Tag: Arbitration Agreement
Arbitration Clause in Unstamped or Insufficiently Stamped Agreements Are Enforceable; it is Curable Defect: Supreme Court
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
Group of Companies Doctrine Applies to Indian Jurisprudence; Can Also Bind non-signatories to Arbitration Agreement: Supreme Court
A Constitution Bench comprising of Dr. Dhananjaya Y. Chandrachud (CJI), Justice Hrishikesh Roy, Justice Pamidighantam, Sri Narasimha, Justice J.B. Pardiwala and Justice Manoj Misra, of the Supreme Court (“SC”) held in the case of Cox
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
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.
MATTERS CAN BE REFERRED TO ARBITRATION UNDER MSMED ACT, THOUGH THERE IS NO PRIOR ARBITRATION AGREEMENT
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
Court Can’t Appoint Arbitrator, if the Agreement containing arbitration clause is inadequately stamped
The Hon’ble Supreme Court presided by a division bench of J. R.F. Nariman and J. Vineet Saran in Garware Ropes Ltd. v. Coastal Marine Constructions & Engineering Ltd.[1] examined the effect of an arbitration clause
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