not preclude the constitution of an Arbitral Tribunal. The court held that a party may raise appropriate jurisdictional/preliminary …

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court
1 month, 1 week ago

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Subramonium Prasad has held that pre requirement of conciliation in an arbitration clause before invoking the arbitration cannot be a bar to file an application under section 11 of the Arbitration Act seeking appointment of an Arbitrator. That disputes have arisen between the parties regarding payment of dues.,the Petitioner herein invoked Clause 17.7 …

Arbitration now preferred method for commercial justice: CJI Chandrachud
6 months, 2 weeks ago

Arbitration now preferred method for commercial justice: CJI Chandrachud

Hindustan Times  

Chief Justice of India Dhananjaya Y Chandrachud has underscored the pivotal role of arbitration in the realm of commercial justice, asserting that it is no longer an alternative but a preferred method of dispute resolution. Delivering his address at the Supreme Court of the United Kingdom on Thursday evening, the CJI highlighted the evolution of arbitration from a supplementary dispute …

Arbitration Weekly Round Up: 22nd April to 28th April 2024
7 months, 3 weeks ago

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

Live Law  

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. …

Arbitration Weekly Round-up: 1st April to 7th April 2024
8 months, 1 week ago

Arbitration Weekly Round-up: 1st April to 7th April 2024

Live Law  

High Courts Allahabad High Court Allahabad High Court Directs Inquiry Against Officers Who Failed To File Arbitration Appeals Within Prescribed Limitation Case Title: Executive Engineer Drainage Division v. Ms Ayush Construction And Another The Allahabad High Court has directed Principal Secretary/Additional Chief Secretary, Irrigation, Uttar Pradesh to conduct an inquiry against officers who were responsible for filing appeals under Section …

No Need For Notice To Invoke Fresh Arbitration Where Analogous Arbitral Proceedings Going: Delhi High Court Allows Section 11(6) Petition
9 months, 4 weeks 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 Referred By Civil Court Without Invoking S. 11 Of Arbitration Act Doesn't Require Registration, It's Part Of Decree: Karnataka High Court
10 months, 1 week ago

Arbitration Referred By Civil Court Without Invoking S. 11 Of Arbitration Act Doesn't Require Registration, It's Part Of Decree: Karnataka High Court

Live Law  

The Karnataka High Court single bench comprising Justice MG Uma held that when a Civil Court refers the parties to arbitration and appoints an arbitrator without invoking Section 11 of the Arbitration and Conciliation Act, 1996, the award merges with the decree accepted by the court, therefore, doesn't warrant to be registered and drawn on a stamp paper. Observations by …

Supreme Court Judgements On Arbitration In 2023
11 months, 4 weeks ago

Supreme Court Judgements On Arbitration In 2023

Live Law  

Starting Point Of Limitation U/ Section 34 Arbitration Act In Cases Of Suo Motu Correction Of Award: Supreme Court Explains The Supreme Court 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 be the date on which the correction was made and the corrected …

Arbitration Weekly Round-Up: 27th November to 3rd December
1 year ago

Arbitration Weekly Round-Up: 27th November to 3rd December

Live Law  

Bombay High Court N.N. Court U/S 37 Of The A&C Act Can’t Undertake An Independent Assessment Of Arbitral Award,: Bombay High Court Case Title: Madgavkar Salvage v. Bergen Offshore Logistics Pvt Ltd, Comm. Taking into account the legal position, the case law on the subject and the particular facts in the present matter, the Court is accordingly of the view …

'India Is Arbitration-Friendly' : Justice SK Kaul Says At International Legal Forum Of Asia-Pacific Region
1 year, 2 months ago

'India Is Arbitration-Friendly' : Justice SK Kaul Says At International Legal Forum Of Asia-Pacific Region

Live Law  

Justice Sanjay Kishan Kaul, judge of the Supreme Court, participated in the 12th International Legal Forum of the Asia-Pacific Region on Thursday. The topic of the forum was, "Balance of Protection of National Interests and Rights of Participants of International Economic Relations".In his address, Justice Kaul said that the judiciary should exercise restraint in interfering. In his address, Justice Kaul …

Court Has Power To Issue Time Bound Directions To Collector Of Stamps To Decide On Unstamped Arbitration Agreements, Purpose Of Section 11(13) Of A&C Act Should Not Be Defeated: Delhi High Court
1 year, 3 months ago

Court Has Power To Issue Time Bound Directions To Collector Of Stamps To Decide On Unstamped Arbitration Agreements, Purpose Of Section 11(13) Of A&C Act Should Not Be Defeated: Delhi High Court

Live Law  

The Delhi High Court has held the Court exercising power under Section 11 of the A&C Act has the power to issue time bound directions to Collector of Stamps to decide on unstamped arbitration agreements to ensure that the mandate of Section 11 of the A&C Act that provides for expeditious disposal of Section 11 petition should not be defeated. …

