Challenge: The complainant had complained that the possession of the unit booked was not delivered within a maximum period of three years from the date of agreement. The Opposite parties had taken the plea that […]
The Supreme Court recently had the occasion to determine an issue “Whether an award delivered by an Arbitrator, which decides the issue of limitation, can be said to be an interim award, and whether such […]
The Division Bench of the Delhi High Court held that “the finding of facts as well as of law by the Arbitrator/Arbitral Tribunal is not be interfered with unless the finding is either contrary to […]
Solely because a superior court appoints the arbitrator or issues directions or has retained some control over the arbitrator by requiring him to file the award in this Court, it cannot be regarded as a […]
The Delhi High Court held that a party invoking the arbitration clause does not have to file a formal application seeking a specific prayer for reference of the dispute to arbitration as long as it […]
The Delhi High Court reiterated that arbitration cannot be invoked against a non-party to the arbitration agreement. It was also held that the mere fact that the members of a registered society are parties to […]
The Hon’ble Supreme Court of India in the case titled M/s INOX Wind Ltd. Vs. M/s Thermocables Ltd. (Civil Appeal No. 19 of 2018) decided on 05.01.2018 set aside the decision of the Hon’ble High […]
The term “subject matter of the arbitration” cannot be confused with “subject matter of the suit”. The term “subject matter” in Section 2(1)(e) is confined to Part I. It has a reference and connection with the process […]
When parties have arrived at a concluded contract and acted on the basis of those terms and conditions of the contract then substituting new terms in the contract by the Arbitrator or by the Court […]
Grant or refusal of an interim measure of protection by way of an ad-interim order under Section 9 of the Act is, thus, an appealable order under Section 37
Court has the Jurisdiction to condone delay in re-filing even if the period extends beyond the time specified in Section 34(3) of the Arbitration and Conciliation Act, 1996
Parties to contract relying upon their own set of agreed rules to their advantage are estopped from pleading to the contrary that the rules are inapplicable for any other purpose when such rules are themselves […]