Attributes of Arbitration Agreements

P. Dasaratharama Reddy Complex, (2014) 2 SCC 201 referred to a large number of decisions of the SC in order to distinguish between clauses that were Arbitration Clauses and clauses that either led to expert determinations or were otherwise not Arbitration Clauses. For example, Tipper Chand, (1980) 2 SCC 341 was referred to; Equally, the Court relied extensively […]

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Section 50 of The Arbitration Act II

My Lord, Is an appeal, not maintainable under Section 50 of The Arbitration and Conciliation Act, 1996, nonetheless maintainable under Section 13(1) of The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015? No. “Both The Commercial Courts Act as well as the detailed Arbitration Amendment Act of 2015, were brought […]

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Section 7(5) of The Arbitration Act II

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, […]

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