Section 9 of the Arbitration and Conciliation Act, 1996 would apply to International Commercial Arbitration, where the place of Arbitration is outside India: States Calcutta High Court

Wednesday December 14, 2022. BY Aaushi Doshi | Arbitration and Conciliation

In a recent judgment1, the Calcutta High Court held that even if the parties select the arbitration to be foreign seated, the intelligible comprehension cannot be that expressly or impliedly, merely by such selection, powers

PENDENCY OF PROCEEDINGS UNDER SECTION 17 OF THE SARFAESI ACT DOES NOT BAR INITIATION OF ARBITRATION PROCEEDINGS STATES DELHI HC

Wednesday December 7, 2022. BY Aaushi Doshi | Arbitration and Conciliation

In a recent judgment1 the High Court of Delhi, in a Section 11 Petition, held that the initiation of the arbitration proceedings cannot be barred merely because the Petitioner has taken steps for recovery/possession of

THE ARBITRATION CLAUSE IN THE WORK ORDERS/CONSULTING AGREEMENTS WOULD NOT BE BINDING IF MOU, BEING BASE OF THE CLAIM DOES NOT INCLUDE AN ARBITRATION CLAUSE: STATES PUNJAB AND HARYANA HIGH COURT

Wednesday November 23, 2022. BY Aaushi Doshi | Arbitration and Conciliation

In a recent judgment1 the High Court of Punjab and Haryana at Chandigarh held that if the claim is based particularly and exclusively on a Memorandum of Understanding, which does not include an arbitration clause,

SUPREME COURT STATES THAT A PETITION TO SET ASIDE AN ARBITRAL AWARD CAN BE FILED BEFORE A HC ONLY IF IT POSSESSES ORIGINAL CIVIL JURISDICTION

Saturday November 12, 2022. BY Aaushi Doshi | Arbitration and Conciliation

The Supreme Court of India, in a recent judgment1 passed by the Bench comprising of Justice M.R. SHAH and Justice M.M. SUNDRESH, held that in absence of a High Court having original jurisdiction, the concerned

SUPREME COURT: MSMED Act, 2006 being special statute shall prevail over Arbitration Act, 1996 in case of apparent conflict: “generalia specialibus non derogant” (General laws do not prevail over Special laws)

Tuesday November 8, 2022. BY | Arbitration and Conciliation

The Hon’ble Supreme Court in its landmark judgment dated 31st October 2022 clarified that the Micro, Small, and Medium Enterprises Development Act, 2006 (“MSMED Act, 2006”) is a special law. It has an effect overriding

MATTERS CAN BE REFERRED TO ARBITRATION UNDER MSMED ACT, THOUGH THERE IS NO PRIOR ARBITRATION AGREEMENT

Thursday June 16, 2022. BY | Arbitration and Conciliation

The Punjab and Haryana High Court bench comprising Justice Lisa Gill in a recent judgment1 held that even though there is no arbitration agreement between the parties, the dispute can be referred to arbitration as

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