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Category: Appointment of Arbitrators

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06 September 2020, Sunday

Formal requirements of an arbitration agreement are satisfied even if it is not signed, but communic...

by Editor

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08 October 2019, Tuesday

Appointment of arbitrator: Section 11 or the National Highways Act? (Supreme Court)

by Aimen Reshi

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26 December 2020, Saturday

Scope of Sections 11 and 8 ACA and meaning of existence, validity, and arbitrability (Supreme Court...

by Editor

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12 December 2020, Saturday

Clause restricting choice of one party to select sole arbitrator from a panel of three upheld (Delhi...

by Editor

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14 February 2020, Friday

Appointment of arbitrators in multi-party arbitration—when will post-Dutco reforms come to India?

by Umang Bhat Nair

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06 September 2020, Sunday

Formal requirements of an arbitration agreement are satisfied even if it is not signed, but communic...

by Editor

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04 September 2020, Friday

Once the agreed-procedure fails, the court can appoint the presiding arbitrator (Delhi High Court)

by Amitabh Abhijit

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22 June 2020, Monday

"May be" clause is not an arbitration agreement; pre-arbitral steps (Bombay High Court)

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13 June 2020, Saturday

Transferee of a business undertaking has a right to invoke arbitration (Delhi High Court)

by Anushree Chandra

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13 October 2019, Sunday

Appointment of arbitrator under section 11—when not excluded by MSMED Act (Bombay High Court)

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01 June 2020, Monday

Extension of time limit for an arbitral award—a case comment on Lots Shipping v. Cochin Port Trust a...

by Avantika Verma ,  Prashant Mishra

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03 January 2020, Friday

Legal principles on appointment of sole arbitrator summarised (Bombay High Court)

by Editor

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06 January 2020, Monday

Constitution of arbitral tribunal comprising of serving officers of the respondent party is illegal...

by Editor

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09 January 2020, Thursday

Court can grant relief under Section 9 even if the document containing the arbitration agreement is...

by Editor

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24 January 2020, Friday

Appointment procedure skewed in one party’s favour can constitute de jure inability under Section 14...

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03 April 2020, Friday

Party asserting that arbitration agreement is not sufficiently stamped must establish insufficiency...

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14 January 2020, Tuesday

Section 11 enquiry is limited to examining the existence of arbitration agreement (Bombay High Court...

by Editor

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30 January 2020, Thursday

Panel of arbitrators must be broad based under the Voestalpine principle (Delhi High Court)

by Editor

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30 January 2020, Thursday

Party appointed sole arbitrator ineligible in view of the Perkins decision et al. (Delhi High Court)

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2 years ago

Standard to test arbitrability, limitation grounds et al in Section 11 case restated: Delhi High Cou...

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2 years ago

Gautam Buddha Nagar is the juridical seat of arbitration and Delhi the convenient venue because cour...

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2 years ago

Exclusive jurisdiction clause given primacy over seat clause: Delhi High Court

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2 years ago

Whether Amity University is a generating company or a consumer of electricity should be decided by t...

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2 years ago

Ground of nonarbitrability based on extinguishment of the claim post a resolution plan considered pl...

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2 years ago

Injunction refused in a determinable contract: Bombay High Court

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2 years ago

The BGS test for determination of seat applied in domestic ad hoc arbitration: Calcutta High Court

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2 years ago

Intention and conduct of parties relevant for incorporation of an arbitration agreement by reference...

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2 years ago

Once stamp duty is paid, its adequacy is not a question going to existence or validity that the Sect...

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2 years ago

Appointment by a party of the same arbitrator in multiple arbitrations not absolutely barred by Entr...

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2 years ago

Construction of a power transmission station and supply of equipment is a commercial dispute for arb...

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2 years ago

Ineligibility created by the 2015 Amendments apply to prior agreements as a matter of law: Supreme C...

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2 years ago

An arbitration clause envisaging specific enforcement via court and settlement of other disputes via...

by Editor

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2 years ago

Neither the Fifth nor the Seventh Schedule of ACA is exhaustive. A challenge can be maintained, and...

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2 years ago

A clause providing arbitration “with respect to the interpretation of the contents of this Agreement...

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2 years ago

A clause that says “dispute can also be decided under the provisions of the Indian Arbitration Act”...

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2 years ago

Question of incorporation of the arbitration agreement by reference, or if non-signatories were boun...

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2 years ago

Though the “venue” of arbitration is Gurugram, the clause vesting jurisdiction in the Delhi High to...

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2 years ago

Applying the Perkins discourse, the respondent’s nominee as well as the chairman appointed by the co...

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2 years ago

Arbitrator to be appointed can decide issues of res judicata, joinder of non-signatory: Madras High...

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2 years ago

Pendency matter before the labour commissioner is no bar for appointment of arbitrator: Madras High...

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2 years ago

Despite a general request made by the non-appointing party, the appointment of sole arbitrator would...

