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09 August 2023, Wednesday

Delhi High Court explains public policy doctrine while allowing enforcement for foreign award.

by Editor

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16 February 2022, Wednesday

The need to distinguish Supreme Court’s decision in Ellora Paper Mills

by Saurabh Mishra

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08 December 2021, Wednesday

Award patently illegal because it contravened Section 28 (3) ACA: Supreme Court of India

by Aimen Reshi

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03 December 2021, Friday

Interesting example of applying the set aside grounds : Delhi High Court

by Aimen Reshi

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27 September 2021, Monday

Restrictive application of Section 5 of the Limitation Act to arbitration appeals: a small example of Justice Nariman’s...

by Aimen Reshi ,  Prashant Mishra

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13 September 2021, Monday

Foreign award against a person not a party to the arbitration agreement is enforceable (Supreme Court of India)

by Editor

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05 September 2021, Sunday

An order by SIAC’s Emergency Arbitrator in India-seated arbitration is enforceable in India (Supreme Court of India)

by Editor

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05 September 2021, Sunday

An order by SIAC’s Emergency Arbitrator in India-seated arbitration is enforceable in India (Supreme Court of India)

by Editor

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04 August 2021, Wednesday

The court cannot modify an award in set-aside proceedings (Supreme Court of India)

by Editor ,  Shruti Mishra

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27 March 2021, Saturday

NV International overruled, and limitation governing appeals under Section 37 ACA clarified

by Editor

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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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25 January 2021, Monday

The provisions in the SIAC Rules for emergency arbitration do not violate Indian laws (Delhi High Court)

by Editor

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26 December 2020, Saturday

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

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 High Court)

by Editor

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09 December 2020, Wednesday

Is dismissal of a set-aside petition on limitation appealable? Though answering no, the Delhi High Court granted a certi...

by Editor

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28 November 2020, Saturday

A contract between Indian parties governed by foreign laws is enforceable (Delhi High Court)

by Editor

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06 November 2020, Friday

Indian parties can arbitrate in a foreign seat (Gujarat High Court) [UPHELD by Supreme Court in 2021 SCC OnLine SC 331...

by Editor

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21 September 2020, Monday

Courts' power to grant interim measures operates only in emergency (Delhi High Court in an ad-interim observation)

by Samarth Madan

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16 September 2020, Wednesday

The SIAC Emergency Arbitrator Enforcement Experience

by Vivekananda N

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06 September 2020, Sunday

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

by Editor

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06 September 2020, Sunday

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

by Editor

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05 September 2020, Saturday

Unilateral right of appointing sole arbitrator not valid under the Perkins rule even if the right was not with any indiv...

by Meenakshi K

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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 August 2020, Saturday

Civil courts have the power to grant an anti-arbitration injunction, but sparingly, and in line with principles outlined...

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22 August 2020, Saturday

Only serious allegations of fraud are not arbitrable. The test of "serious allegations" set out arise only if the tests...

by Prashant Mishra

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19 August 2020, Wednesday

Power to grant interim relief should not be exercised before the constitution of the arbitral tribunal unless the matter...

by Editor

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26 July 2020, Sunday

Pre-requisites to inject encashment of bank guarantees (Delhi High Court)

by Akshat Shukla

Case Comment
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24 July 2020, Friday

Is change of counsel a sufficient cause to condone delay in filing a set-aside application? A comment on Delhi High Cou...

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03 July 2020, Friday

When applying Section 14 Limitation Act, the entire period in the wrong forum must be excluded; Preparation for re-prese...

