Articles for Clause Agreement

SARFAESI And Arbitration Proceedings Can Proceed Parallely As Nature Of Both Proceedings Is Distinct: Bombay High Court
3 months, 3 weeks ago

SARFAESI And Arbitration Proceedings Can Proceed Parallely As Nature Of Both Proceedings Is Distinct: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Advait M Sethna has affirmed that SARFAESI proceedings are in the nature of enforcement proceedings, while arbitration is in the context of an adjudicatory proceedings. A careful perusal of the record makes it clear that there is an arbitral clause contained in loan agreement dated 13 September 2018 which states that all claims …

High Court Arbitration Bombay High Court Loan Applicant Agreement Respondent
Arbitration Clause From Another Contract Can Be Incorporated Into Contract Only By Specific Reference: Delhi High Court
4 months ago

Arbitration Clause From Another Contract Can Be Incorporated Into Contract Only By Specific Reference: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Subramonium Prasad affirmed that the arbitration clause from another contract can be incorporated into the contract when there is a clear intention that arbitration clause contained in another contract would also be incorporated in the contract by which the disputes would be resolved. Brief Facts The present petition has been filed under Section …

Contract Arbitration Court Parties Work Statement Service
Designation Of Seat Of Arbitration Akin To An Exclusive Jurisdiction Clause: Delhi High Court Allows Section 11 Application
1 year ago

Designation Of Seat Of Arbitration Akin To An Exclusive Jurisdiction Clause: Delhi High Court Allows Section 11 Application

Live Law  

The Delhi High Court single bench of Justice Prateek Jalan held that designation of a seat of arbitration is akin to an exclusive jurisdiction clause. The parties having been unable to achieve consensus on the appointment of the arbitrator, the Petitioner approached the Delhi High Court and filed an application under Section 11 of the Arbitration and Conciliation Act, 1996. …

Delhi Kolkata Arbitration Jurisdiction Dispute Court Parties
Individual/Minority Members Of Housing Society Can't Invoke Arbitration Clause In Development Agreement: Bombay High Court
1 year, 1 month ago

Individual/Minority Members Of Housing Society Can't Invoke Arbitration Clause In Development Agreement: Bombay High Court

Live Law  

The Bombay High Court bench comprising Justice Manish Pitale held that individual and minority members of a society cannot invoke arbitration clauses in development agreements against the developer. The High Court held that when a cooperative housing society enters into a development agreement, the majority members' decision would prevail, subsuming individual members' desires within the society's collective representation. Consequently, the …

Society High Court Arbitration Development Bombay High Court Agreement Housing Society
PGA Tour and Saudi wealth fund drop poaching clause from agreement at Justice Department’s request
1 year, 8 months ago

PGA Tour and Saudi wealth fund drop poaching clause from agreement at Justice Department’s request

Associated Press  

The PGA Tour and the Saudi backers of LIV Golf responded to a Justice Department inquiry by dropping a provision in their agreement that would have prohibited the poaching of players, the PGA Tour said Thursday. The New York Times first reported the development, which stems from the Justice Department’s antitrust review that began last summer and expanded when the …

Golf Agreement Saudi Tour Liv Justice Department Liv Golf
Arbitrator Can Award Pendente Lite Interest If There Is No Bar Under Contract : Supreme Court
2 years ago

Arbitrator Can Award Pendente Lite Interest If There Is No Bar Under Contract : Supreme Court

Live Law  

The Supreme Court recently reiterated that unless there is a specific bar under the contract, it is always open for the Arbitrator to award pendente lite interest in view of Section 31 of the Arbitration and Conciliation Act 1996. Sundresh, while adjudicating an appeal filed in Indian Railway Construction Company Limited v M/s National Buildings Construction Corporation Limited, has affirmed …

Contract Supreme Court High Court Court Interest Termination Agreement
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, 6 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 Court Bombay High Court Parties Order Reference Letter
If Original Agreement Contains Arbitration Clause, Subsequent Agreement Extending Just Validity Need Not To Have A Separate Arbitration Clause: Calcutta High Court
2 years, 11 months ago

If Original Agreement Contains Arbitration Clause, Subsequent Agreement Extending Just Validity Need Not To Have A Separate Arbitration Clause: Calcutta High Court

Live Law  

The High Court of Calcutta has held that a subsequent agreement entered into between the parties need not contain a separate arbitration clause if it is made only to extend the validity of the original agreement that contained an arbitration clause. The Court further held that the arbitration clause contained in the original agreement would not come to an end …

Arbitration Court Parties Agreement Held Respondent Original
Barcelona could be forced to close Nou Camp as punishment for early agreement with Antoine Griezmann
5 years, 6 months ago

Barcelona could be forced to close Nou Camp as punishment for early agreement with Antoine Griezmann

Daily Mail  

Barcelona may be forced to close the Nou Camp as part of their punishment if found guilty of a premature agreement with Antoine Griezmann. Barcelona paid the release clause at La Liga headquarters in July but Atletico sought court action that could lead to a stadium ban for their domestic rivals, according to El Mundo. Barcelona could be punished with …

Barcelona Stadium Griezmann Nou Camp
No agreement on food security better than a bad one: Sharma
11 years, 3 months ago

No agreement on food security better than a bad one: Sharma

India TV News  

Bali: Dismissing the suggestion that India was insisting on food security because of the ensuing general elections at home, Commerce and Industry Minister Anand Sharma on Thursday said New Delhi was only pursing an old proposal and stressed that "no agreement" would be better than a bad one. The Minister, at a packed press conference, made it clear that New …

Food India Security Food Security Agreement New Delhi Sharma