Himachal Pradesh High Court Stays Arbitration Proceedings Commenced Without Fulfilling The Pre-Arbitration Condition Of Negotiation
1 year, 4 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 …

Finding Of The Tribunal Regarding The Existence Of The Arbitration Agreement Should Not Be Interfered With Unless It Is Manifestly Clear That There Was No Agreement: Calcutta High Court
1 year, 5 months ago

Finding Of The Tribunal Regarding The Existence Of The Arbitration Agreement Should Not Be Interfered With Unless It Is Manifestly Clear That There Was No Agreement: Calcutta High Court

Live Law  

The High Court of Calcutta has held the Courts, while exercising powers under Section 48 of the A&C Act, cannot re-appreciate the evidence or substitute its view with that of the arbitral tribunal. : the respondent contended that the petitioner has not filed, with the arbitration award, a copy of the original arbitration agreement, therefore, the enforcement should be refused …

Arbitration Agreement In Unstamped Contract Which Is Exigible To Stamp Duty Not Enforceable: Supreme Court Holds By 3:2 Majority
1 year, 7 months ago

Arbitration Agreement In Unstamped Contract Which Is Exigible To Stamp Duty Not Enforceable: Supreme Court Holds By 3:2 Majority

Live Law  

A Constitution Bench of the Supreme Court, on Tuesday, answered the reference, which pertains to the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable. Justice Joseph in concurrence with Justice Bose and Justice Ravikumar decided that "an instrument which is exigible …

Court May Decline To Refer Parties To Arbitration If Dispute Doesn’t Correlate To Arbitration Agreement: Delhi High Court Reiterates
1 year, 8 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
1 year, 9 months 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 …

Judiciary must step in to ensure an effective arbitration ecosystem: CJI
1 year, 10 months ago

Judiciary must step in to ensure an effective arbitration ecosystem: CJI

Hindustan Times  

The judiciary has to play an important role in ensuring an effective arbitration ecosystem by stepping in to protect the independence and impartiality of arbitral proceedings, Chief Justice of India DY Chandrachud said on Thursday, while also stressing on the need for a “gender-diverse arbitral pool” to bring experiential learning to the entire process. Not least of those interventions is …

Agreement To Explore Conciliation Before Arbitration, Only Directory In Nature: Delhi High Court
1 year, 10 months 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 …

Is Arbitration Clause In Unstamped Contract Valid? Supreme Court Constitution Bench Reserves Judgment
1 year, 10 months ago

Is Arbitration Clause In Unstamped Contract Valid? Supreme Court Constitution Bench Reserves Judgment

Live Law  

A Constitution Bench of the Supreme Court, on Wednesday, reserved order in the reference, which pertains to the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable. The issue framed is as under - “Whether the statutory bar contained in Section 35 …

Whether Arbitration Agreement Is Duly Stamped Can Be Looked Into Under Section 11(6A) Jurisdiction, Petitioner Tells Supreme Court
1 year, 10 months ago

Whether Arbitration Agreement Is Duly Stamped Can Be Looked Into Under Section 11(6A) Jurisdiction, Petitioner Tells Supreme Court

Live Law  

A Constitution Bench of the Supreme Court, on Tuesday, continued with the hearing of the reference, which pertains to the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable. The issue framed is as under - Whether the statutory bar contained in …

Mere Reference To Proposal Containing An Arbitration Clause, Unilaterally Signed By One Party, Would Not Amount To An Arbitration Agreement: Bombay High Court
2 years, 3 months ago

Mere Reference To Proposal Containing An Arbitration Clause, Unilaterally Signed By One Party, Would Not Amount To An Arbitration Agreement: Bombay High Court

Live Law  

The Bombay High Court has ruled that in an agreement executed by both the parties which contains independent terms and conditions, a mere reference to a proposal containing an arbitration clause which was unilaterally signed by one party, would not amount to an arbitration agreement coming into existence between the parties. The petitioner argued that the said proposal containing an …

Arbitration Clause, Effect Of Novation; Can't Be Decided Under Section 11 Of A&C Act: Karnataka High Court
2 years, 3 months ago

Arbitration Clause, Effect Of Novation; Can't Be Decided Under Section 11 Of A&C Act: Karnataka High Court

Live Law  

The Karnataka High Court has ruled that the issue whether an agreement containing an arbitration clause stood novated with the execution of a second agreement and thus, the arbitration agreement between the parties was not subsisting, cannot be decided at the stage of reference to arbitration under Section 11 of the Arbitration and Conciliation Act, 1996, since it involves a …

Arbitration Clause In An Unregistered But Compulsorily Registrable Document Can Be Enforced: Uttarakhand High Court Reiterates
2 years, 3 months ago

Arbitration Clause In An Unregistered But Compulsorily Registrable Document Can Be Enforced: Uttarakhand High Court Reiterates

