Arbitration Cases Weekly Round-Up: 15th May to 21st May, 2022
2 years, 7 months ago

Arbitration Cases Weekly Round-Up: 15th May to 21st May, 2022

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Bombay High Court: Novation Of Partnership Deed, Arbitration Clause Contained In The Deed Can Be Invoked: Bombay High Court Case Title: Praful A. Mehta versus Nainesh M. Gandhi The Bombay High Court has ruled that the allegation of forgery is required to be dealt with at the stage of trial before the Arbitrator. Calcutta High Court The Finding Of The MSME Council On Its Jurisdiction Is Not AnInterim Award: Calcutta High Court Case Title: Board of Trustees for the Syama Prasad Mookerjee Port, Kolkata versus Marinecraft Engineers Private Limited Case Citation: 2022 LiveLaw 194 The High Court of Calcutta has held that the decision of the MSME Council on its jurisdiction is an order under Section 16 of the A&C Act and it cannot be termed as an interim award that can be directly challenged under Section 34 of the A&C Act pending adjudication on the other issues. No Direction Can Be Passed To Sell Property To Third Party In Section 9 Petition Of The A&C Act: Calcutta High Court Case Title: Aditya Birla Finance Ltd versus Mcleod Russel India Ltd. and Ors. Delhi High Court: Rejected Claims By Resolution Professional In Insolvency Proceedings, To Be Decided By The Arbitrator: Delhi High Court Case Title: Bharat Petroresources Limited versus JSW Ispat Special Products Limited Citation: 2022 LiveLaw 469 The High Court of Delhi held that the claims rejected by Resolution Professional in the insolvency proceedings on the ground that they arose after the Insolvency Commencement Date, are to be decided by the arbitrator. Mere Pendency Of An Insolvency Petition Is Not A Bar To The Appointment Of The Arbitrator: Delhi High Court Case Title: Millennium Education Foundation versus Educomp Infrastructure and School Management Limited Citation: 2022 LiveLaw 449 The High Court of Delhi has held that the mere pendency of an insolvency petition under Section 9 of the IBC is not a bar to the appointment of an arbitrator.

History of this topic

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1 week, 5 days ago
S. 14 Limitation Act Applicable To Arbitration & Conciliation Act : Supreme Court
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Section 29A Of Arbitration & Conciliation Act, 1996: Complications More Than Cure
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Interpretation Of Contractual Stipulations Must Be Done To Give Full Effect To Arbitration Agreement: Rajasthan High Court
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Ineligibility Of Arbitrator Cannot Be Challenged First Time Under Section 34 Of Arbitration Act: Madras High Court
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Two Arbitration Petitions For Same Relief Cannot Be Filed: Chhattisgarh High Court
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SARFAESI And Arbitration Proceedings Can Proceed Parallely As Nature Of Both Proceedings Is Distinct: Bombay High Court
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Court Which Appointed Arbitrator Has Jurisdiction To Substitute Arbitrator Or Extend Time U/S 29 Of Arbitration Act: Delhi High Court
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3 weeks ago
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3 weeks, 3 days ago
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1 month ago
S.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court
1 month ago
Whether Claim Is Barred By Res Judicata Cannot Be Decided By Court At S.11 Stage Of Arbitration Act: P&H High Court
1 month ago
Fresh Arbitrator Can Be Appointed By Court U/S 14 Of Arbitration Act If Proposed Arbitrator Is Ineligible U/S 12(5): J&K And Ladakh HC
1 month ago
Unless Appointment Of Arbitrator Under Arbitration Clause Is Ex-Facie Valid, Jurisdiction Of Court U/S 11(6) Cannot Be Barred: Rajasthan HC
1 month ago
Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC
Trending News
1 month ago
Referral Court Has Limited Role U/S 11 Of Arbitration Act To Verify Existence Of Arbitration Agreement: Rajasthan High Court
Trending News
1 month ago
Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court
1 month ago
Award Can Be Set Aside U/S 34 Of Arbitration Act If Arbitrator Travels Beyond Arbitration Agreement: Madhya Pradesh HC
Trending News
1 month, 1 week ago
De-Jure Ineligibility To Act As Arbitrator U/S 12(5) Of Arbitration Act Can Be Waived Only By Express Agreement In Writing: Delhi High Court
Trending News
1 month, 1 week ago
Arbitration Weekly Round-Up: 4th November To 10th November 2024
1 month, 1 week ago
Plea Of Limitation Shall Be Deemed To Be Waived If Not Raised Before Arbitrator U/S 16 Of Arbitration Act: Madhya Pradesh High Court
1 month, 1 week ago
Arbitration Monthly Digest: October 2024
1 month, 1 week ago
Interim Relief By Arbitral Tribunal – Still An Unresolved Mystery?
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Objection To Tribunal's Jurisdiction U/S 16 Of Arbitration Act Must Be Raised Before Or At Time Of Statement Of Defence: Himachal Pradesh HC
1 month, 2 weeks ago
High Court Holds that Applicant Must Dispute Contents of Plaint in Arbitration Case
1 month, 2 weeks ago
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Institutionalizing Arbitration: The Crucial Role of Domain Experts in India's Appellate Tribunals
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Arbitrator's Disqualification: Non-Disclosure of Affiliation a Ground for Disqualification Under Section 12 of the Arbitration Act
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Dispute on Ineligibility of Arbitrator in Coal Trading Dispute
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2 months ago
Limited Scope of Examination under Section 11 of the Arbitration Act: Bombay High Court
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