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

ARBITRAL TRIBUNAL CAN NOT ORDER INTERIM DEPOSIT OF DISPUTED AMOUNT, WHERE THE LIABILITY IS IN DISPUTE: Supreme Court

Wednesday May 4, 2022. BY | Arbitration and Conciliation

The Supreme Court bench comprising Justices M.R. Shah and B.V. Nagarathna held, in a recent judgment1 Arbitral Tribunal (“Tribunal”) cannot pass an interim order under Section 17 of the Arbitration and Conciliation Act, 1996 (the

ARBITRAL AWARD IS NULL AND VOID IF PASSED PAST THE PRESCRIBED PERIOD: TELANGANA HC

Thursday April 21, 2022. BY | Uncategorized

The Telangana High Court comprising Justice P. Naveen Rao and Dr. Justice G. Radha Rani, in a recent Judgement1 held that the provisions of Section 29A of the Arbitration and Conciliation Act, 1996 (the “Act”),

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