Category: arbitration

Permitting non signatory to remain present in the arbitration proceedings is beyond the scope of Section 11(6) of the Arbitration and Conciliation Act, 1996 In a recent judgment, Hon’ble Supreme Court has held that permitting non signatory / stranger to remain present in the arbitration proceedings before the …

In deciding seat of arbitration, MSMED Act overrides agreement between the parties . MSMED Act overrides the Arbitration Act – Supreme Court  In a recent judgment Hon’ble Supreme Court has held that MSMED Act overrides the Arbitration Act and for deciding the “seat of arbitration”, the agreement between …

After a full and final discharge, if claim to arbitration is sustainable or not is clearly within the domain of the arbitral tribunal.  In a recent judgment, Hon’ble Supreme Court has held that notwithstanding receipt against the claim by the insured after giving a full and final discharge …

Court under Sections 34 and 37 of the Arbitration and Conciliation Act 1996 have limited powers to modify an arbitral award In a recent judgment, Hon’ble Supreme Court has held that the Court under Sections 34 and 37 of the Arbitration and Conciliation Act 1996 have limited powers …

There is a need to impose time limit on oral submissions in Arbitration cases – SC In a recent judgment, the Hon’ble Supreme Court had observed that there is a need to impose time limit on oral submissions in Arbitration cases so that Higher Courts be in a …

Merely because section 21 arbitration notice was not issued to certain persons who are parties to the arbitration agreement does not denude arbitral tribunal to implead them as parties to the arbitral proceedings In a recent judgment, the Hon’ble Supreme Court has held that section 21 notice invoking …

Application for setting aside arbitral award u/s 34 of the Arbitration and Conciliation Act, 1996 filed on the next working day of the court, was within limitation period – Supreme Court In a recent judgment, Hon’ble Supreme Court has held that the application for setting aside arbitral award …

Under Arbitration Act 1940, clauses in contract merely barring contractor from claiming interest is no bar on arbitrator to grant Pendente lite interest. In a recent judgment, the Hon’ble Supreme Court had upheld grant of Pendente lite interest by the Arbitrator holding that under the provisions of the 1940 …

Reference in second contract to first contract, would not make arbitration clause ipso facto be applicable to second contract – Supreme Court When there is a reference in the second contract to the terms and conditions of the first contract, the arbitration clause would not ipso facto be …

Seat of arbitration outside India – Supreme Courts important judgment on application of New York Convention and foreign award under Part II of the Arbitration and Conciliation Act, 1996 ABCAUS Case Law CitationABCAUS 3489 (2021) (04) SC Important case law relied referred:Mankastu Impex (P) Ltd. v. Airvisual Ltd., …