Tag: Arbitration Act

Partner of Partnership Firm Can’t Solely Refer A Dispute To Arbitration In Absence of Other Partners: Bombay High Court

Wednesday January 3, 2024. BY Shivangi Dubey and Aaushi Doshi | Arbitration and Conciliation

The High Court of Bombay (HC) in Shailesh Ranka and Ors. v. Windsor Machines Limited & Ors.[i] held that a firm’s partner cannot solely decide and initiate arbitration proceedings without the consent of the other

Arbitration Clause in Unstamped or Insufficiently Stamped Agreements Are Enforceable; it is Curable Defect: Supreme Court

Wednesday December 20, 2023. BY Shivangi Dubey and Neeli Sandesara | Arbitration and Conciliation

The Supreme Court (“SC”) recently, In Re Interplay between Arbitration Agreements under the Arbitration and Conciliation Act, 1996 And the Indian Stamp Act, 1899[i] held that arbitration clauses provided under the agreements that are insufficiently

Unfold Nuances of Section 9 of Arbitration Act: A Case Study of Vivek Jain v. PrepLadder Pvt. Ltd., Delhi High Court

Friday November 10, 2023. BY Shivangi Dubey and Tannya Baranwal | Arbitration and Conciliation

It was interpreted by the Delhi High Court that the Court exercising its powers under Section 9 of the Arbitration and Conciliation Act, 1996(‘Arbitration Act’) to secure the amount in dispute or to order attachment

Sanctioning Profit loss Claim Without Proof Conflicts with Indian Policy

Sanctioning Claim for Loss of Profit in Absence of Substantial Proof Is in Conflict with Public Policy of India: Apex Court

Friday November 3, 2023. BY Shivangi Dubey & Aaushi Doshi. | Arbitration and Conciliation

Introduction In the context of interpreting an award deemed to be patently illegal and conflicting with public policy, the Supreme Court in M/s. Unibros v. All India Radio[1], clarified that a claim for loss of

Supreme Court allows retrospective application of the amended S.29-A of the Arbitration and Conciliation Act, 1996

Tuesday April 4, 2023. BY Arbitration Team | Arbitration and Conciliation

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

Assignee can invoke arbitration clause Bombay High Court

Assignee, having stepped into the shoes of the assignor, can invoke arbitration clause: Bombay High Court.

Thursday March 9, 2023. BY Aaushi Doshi | Arbitration and Conciliation

In a recent order,in the matter of M/s. Siemens Factoring Private Limited v. Future Enterprises Private Limited[1]the Hon’ble Bombay High Court (“the Court”) held that an assignee, though not a party but having stepped into

1 2 »