Presence of clear intention of parties and meeting of their minds, a pre-requisite to refer dispute(s)to arbitration: Calcutta High Court
Introduction In what could be touted as a significant ruling, the Calcutta High Court (“the HC”)in Blue Star Limited versus Rahul Saraf[1], echoed that there must be a definite and explicit intention of the parties
Delhi High Court On Scope Of Arbitrability Of Disputes Arising Out Of An Insurance Claim, When The Claim Is Partially Rejected
Introduction The Hon’ble Delhi High Court (“HC”) in a recent judgment of Shivalaya Construction Co. Pvt. Ltd. vs. National Insurance Company Ltd.[1],deliberated on the arbitrability and maintainability of a policyholder’s right to invoke arbitration in
What constitutes breaking point while applying for appointment of arbitrator?…Supreme Court
Introduction In the recent judgment of M/s. B and T AG vs. Ministry of Defence[1],the Supreme Court (“the SC”) while discussing on issues of limitation for filing of application under S.11 (“the Application”)of the Arbitration
NN Global Mercantile Limited v. Indo Unique Flame Limited and Ors. – The Minority View
The decision passed by the Hon’ble Supreme Court (“the SC”) on 11th January, 2021[1]by the three-judge bench comprising of Justice D.Y. Chandrachud, Justice Indu Malhotra and Justice Indira Banerjee in NN Global Mercantile Limited vs.
Supreme Court allows retrospective application of the amended S.29-A of the Arbitration and Conciliation Act, 1996
The Hon’ble Supreme Court (“the SC”) in the matter of Tata Sons Pvt. Ltd. (Formerly Tata Sons Ltd.) versus Siva Industries and Holdings Ltd. & Ors. settles law on retrospective applicability of amended S.29A of
In absence of an explicit clause on quantum of interest in a contract, compound interest cannot be awarded: Delhi High Court
In the case of M/s. Modi Construction Company vs. Ircon International Limited[1], the Hon’ble High Court of Delhi (“the Court”) while dealing with appeal filed under Section 34 of the Arbitration and Conciliation Act, 1996
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