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23 June 2020, Tuesday

Shocking, unfair award against Jackie Shroff set aside (Bombay High Court)

by Shruti Mishra

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22 June 2020, Monday

No interference with award if tribunal's view plausible (Bombay High Court)

by Saloni Jaiman

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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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19 June 2020, Friday

Change of counsel is not sufficient cause to condone delay (Delhi High Court)

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18 June 2020, Thursday

An application under Section 39 ACA lies only when the award has been made, but not physically delivered (Delhi High Cou...

by Anushree Chandra

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17 June 2020, Wednesday

The appointment of sole-arbitrator by the Government in a dispute where one party is a government company (a public sect...

by Arushi Bhagotra

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16 June 2020, Tuesday

The test of being unable to present one’s case (Supreme Court of India)

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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13 June 2020, Saturday

Proceedings by lawyer for recovery of money relate to a commercial relationship under Section 44 ACA (Delhi High Court)

by Simran Patel

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13 June 2020, Saturday

An award can be set aside if the tribunal’s interpretation of the contract is perverse or is not a possible view. (Supre...

by Samarth Madan

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13 June 2020, Saturday

Specific performance of a determinable contract cannot be granted nor can any injunction be issued to restrain the termi...

by Amitabh Abhijit

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07 June 2020, Sunday

Mitra Guha v. ONGC: Can Determination Of Breach Of Contract Be An ‘Excepted Matter’?

by Iti Mishra

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

Case Comment
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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 and DDA v. Tarachand

by Avantika Verma ,  Prashant Mishra

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01 June 2020, Monday

The seat of the arbitration can be deduced from the conduct of not raising objections as to conduct of arbitration proce...

by Editor

Case Comment
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09 May 2020, Saturday

Foreign award cannot be enforced if the matter involves violation of export-restrictions (Supreme Court of India)

by Prashant Mishra

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09 May 2020, Saturday

Foreign award cannot be enforced if the matter involves violation of export-restrictions (Supreme Court of India)

by Samarth Madan

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24 April 2020, Friday

Bombay High Court’s ad-interim order based on an Emergency Award passed in a SIAC Arbitration

by Editor

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15 April 2020, Wednesday

Mere expression “place of arbitration” is not determinative of the “seat” of arbitration (Supreme Court of India)

by Editor

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10 April 2020, Friday

The seat-court prevails over the cause-of-action-court (Supreme Court of India)

by Editor

Case Comment
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10 April 2020, Friday

What is patent illegality? A short comment in light of two Delhi High Court's decision

by Prashant Mishra

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10 April 2020, Friday

Application of the patent illegality doctrine (Delhi High Court)

by Editor

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06 April 2020, Monday

Appealing an order that closed the right to file written statement does not disentitle a party from seeking reference to...

by

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03 April 2020, Friday

Party asserting that arbitration agreement is not sufficiently stamped must establish insufficiency (Bombay High Court)

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02 April 2020, Thursday

Award set aside for perversity by the appellate bench overturning the single judge's order affirming the award (Delhi Hi...

by Avantika Verma

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29 March 2020, Sunday

An anti-arbitration injunction on the ground that the arbitrator does not have jurisdiction is not maintainable (Delhi H...

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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30 January 2020, Thursday

Party appointed sole arbitrator is ineligible in view of the Supreme Court’s 2-judge bench decision in Perkins case; the...

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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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29 January 2020, Wednesday

A guarantor cannot be referred to arbitration on a dispute of non-payment of loans arising from a loan agreement the gua...

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29 January 2020, Wednesday

Standard for setting aside arbitral award; permissibility of re-appreciating findings of fact in set-aside proceedings;...

by Aimen Reshi ,  Avantika Verma

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24 January 2020, Friday

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

by

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21 January 2020, Tuesday

Wrong composition of seat and wrong composition of arbitral tribunal is ground for refusing enforcement

by Editor

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17 January 2020, Friday

Objecting to a domestic award not permissible in execution proceedings (Orissa High Court)

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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10 January 2020, Friday

Part I of the ACA, 1996 applies to statutory arbitrations under Gujarat Public Works Contracts Disputes Arbitration Trib...

