Tag: arbitration
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 …
CA, CS & CMA qualified for appointment as arbitrator under The Arbitration & Conciliation Amendment Act 2019 The Arbitration and Conciliation (Amendment) Act, 2019 (the amended Act) has received the assent of the President on 9th August, 2019. The Arbitration and Conciliation Act, 1996 (the old Act) did …
High Court was not justified in appointing independent arbitrator without resorting to procedure for appointment of arbitrator under the contract as agreed by the parties.- SC ABCAUS Case Law Citation:ABCAUS 2851 (2019) (03) SC Important Case Laws Cited/relied upon by the parties National Insurance Company Limited Vs. Boghara Polyfab Private Limited caseUnion of India & Another Vs. M.P. Gupta In …
In application for setting aside arbitral award, cross examination / Trial of persons swearing to affidavits should not be allowed unless absolutely necessary – Supreme Court ABCAUS Case Law Citation: ABCAUS 2479 (2018) 08 SC Important Case Laws Cited/relied upon: Indus Mobile Distribution Pvt. Ltd. v. Datawind Innovations …
Unregistered partnership firms can be referred to arbitration, there is no contrary statutory provision. Mere non filing of deed not make arbitration application liable to dismiss–Supreme Court ABCAUS Case Law Citation: 1055 (2016) (11) SC Important Case under consideration: Atul Singh & Othes Vs. Sunil Kumar Singh & Others 2008 (2) SCC 602 Bharat Sewa Sansthan Vs. U.P.Electronics Corporation Ltd. …