The Supreme Court considered the ‘incorporation by reference’ issue in a well-reasoned and comprehensive judgment in M.R. Engineers and Contractors Private Limited v. Som Datt Builders Limited, (2009) 7 SCC 696 (2 Judges). An important proposition in M.R. Engineers was a distinction that the Court made between “standard form contracts” and other contracts. Relying on observations in Russel on Arbitration, (23rd Edition, […]Read more "Section 7(5) of The Arbitration Act II"
One of the most controversial and interesting questions in contemporary Arbitration Law is incorporation by reference. It is a common practice in some industries, particularly shipping and construction, for the contractual relationship between the parties to be composed of several documents. It sometimes happens that a dispute arises with reference to one of these documents, […]Read more "Section 7(5) of The Arbitration Act I"
An Arbitrator’s appointment was argued to be bad for the reason of Item 1 of the Seventh Schedule read with Section 12(5) of The Arbitration Act that ensures if the Arbitrator is an employee, consultant, advisor or has any other past or present business relationship with a party to the Arbitration he becomes “ineligible” to […]Read more "Section 12(5) of The Arbitration Act II"
“A few days ago we had highlighted a decision of the Bombay High Court in DBM Geotechnics v. BPCL where the High Court had drawn a distinction between the power to nominate an Arbitrator and the choice of the Nominee. The Arbitration Clause allowed an employee of a company to nominate another employee as an Arbitrator. […]Read more "Section 12(5) of The Arbitration Act I"
The Shashoua Principle [Roger Shashoua v. Mukesh Sharma, 2009 EWHC 957 (Comm)] “When… there is an express designation of the Arbitration Venue as London and no designation of any alternative place as seat, combined with a supranational body of rules [i.e. ICC] governing the Arbitration and no other significant contrary indicia, the inexorable conclusion is, […]Read more "Implied Exclusion of Part I of The Arbitration Act IV: The Shashoua Principle"
Section 27 – Court assistance in taking evidence (5) Persons failing to attend in accordance with such process, or making any other fault, or refusing to give their evidence, or guilty of any contempt to the Arbitral Tribunal during the conduct of Arbitral Proceedings, shall be subject to the like disadvantages, penalties and punishments by […]Read more "Section 27(5) of The Arbitration Act"
In Domestic Arbitrations, if an order is not appealable under Section 37(1) of The Arbitration Act, it would not be subject to appeal under The Letters Patent of a High Court. My Lord, Is an order of a Single Judge, on an application under Section 34(3) of The Arbitration Act, appealable to a Division Bench? […]Read more "Section 37 of The Arbitration Act I"