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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Section 7(5) of The Arbitration Act I

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, […]

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Implied Exclusion of Part I of The Arbitration Act IV: The Shashoua Principle

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, […]

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Section 27(5) of The Arbitration Act

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 […]

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