Live Law  

The Uttarakhand High Court recently observed that an arbitration agreement does not require registration under the Registration Act. Relying on the Supreme Court's findings in SMS Tea Estates Private Limited v. Chandmari Tea Company Private Limited, 14 SCC 66, a bench comprising Chief Justice Vipin Sanghi reiterated: "Even if it is found as one of the clauses in a contract …

Presence Of An Arbitration Clause Does Not Always Oust Court's Jurisdiction Under Article 226: J&K&L High Court
2 years, 3 months ago

Presence Of An Arbitration Clause Does Not Always Oust Court's Jurisdiction Under Article 226: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that writs under Article 226 are maintainable for asserting contractual rights against the State or its instrumentalities and the presence of Arbitration clause does not oust the jurisdiction under Article 226 in all cases though it still needs to be decided from case to case as to whether recourse to …

Existence Of Arbitration Agreement Can Be Presumed If No Denial Is Made In The Reply: Karnataka High Court
2 years, 3 months ago

Existence Of Arbitration Agreement Can Be Presumed If No Denial Is Made In The Reply: Karnataka High Court

Live Law  

The Karnataka High Court has held that the words "statements of claim and defence" under Section 7 of the A&C Act are to be given wider interpretation and reply to a notice of arbitration falls within the section. The respondent vide its reply dated 15.05.2020 denied its liability to pay any due amount to the petitioner, however, it did not …

Once The Right To Refer The Dispute To Arbitration Is Waived By A Party, It Cannot Be Reclaimed: Karnataka High Court
2 years, 5 months ago

Once The Right To Refer The Dispute To Arbitration Is Waived By A Party, It Cannot Be Reclaimed: Karnataka High Court

Live Law  

The Karnataka High Court has ruled that if a party has disputed the arbitrability of a dispute raised by the opposite party, in its reply to the notice invoking the arbitration clause, it is deemed to have waived its right to seek the reference of the dispute to arbitration. The petitioner submitted before the Commercial Court that the respondent had …

Petition Under S. 11(6) Of The A&C Act Would Be Premature When The Precondition Of Conciliation Is Not Fulfilled: Karnataka High Court
2 years, 6 months ago

Petition Under S. 11(6) Of The A&C Act Would Be Premature When The Precondition Of Conciliation Is Not Fulfilled: Karnataka High Court

Live Law  

The High Court of Karnataka held that the petition under Section 11 of the A&C Act would be premature when the parties have not complied with the precondition of conciliation. The Bench of Chief Justice Ritu Raj Awasthi dismissed the arbitration petition for the appointment of an arbitrator on the ground that the petitioner had directly approached the Court without …

A Party Cannot Dispute The Jurisdiction On Account Of Non-Existence Of The Arbitration Agreement After Submitting Of The Jurisdiction Of The Arbitrator: Delhi High Court
2 years, 6 months ago

A Party Cannot Dispute The Jurisdiction On Account Of Non-Existence Of The Arbitration Agreement After Submitting Of The Jurisdiction Of The Arbitrator: Delhi High Court

Live Law  

The High Court of Delhi held that a party cannot dispute the jurisdiction on account of non-existence of the arbitration agreement after submitting to the jurisdiction of the arbitrator. Accordingly, the Court rejected the contention of the petitioner that the award is passed without jurisdiction since there was no arbitration agreement. The Court also referred to the Statement of Defence …

Mere Use Of Word 'Arbitration' In Agreement Clause Heading Would Not Infer Existence Of Agreement Between Parties To Resolve Disputes Through Arbitration: Delhi HC
2 years, 8 months ago

Mere Use Of Word 'Arbitration' In Agreement Clause Heading Would Not Infer Existence Of Agreement Between Parties To Resolve Disputes Through Arbitration: Delhi HC

Live Law  

The Delhi High Court has observed that the mere use of word 'Arbitration' in the heading in the Clause of Agreement would not lead to the inference that there exists an agreement between such parties seeking resolution of disputes through arbitration.Justice Mukta Gupta referred to a 2014 decision of the Delhi High Court in Avant Garde Clean Room & Engg. …

Existence Of Arbitration Clause Does Not Debar Court From Entertaining A Writ Petition In Contractual Matter: Supreme Court
3 years, 7 months ago

Existence Of Arbitration Clause Does Not Debar Court From Entertaining A Writ Petition In Contractual Matter: Supreme Court

Live Law  

The existence of an arbitration clause does not debar the court from entertaining a writ petition, the Supreme Court observed in a judgment passed on Wednesday.In this case, the Allahabad High Court allowed a writ petition filed by CG Power and Industrial Solutions Limited challenging the directions issued by Executive Engineer, Unnao UPPTCL it to remit Labour Cess amounting. The …

Arbitration Court Reckoner : August 2020
4 years, 3 months ago

Arbitration Court Reckoner : August 2020

Live Law  

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of August 2020 under the Arbitration & Conciliation Act, 1996. Test of Emergent Necessity for grant of relief under S. 9 In Avantha Holdings Ltd. v Vistra ITC India Ltd. High Court of Delhi held that the …

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