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 insufficiently stamp...

by Editor

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06 January 2020, Monday

An agreement with arbitration clause, stamped elsewhere, if brought in Maharashtra, will have to be stamped again even i...

by Editor , 

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06 January 2020, Monday

Constitution of arbitral tribunal comprising of serving officers of the respondent party is illegal and of no consequenc...

by Editor

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06 January 2020, Monday

The Perkins case distinguished by a 3-judge bench and agreed appointment procedure upheld (Supreme Court of India)

by Editor

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06 January 2020, Monday

Standard of setting aside; facets of a reasoned award; power of remission et. al. (Supreme Court)

by Avantika Verma

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05 January 2020, Sunday

Arbitrator has flexibility in determining procedure; decision with parties’ consent to do away with cross examination is...

by Editor

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05 January 2020, Sunday

Limitation to file appeal under Section 37 from a Section 34 proceedings is a maximum of 120 days (Supreme Court of Indi...

by Aimen Reshi

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05 January 2020, Sunday

Which court has jurisdiction over the arbitral process? Et al. (Supreme Court of India)

by Aimen Reshi ,  Prashant Mishra

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03 January 2020, Friday

Effect of decision of a preliminary issue on demurrer--not foreclosed in trial (Bombay High Court)

by Editor

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03 January 2020, Friday

Arbitration under Section 86 of Electricity Act can only be between licensees and generating companies; a plea of lack o...

by Editor

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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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01 January 2020, Wednesday

Section 87 of the 2019 amendments violate Article 14 of the Constitution (Supreme Court of India)

by Meenakshi K ,  Prashant Mishra

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01 January 2020, Wednesday

Arbitration matters and High Court's power under Article 227 of the Constitution (Supreme Court of India)

by Editor

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24 December 2019, Tuesday

Anyone interested in the dispute cannot appoint the sole arbitrator (Supreme Court of India)

by Editor

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20 December 2019, Friday

Fundamental policy of Indian law includes drastic serious policy matters (Bombay High Court)

by Editor

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20 December 2019, Friday

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

by Editor

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19 December 2019, Thursday

Seat is akin to exclusive jurisdiction (Delhi High Court)

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17 December 2019, Tuesday

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

by Editor

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17 December 2019, Tuesday

Limitation to enforce a foreign award is twelve years (Bombay High Court)

by Editor

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17 December 2019, Tuesday

When the agreement specifically provides for appointment of named arbitrators, the appointment should be in terms of the...

by Prashant Mishra

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16 December 2019, Monday

Inarbitrability of excepted matters (Supreme Court of India)

by Editor

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10 November 2019, Sunday

Arbitration agreement is in writing if contained in exchange of statement of claim and defence (Bombay High Court)

by Meenakshi K

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10 November 2019, Sunday

When ‘venue’ means ‘seat’ (Delhi High Court)

by

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10 November 2019, Sunday

Arbitration agreement is in writing if contained in exchange of statement of claim and defence (Bombay High Court)

by Meenakshi K

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03 November 2019, Sunday

Where the question if arbitrator had jurisdiction over a counter claim depended on questions of fact, the arbitrator sho...

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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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25 October 2019, Friday

Section 14 of Limitation Act applies to set-aside proceedings (Supreme Court)

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22 October 2019, Tuesday

Standard for setting aside award; Grounds under section 34 to set aside an award are not attracted if the tribunal’s fin...

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20 October 2019, Sunday

The mandate of the arbitrator terminates if: parties have fixed time-limit for rendering the award; the time-limit is ex...

by

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18 October 2019, Friday

Limitation for applying under Section 11 ACA (Supreme Court of India)

by Editor

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13 October 2019, Sunday

Order appointing receiver in execution of award is not appealable? (Bombay High Court)

by Editor

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13 October 2019, Sunday

Limitation for filing application to set aside an award (Supreme Court)

by Prashant Mishra

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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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09 October 2019, Wednesday

Existence, form of arbitration agreement; Joinder of non-signatory (Supreme Court)

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08 October 2019, Tuesday

Standard for setting aside arbitral award (Delhi High Court)

by Aimen Reshi

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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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08 October 2019, Tuesday

Standard for setting aside arbitral award (Delhi High Court)

by Aimen Reshi

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08 October 2019, Tuesday

Stamping of award, natural justice, notions of justice, arbitral procedure, fundamental policy of Indian law et. al. (De...

by Aimen Reshi

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04 March 2019, Monday

Can parties be referred to arbitration suo moto by courts? (Madras High Court)

by Prashant Mishra

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06 June 2010, Sunday

An award based on put-option in a contract does not violate the public policy of India (Bombay High Court)

by Editor
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