CLOSE

Category: Section 11 ACA

Update
|
PDF

08 October 2019, Tuesday

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

by Aimen Reshi

Update
|
PDF

26 December 2020, Saturday

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

by Editor

Update
|
PDF

12 December 2020, Saturday

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

by Editor

Blog
|
PDF

14 February 2020, Friday

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

by Umang Bhat Nair

Update
|
PDF

04 September 2020, Friday

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

by Amitabh Abhijit

Update
|
PDF

22 June 2020, Monday

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

Update
|
PDF

13 June 2020, Saturday

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

by Anushree Chandra

Update
|
PDF

13 October 2019, Sunday

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

Case Comment
|
PDF

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

Update
|
PDF

17 December 2019, Tuesday

Arbitrability vis-a-vis plea of accord and satisfaction (Supreme Court of India)

by Editor

Update
|
PDF

20 December 2019, Friday

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

by Editor

Update
|
PDF

06 January 2020, Monday

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

by Editor

Update
|
PDF

06 January 2020, Monday

The Perkins case distinguished by a 3-judge bench and agreed appointment procedure upheld (Supreme C...

by Editor

Update
|
PDF

09 January 2020, Thursday

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

by Editor

Update
|
PDF

24 January 2020, Friday

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

by

Update
|
PDF

03 April 2020, Friday

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

by

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

Injunction refused in a determinable contract: Bombay High Court

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

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

by Editor

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

Delhi is the juridical seat of arbitration, and Ranchi is the convenient venue because courts of Del...

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

2 years ago

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

Weekly highlights
|
PDF

3 years ago

RERA no bar for arbitration: Patna High Court

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights

3 years ago

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

Weekly highlights

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

Follow the pre-arbitral mechanism first: Patna High Court

by Editor

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights

3 years ago

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

Weekly highlights

3 years ago

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

Weekly highlights

3 years ago

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

Weekly highlights
|
PDF

3 years ago

7. Jyoti Sarup Mittal (Delhi High Court)

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights

3 years ago

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

Weekly highlights

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Weekly highlights
|
PDF

3 years ago

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

Load More

JOIN OUR MAILING LIST:

connect with us: