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Articles for Vidya Drolia

Dispute Related To Infringement Of Copyright Is Arbitrable, Arbitrator Can Be Appointed U/S 11 Of Arbitration Act: Orissa High Court
3 weeks, 6 days ago

Dispute Related To Infringement Of Copyright Is Arbitrable, Arbitrator Can Be Appointed U/S 11 Of Arbitration Act: Orissa High Court

Live Law  

The Orissa High Court bench of Chief Justice Chakradhari Sharan Singh has held that dispute related to infringement of copyright is arbitrable for which arbitrator can be appointed by the court under section 11 of the Arbitration Act. Brief Facts The present application has been filed under section 11 of the Arbitration Act, seeking appointment of an Arbitrator to resolve …

Copyright Court Arbitrator Vidya Drolia
No Bar On Invoking Arbitration Despite Alternative Remedy Under RERA Act: Gauhati High Court
6 months, 3 weeks ago

No Bar On Invoking Arbitration Despite Alternative Remedy Under RERA Act: Gauhati High Court

Live Law  

The Gauhati High Court bench of Justice Michael Zothankhuma has held that arbitration can be invoked to settle a real estate dispute, despite the existence of an alternative legal remedy under the Real Estate Act. The High Court held that there was there is no inherent conflict or repugnancy between the RERA Act and the Arbitration Act. Additionally, the Supreme …

Arbitration Dispute Court Bar Alternative Held High
Limited Scrutiny of Court Under Section 11 Of Arbitration Act Through The “Eye Of The Needle”, Is Necessary And Compelling: Supreme Court
1 year, 9 months ago

Limited Scrutiny of Court Under Section 11 Of Arbitration Act Through The “Eye Of The Needle”, Is Necessary And Compelling: Supreme Court

Live Law  

The Supreme Court has ruled that the court while exercising jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 is not expected to act mechanically, and that the limited scrutiny of the court at the pre-reference stage, through the “eye of the needle”, is necessary and compelling. While setting aside the High Court’s order, the Supreme Court observed …

Supreme Court Arbitration Court Parties Settlement Agreement High
To Interfere Or Not To Interfere – The Section 11 Conundrum
1 year, 11 months ago

To Interfere Or Not To Interfere – The Section 11 Conundrum

Live Law  

The Courts under Section 11 of the Arbitration and Conciliation Act, 1996, are empowered to intervene if the parties fail to agree on the appointment procedure or are unable to act upon the agreed appointment procedure. In a subsequent ruling in DLF Home Developers Limited -vs- Rajapura Homes Private Limited & Anr., the Supreme Court clarified that the Courts, in …

Arbitration High Courts Court Courts Limitation Act Claims High
Arbitral Reference Can’t Be Made Mechanically Under Section 8, If Some Parties To Suit Are Non-Signatories To Arbitration Agreement: Bombay High Court
1 year, 11 months ago

Arbitral Reference Can’t Be Made Mechanically Under Section 8, If Some Parties To Suit Are Non-Signatories To Arbitration Agreement: Bombay High Court

Live Law  

The Bombay High Court has ruled that if the plaintiff seeks relief in a suit against parties, some of whom are not signatories to the arbitration agreement, the matter cannot be mechanically referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. The Court took note that the Long Form Agreement, containing the arbitration clause, was signed …

Arbitration Court Bombay High Court Parties Agreement High Long
Court Has No Jurisdiction To Review Order Passed Under Section 11 of A&C Act: Delhi High Court
1 year, 11 months ago

Court Has No Jurisdiction To Review Order Passed Under Section 11 of A&C Act: Delhi High Court

Live Law  

The Delhi High Court has reiterated that orders passed in an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 cannot be reviewed since there is no provision of review contained in the A&C Act. The petitioner- M/s Diamond Entertainment Technologies, filed a review petition against the order of the Delhi High Court passed in an application …

Delhi High Court High Respondent Act Petitioner Section 11 Sarfaesi Act
LoA Not Issued, But Bid Documents Establish Contractual Relationship - Arbitration Clause Can Be Invoked : Orissa High Court
2 years, 3 months ago

LoA Not Issued, But Bid Documents Establish Contractual Relationship - Arbitration Clause Can Be Invoked : Orissa High Court

Live Law  

The Orissa High Court has ruled that where a tenderer/bidder is declared as a 'Preferred Bidder', the arbitration clause incorporated in the tender document can be invoked by the bidder, even if no tender is awarded to it and no formal contract is concluded between the parties. The Court held that the arbitration clause contained in the tender document, which …

