arbitration clause Archives

Bombay High Court analyses whether ‘referring disputes to a sole arbitrator’ printed at the back of the tax invoice amount to an arbitration clause

Any document in writing exchanged between the parties which provide a record of the agreement and in respect of which there is no denial by the other side, would squarely fall within the ambit of Section 7 of the Arbitration and Conciliation Act, 1996 and would amount to an arbitration clause.

Case Briefs High Courts

Purchase orders do not in any manner supersede the contract between the parties; Delhi High Court holds arbitration clause in contract valid

The parties may choose to enter two different contracts covering the same transaction at different points of time, however, the purchase orders do not in any manner supersede the contract between the parties.

Case Briefs High Courts

‘Arbitration Agreement is a separate agreement distinct from the main contract’; Delhi High Court refers the parties to arbitration under a ‘Non-Binding Term Sheet’

The Court, while exercising powers under Section 11 of the Act, can refuse to refer the parties to arbitration only where “it is manifestly and ex facie certain that the arbitration agreement is nonexistent, invalid or the disputes are non-arbitrable, though the nature and facet of non-arbitrability would, to some extent, determine the level and nature of judicial scrutiny.”

Case Briefs High Courts

Bombay HC rejects argument that a dispute cannot be referred for arbitration on account of fraud: Read why

Bombay High Court: B.P. Colabawalla, J., addressed an arbitration application filed under Section 11 of the Arbitration and Conciliation Act, 1996. Instant

Case Briefs Supreme Court

Can an officer of the department, appointed as sole arbitrator, continue the arbitration proceedings after his retirement? SC answers

Supreme Court: The bench of MR Shah* and AS Bopanna, JJ has held that once an officer of the department is appointed

Op Eds OP. ED.

Scope of Interference under Article 226 of the Constitution of India in Contractual Matters – Need for Certainty in Jurisprudence

by Ashwini Chawla† and Aditya Pratap Singh Rathore††

Case Briefs Supreme Court

When can High Court entertain a writ petition, notwithstanding the availability of an alternative remedy? Supreme Court explains

“The availability of an alternative remedy does not prohibit the High Court from entertaining a writ petition in an appropriate case.”

Case Briefs High Courts

Delhi HC issues notice in a plea raising important issues concerning payment of rent by Cinema Halls during lockdown, doctrine of incorporation of arbitration clause, recourse in absence of force majeure clause

Delhi High Court: Sanjeev Narula, J., issued notice to the respondent in a petition filed under Section 9 [interim measures, etc. by

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Is it open to NCLT, while deciding S. 9 IBC application, to pass an order directing parties to go for Arbitration? Appellate Commission explains NCLT’s jurisdiction in such cases

National Company Law Appellate Tribunal (NCLAT): The Division Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Dr Ashok Kumar Mishra (Technical

Case Briefs High Courts

Ori HC | Can an arbitration clause be invoked when there is an arbitration clause in the agreement but not registered or executed? HC decides

Orissa High Court: K. R. Mohapatra J., dismissed the appeal being devoid of merits. The facts of the case are such that

Case Briefs Supreme Court

How to determine if an allegation of fraud falls under “Fraud Exception”to Arbitrability? SC elaborates

Supreme Court: The bench of RF Nariman and Navin Sinha, JJ has held that “serious allegations of fraud” as a ground for

Case Briefs High 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,

Hot Off The Press News

SC to decide if Arbitration Clause in the principal contract be imported into subsequent contracts

Supreme Court: The bench of SA Bobde and SA Nazeer, JJ has issued notice to Pometon Spa, an Italian company involved in

Case Briefs High Courts

MP HC| Court has no jurisdiction under Article 226 of the Constitution of India if alternate remedies available

Madhya Pradesh High Court: Petitioner had filed this petition before a Bench of Subodh Abhyankar, J., under Article 226 of the Constitution

Case Briefs High Courts

Disputes arising out of an agreement containing arbitration clause, must be settled through arbitration

Karnataka High Court: A Single judge bench comprising of Dinesh Maheshwari, J. while hearing a petition praying for the appointment of an

Case Briefs Foreign Courts

Stay on court proceedings in presence of an arbitration clause can be granted to either of the parties to arbitration only

Supreme Court of Singapore: A Single Judge Bench of Choo Han Teck, J., dismissed appeals filed against the order of the Assistant

Case Briefs High Courts

Change of ‘venue’ different from change of ‘seat’ of Arbitration; exercise of jurisdiction under Section 34 A&C Act declined for ‘seat’ being at London: Del HC

Delhi High Court: A Single Judge Bench comprising of Navin Chawla, J., declined to exercise jurisdiction in entertaining a petition filed under Section