The Milestone Achievement of Amazon in Reinstating the Status Quo of Party Autonomy in Domestic and International Commercial Arbitrations
by Swarnendu Chatterjee*and Sneha Rath**
arbitration agreement
ICADR Rules regarding procedure come into play only after arbitration commences before appropriate jurisdiction of law: Del HC summarises law on seat, venue of arbitration
Delhi High Court: While observing that the role of ICADR Rules shall come into play with regard to the procedure to be
Chairman of party who entered into arbitration, can he be categorised as eligible under Arbitration and Conciliation Act? SC highlights impartiality of arbitrators as a key element while pronouncing this ruling
Supreme Court: Expressing on the aspect of independence and impartiality of the arbitrators, Division Bench of M.R. Shah and Aniruddha Bose, JJ.,
Del HC | Whether once a bench of SC has doubted correctness of an earlier bench of co-equal strength, and referred the issue to a larger bench, Courts lower in hierarchy should continue to follow earlier decision – Is it debatable?
Delhi High Court: C. Hari Shankar, J. observed that, The question of whether, once a bench of the Supreme Court has doubted
Foreign arbitral award enforceable against non-signatories to agreement; ‘perversity’ no longer a ground to challenge foreign award; tort claims arising in connection with agreement are arbitrable: SC expounds law on foreign awards
Supreme Court: A Division Bench comprising of R.F. Nariman and B.R. Gavai, JJ. held that a foreign arbitral award is enforceable against
Del HC | Can a party unilaterally appoint an Arbitrator of their choice? Read on
Delhi High Court: Suresh Kumar Kait, J., reiterated that no party could be permitted to unilaterally appoint an Arbitrator, as the same
Explained: Maintainability of counter claims in arbitration proceedings under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006
Supreme Court: The bench of Ashok Bhushan and R. Subhash Reddy*, JJ has held that the Micro, Small and Medium Enterprises Development
Del HC | Are trademark disputes arbitrable? Court interprets S. 8 of Arbitration Act; differentiates between rights emanating from Trademark Act and Trademark Agreement
Delhi High Court: Jayant Nath, J., observed that the assignment of the trademark is by a contract and not by a statutory
Del HC | Can sole arbitrator’s appointment be disputed if he was consultant/advisor to one of the parties to dispute? Court examines
Delhi High Court: J.R. Midha, J., in view of serious doubts on the independence of sole arbitrator as named in the arbitration
Can a non-signatory or confirming party be made party to the arbitration? The position of non-signatory in an arbitration agreement
by Arush Agarwal† and Bhavya Gupta††
Del HC | When does ‘Novation’ under the Contract Act takes place? Read while HC examines the scope of S. 8 of Arbitration Act
Delhi High Court: Jayant Nath, J., while addressing the matter stressed upon the essentiality of Novation and Arbitration Agreement. Factual Matrix The
Why are Landlord-tenant disputes under TP Act arbitrable but those under Rent Acts non-arbitrable? [‘Vidya Drolia’ explainer by Supreme Court]
Supreme Court: Three days after the Court overruled the ratio in Himangni Enterprises v. Kamaljeet Singh Ahluwalia, (2017) 10 SCC 706 wherein it was held
‘Landlord-tenant disputes under Transfer of Property Act are arbitrable’. SC lays down test for determining non-arbitrability of disputes
Supreme Court: The 3-judge bench of NV Ramana*, Sanjiv Khanna** and Krishna Murari, JJ has overruled the ratio in Himangni Enterprises v.
Stamping of Agreements vis-à-vis Section 9 of the Arbitration & Conciliation Act, 1996
by Yakshay M. Chheda* & Ishan J. Ravindranath**
Ker HC | Any condition that requires petitioner to make a pre-deposit of any amount for invoking the arbitration would fall foul of the law declared by SC; Petition allowed
Kerala High Court: A.K. Jayasankaran J., allowed the present petition, clarifying the scope and ambit of powers to be exercised by Courts
Bom HC | Salutary object of Arbitration & Conciliation Act cannot be defeated by adding a claim over and above the claim squarely covered by arbitration agreement
Bombay High Court: N.J. Jamadar, J., while disposing of an interim application filed by the defendants in a commercial division summary suit,
Bom HC | Stamp duty cannot be avoided on arbitration agreement, even if the rest of the contract is executed outside state
Bombay High Court: G.S.Patel, J., held that an arbitration agreement must be stamped in the state where the arbitration is to take place,
Court can’t directly appoint arbitrator if parties have not exhausted remedies under Arbitration Agreement
Supreme Court: The bench of AM Khanwilkar and Ajay Rastogi, JJ has held that the Chief Justice or his Designate, in exercise