Contract Arbitration Court Parties Respondent Bid Issued
Courts Need Not Hold Up Arbitration At Pre-Appointment Stage Over Insufficiency Of Stamp Duty: Bombay High Court
2 years, 10 months ago

Courts Need Not Hold Up Arbitration At Pre-Appointment Stage Over Insufficiency Of Stamp Duty: Bombay High Court

Live Law  

Bombay High court on Monday, through single judge A. K. Menon, considered whether the arbitration should be held up at the pre-appointment stage and pre-reference stage or whether party should be left to follow the procedures post reference and be left to agitate their respective challenges. The court observed that unless stamp duty is fully paid with penalty, the court …

Arbitration Court Bombay High Court Duty Judge Held Supreme
What's New With Novation? A Comment On Sanjiv Prakash v. Seema Kukreja & Ors
3 years, 9 months ago

What's New With Novation? A Comment On Sanjiv Prakash v. Seema Kukreja & Ors

Live Law  

A three-judge bench of the Supreme Court in SanjivPrakash v. Seema Kukreja & Ors., recently held that the issue whether an agreement which contains an arbitration clause has or has not been novated, cannot be decided by the Courts at the Section 11 stage. On the same day, a Share Purchase Agreement was executed between the Prakash family and Thomson …

Arbitration Judgment Court Agreement Share Held Mou
Arbitration : Supreme Court Suggests Amendments To Sections 11(7), 37 To Bring Section 8 & 11 At Par On Appealability
3 years, 10 months ago

Arbitration : Supreme Court Suggests Amendments To Sections 11(7), 37 To Bring Section 8 & 11 At Par On Appealability

Live Law  

The Supreme Court has observed that the amendments to Section 11 and 37 of the Arbitration and Conciliation Act, 1996 might be necessary so that the orders passed under Section 8 and 11 are brought on par as far as appealability is concerned.Section 8, which deals with the power of a court to refer parties to arbitration, was amended in …

Supreme Court Arbitration Court Parties Agreement Section 8 Par
Arbitration Court Reckoner : January 2021
3 years, 10 months ago

Arbitration Court Reckoner : January 2021

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 January 2021 under the Arbitration & Conciliation Act, 1996. Merely because the Section 9 proceedings entails disputed facts does not lead to dismissal of a Section 9 application/petition In Luxe Passion Private Limited v Freedom Roost, …

India Supreme Court High Court Arbitration Court Order Case
Whether Non-Payment Of Stamp Duty On Commercial Contract Will Invalidate Arbitration Agreement? Supreme Court Refers Issue To Constitution Bench
3 years, 11 months ago

Whether Non-Payment Of Stamp Duty On Commercial Contract Will Invalidate Arbitration Agreement? Supreme Court Refers Issue To Constitution Bench

Live Law  

A three judge bench of the Supreme Court has observed that non-payment of stamp duty on the commercial contract will not invalidate the arbitration agreement.Disagreeing with two earlier judgments in this regard, the bench comprising Justices DY Chandrachud, Indu Malhotra and Indira Banerjee referred the following question to the Constitution Bench. A three judge bench of the Supreme Court has …

Contract Supreme Court Court Constitution Bench Parties Duty Agreement
The End Of A Saga- The Conundrum Of Arbitrability Of Landlord-Tenant Disputes
4 years ago

The End Of A Saga- The Conundrum Of Arbitrability Of Landlord-Tenant Disputes

Live Law  

A long due controversy on arbitrability of tenancy disputes has finally been put to rest by the Hon'ble Supreme Court of India. A bench comprising of Hon'ble Justice N.V. Ramana, Justice Sanjiv Khanna and Justice Krishna Murari on 14 December, 2020 in the matter of "Vidya Drolia and others v Durga Trading Corporation", has overruled the ratio laid down in …

India Arbitration Public Policy Rights Disputes Case Agreement
The Existential Conundrum Of An Arbitration Agreement
5 years, 8 months ago

The Existential Conundrum Of An Arbitration Agreement

Live Law  

On 18th July 2018, a bill titled The Arbitration and Conciliation Bill, 2018 was introduced in the Lok Sabha. The newly inserted Section 11 which confines the Supreme Court or High Court's role "to the examination of the existence of an arbitration agreement" in an application filed by a party under Section 11, or was omitted by clause 3 of …

Insurance Supreme Court High Court Arbitration Court Courts Agreement