The Arbitration and Conciliation Act 1996
18th Oct, 2018
The Supreme Court while holding that an ‘association’ referred to in the definition of International Commercial Arbitration under Section 2(1)(f)(iii) of the Arbitration and Conciliation Act, 1996, would include a consortium consisting of two or […]
17th Oct, 2018
This was held by the Hon’ble High Court of New Delhi in the matter of Connaught Plaza Restaurants Pvt. Ltd. v. Radhakrishna Foodland Pvt. Ltd., OMP(I)(COMM) No. 103 of 2018, on 17th September, 2018. Challenge: […]
15th Oct, 2018
The Supreme Court has held that delay in filing of objection cannot be justified on the grounds of Section 17 of the Limitation Act by taking a defence of fraud having been played on the […]
28th Sep, 2018
The Apex Court in a recent judgment have stated that payment of stamp duty under the Indian Stamp Act is not necessary for the enforcement of foreign arbitration awards in India, thereby laying at rest […]
15th Sep, 2018
The Delhi High Court noted that the relationship of Secretary, Ministry of Defence, GOI with the Union of India i.e. respondent in the present matter was hit by Section 12(5) read with Seventh Schedule of […]
8th Sep, 2018
The Delhi High Court in a recent matter set aside an award passed by a three-member arbitral tribunal even as the agreement between the parties provided for appointment of a sole arbitrator only. The Single […]
6th Aug, 2018
The Supreme Court has held that the requirement [under Section 34(5)] of Arbitration and Conciliation Act of prior notice to the other party before filing an application to set aside an arbitral award is […]
12th Jul, 2018
The Supreme Court has again reiterated that an arbitrator has the power to award interest unless specifically barred from awarding it; and the bar must be clear and specific. This was so held in the […]
18th May, 2018
In a recent judgment, the Supreme Court held that where several parties are involved in a single commercial project executed through several interconnected agreements/contracts then all parties can be covered by the arbitration clause in […]
23rd Apr, 2018
The Delhi High Court held in a judgment that where an arbitration proceeding was dismissed for non-prosecution, the Counter Claim being a separate and independent claim is still maintainable and is bound to be decided […]
6th Apr, 2018
In a recent judgment, the Apex Court ruled that the Arbitration and Conciliation (Amendment) Act, 2015 will be applicable in those arbitral proceedings that have commenced under Section 21 of the Arbitration and Conciliation Act, […]
5th Apr, 2018
In a recent judgment the Delhi High Court pronounced that merely because the arbitration agreement refers to the disputes between ‘partners’, the same cannot debar or take away the right of enforcement of such an […]