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Category: Kompetenz Kompetenz

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28 January 2021, Thursday

Exercise constitutional powers in arbitration cases with exceptional rarity (Supreme Court of India)

by Editor

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29 March 2020, Sunday

An anti-arbitration injunction on the ground that the arbitrator does not have jurisdiction is not m...

by Editor

Case Comment
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02 June 2020, Tuesday

The Quippo Construction decision conflates and confuses several concepts: A short comment

by Prashant Mishra

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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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31 October 2019, Thursday

Arbitral tribunal’s jurisdiction–Standard of review applied by courts (Bombay High Court)

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20 December 2019, Friday

Limitation is an issue of jurisdiction and should be decided by the arbitrator (Supreme Court of Ind...

by Editor

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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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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

Standards to test defences to enforcement of foreign award restated: Bombay 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

Sufficiency of stamping of the arbitration agreement is a jurisdictional issue. A loan agreement is...

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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

Sukanya Holding’s dictum does not apply to Section 8 ACA post-2015 Amendments. Cause of action can b...

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2 years ago

Group of companies doctrine applied to bind non-signatory, the preclusive effect of Section 16 and e...

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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

Foreign Awards must be enforced in a time-bound manner for India to be regarded as an equal partner...

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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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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

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

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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

7. Jyoti Sarup Mittal (Delhi High Court)

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3 years ago

4. Where acceptance of liability is a precondition to arbitrate, the bar will not apply if liability...

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3 years ago

1.The scope of the court’s appellate powers under Section 37 (2) (a) ACA? (Delhi High Court)

by Avantika Verma , 

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3 years ago

7. Whether the original contract was superseded is for the tribunal, not the appointing court (Gujar...

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3 years ago

4. Exercise of jurisdiction under Article 227 only in exceptional rarity (Bombay High Court)

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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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