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2 years ago

Unilateral appointment of arbitrator not a ground to set aside the award: Delhi High Court

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2 years ago

The mandate of panel arbitrator terminated, and another outside DSIDC's panel appointed: Delhi High...

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3 years ago

RERA no bar for arbitration: Patna High Court

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3 years ago

Court’s power to appoint an arbitrator cannot be hedged by a party’s panel: Delhi High Court

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3 years ago

SAROD has a broad based panel. So, following the contract, arbitrator should be appointed from its p...

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3 years ago

DMRC’s panel is valid, so parties should follow the contract and appointment arbitrators from the pa...

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3 years ago

Participating in arbitral proceedings does not amount to waiving objection about arbitrator’s de jur...

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3 years ago

The arbitrator would decide if the dispute arose from the MOU or the subsequent settlement agreement...

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3 years ago

Delhi is the “venue”, that is, convenient location for hearings, and not the juridical seat because...

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3 years ago

Disputes can be raised at different stages. A counterclaim not taken on record can be raised as clai...

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3 years ago

When non signatory cannot be roped into arbitration: Madras High Court

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3 years ago

Seat is where the courts were given exclusive jurisdiction; “place of arbitration” was the venue cho...

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3 years ago

Pending cheque bouncing case not bar for appointing arbitrator: Bombay High Court

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3 years ago

Agreement specifying limitation period for filing Section 11 application less than statute is void :...

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3 years ago

The mere mention in the superseding counteroffer of the prior offer letter containing an arbitration...

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3 years ago

Appointing court refuses to enforce a pathological arbitration clause that used the expression “arbi...

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3 years ago

Follow the pre-arbitral conciliation before seeking appointment of the arbitrator: Delhi High Court

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3 years ago

For certain claim arbitrator appointed by appellate court with parties’ consent while disposing appe...

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3 years ago

The judicial standard to decide an application for appointment under Section 11 ACA: Supreme Court o...

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3 years ago

Unilateral reference of arbitration to an institution and appointment of arbitrator by institution,...

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3 years ago

What is an express agreement in writing under Section 12 (5) ACA? Delhi High Court

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3 years ago

No purpose served, in facts, to refer the parties to pre-arbitral mechanism: Delhi High Court

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3 years ago

Effect of signing a letter that became an addendum to a prior agreement containing arbitration claus...

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3 years ago

The Alupro decision that makes notice of arbitration mandatory had no application where the rational...

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3 years ago

Chairman of Jaipur Dairy ineligible to arbitrate dispute involving the dairy: Supreme Court of India

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3 years ago

Follow the pre-arbitral mechanism first: Patna High Court

by Editor

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3 years ago

The remedy to challenge the constitution of the fresh tribunal is not Section 15 ACA: Bombay High Co...

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3 years ago

6.Sole arbitrator appointed because the tribunal was reconstituted six times in 13 years (Delhi High...

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3 years ago

4. What is the limitation period to apply for an appointment under Section 11? (Delhi High Court)

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3 years ago

5.Which is the proper court to extend the time limit for an arbitral award? (Orissa High Court)

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3 years ago

7. Jyoti Sarup Mittal (Delhi High Court)

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3 years ago

5. Arbitration Act is not inconsistent with RERA Act (Patna High Court)

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3 years ago

2. An arbitration clause contained in a unilateral invoice may satisfy the form requirements (De...

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3 years ago

2.Doubting independence of a named arbitrator, another appointment made (Delhi High Court)

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3 years ago

5. Allegation of siphoning money arbitrable (Telangana High Court)

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3 years ago

6. Arbitrator appointed when Section 8 ACA application pending in another court (Telangana High Cour...

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3 years ago

4. Arbitrator appointed rejecting pleas concerning fraud, pre-arbitral steps, stamping (Delhi High C...

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3 years ago

6. Requesting for appointment and consenting to pay arbitrator’s fees is waiver under Section 12 (5)...

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3 years ago

3. Arbitrator appointed in the absence of material establishing a prior alleged settlement (Supreme...

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3 years ago

1. The defaulting party has no locus to suggest the name of any arbitrator to the court (Delhi High...

by Abhijeet Kashyap ,  Amitabh Abhijit ,  Lokesh Rajoria

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3 years ago

2. Whether the parties novated the underlying contract requires a detailed consideration by the trib...

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3 years ago

16. Rejecting the notice of arbitration does start the limitation afresh (Supreme Court of India)

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3 years ago

14. The limitation period for bringing an application to appoint an arbitrator (Supreme Court of Ind...

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3 years ago

7. Existence of arbitration agreement left for the arbitrator to decide as a preliminary matter (Sup...

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3 years ago

9. Assigning work under a sub-contract is not an assignment of contract (Delhi High Court)

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3 years ago

10. Appointing authority’s legal disability does not frustrate the arbitration clause (Delhi High Co...

2019 Yearbook

07 April 2021, Wednesday

Union of India v. Parmar Construction Company 2019 SCC OnLine SC 442

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