arbitration proceedings Archives

Court cannot interfere with the enforcement of a bank guarantee except cases where fraud or special equity is prima facie made out so as to prevent irretrievable injustice: Delhi High Court

A Single Judge Bench of Chandra Dhari Singh, J. disposed of the petition and restrained from invoking/encashing the bank guarantee.

Op Eds OP. ED.

Issue of Mandate of Pre-Arbitral Steps/Preceding Steps Before Invoking Arbitration

by Aditi Tayal†

Case Briefs Supreme Court

Change of venue does not result in change of the seat of arbitration; holding otherwise would create a recipe for litigation: Supreme Court

Supreme Court: The bench of Ajay Rastogi and Sanjiv Khanna*, JJ has held that subsequent hearings or proceedings at a different location

Case Briefs Supreme Court

Explained: Does Limitation Act, 1963 apply to arbitration proceedings under Section 18(3) of Micro, Small and Medium Enterprises Development Act, 2006

Supreme Court: The bench of Ashok Bhushan and R. Subhash Reddy*, JJ has held that the Limitation Act, 1963 is applicable to

Op Eds OP. ED.

Applicability of the Law of Limitation to Arbitration Proceedings

by Gunjan Chhabra†

Op Eds OP. ED.

Works contract and Levy of Stamp Duty under the Maharashtra Stamp Act

by Dormaan Dalal*

Case Briefs High Courts

Ker HC | No bar to simultaneous continuance of a criminal proceeding and a civil proceeding, if the two arise from separate causes of action

Kerala High Court: R. Narayana Pisharadi, J. dismissed a petition praying for quashing the criminal proceedings against the petitioner initiated under Section

Case Briefs High Courts

Bom HC | Not unlawful for an Advocate to enter into a “contingent contract” while appearing in capacity of a “counsel” in arbitration proceedings

Bombay High Court: A.S. Chandurkar, J., clarified that a contract whereby an advocate asks for the fee based on the outcome of

Case Briefs High Courts

Arbitrator is not under an obligation to frame issues before adjudication; may do so for the sake of crystallizing the dispute

Jammu & Kashmir High Court: A Division Bench comprising of Sindhu Sharma, Dhiraj Singh Thakur, JJ., allowed an LPA filed against the

Case Briefs High Courts

Petition under Article 226 or 227 challenging interlocutory order passed in arbitration proceedings not to be entertained

Bombay High Court: A Division Bench comprising of B.R. Gavai and M.S. Karnik, JJ. dismissed a petition filed against the order of

Case Briefs High Courts

Antrix-Devas Dispute: HC allows Bangalore City Civil Court to decide upon jurisdiction in the matter

Delhi High Court: The Division Bench comprising S. Ravindra Bhat and Yogesh Khanna, JJ. set aside the decision of the Single Bench