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"
It is settled law, that Section 20(1) and 20(2) where the word ‘place’ is used, refers to ‘juridical seat’, whereas in Section 20(3), the word ‘place’ is equivalent to ‘venue’. My Lord, What is the correct depiction of the practical considerations and the distinction between ‘seat’ [Sections 20(1) and 20(2)] and ‘venue’ [Section 20(3)]? This, […]Read more "Section 20 of The Arbitration Act I"
“Where an agreement is terminated by one party on account of the breach committed by the other, particularly, in a case where the clause is framed in wide and general terms, merely because the agreement has come to an end by its termination by mutual consent, the Arbitration Clause does not get perished nor is […]Read more "Section 8 of the Arbitration Act IV"
Part I of the Indian Arbitration Act has no application when parties agree and conduct the Arbitration outside India. In IMAX Corporation v. M/s. E-City Entertainment India Pvt. Ltd., [Civil Appeal No. 3885 of 2017] parties agreed that all disputes, ‘shall be finally settled by Arbitration pursuant to the ICC Rules of Arbitration’. They did […]Read more "Implied Exclusion of Part I of the Arbitration Act III"
“Arbitration – All disputes or differences whatsoever arising between the parties out of, or relating to, the construction, meaning and operation or effect of the contract or the breach thereof shall be settled by Arbitration in India through the Arbitration Panel of the Indian Council of Arbitration in accordance with the Rules of Arbitration of the […]Read more "Second Instance or Appellate Arbitrations"
My Lord, Does an application seeking extension of time for filing a written statement, constitute a “first statement on the substance of the dispute” within the meaning of Section 8 of The Arbitration and Conciliation Act, 1996? No. “In Rashtriya Ispat Nigam Ltd., (2006) 7 SCC 275 interpreting the expression “first statement on the substance of the […]Read more "Section 8 of The Arbitration Act III"
Fraud is a knowing misrepresentation of the truth or concealment of a material fact or abuse of a position of confidence to induce another to act to his detriment. Fraud is considered arbitrable by Indian law, but cases involving serious allegations of fraud may not be referred to domestic arbitrations on other grounds. “When the case […]Read more "Section 8 of The Arbitration Act II: Arbitrability of Fraud"