Counsel cited these cases: Foreign Cases: Naviera Amazonica Peruana S.A., (1988) (1) Lloyd’s Law Reports 116. Hiscox, (1992) 1 AC 562. McDonnell Douglas Corpn., (1993) 2 Lloyd’s Law Rep. 48. C vs. D, (2007) EWCA Civ 1282 (CA). C vs. D, (2008) 1 Lloyd’s Law Rep 239. Braes of Doune Wind Farm (Scotland) Limited, (2008) […]Read more "Referred to Larger Bench XIII: Venue v. Seat, Arbitration"
“If any difference shall arise as to the quantum to be paid under this Policy (liability being otherwise admitted) such difference shall independently of all other questions be referred to the decision of an Arbitrator to be appointed in writing by the parties in difference, or if they cannot agree upon a Single Arbitrator to […]Read more "Conditional Intention of Arbitration"
My Lord, What is meant by the expression “furnishes proof” in Section 34(2)(a) of The Arbitration Act? “In an early Delhi High Court judgment, Sandeep Kumar v. Dr. Ashok Hans, (2004) 3 Arb LR 306 a learned Single Judge of the Delhi High Court specifically held that there is no requirement under the provisions of Section 34 for […]Read more "Section 34(2)(a) of The Arbitration Act I"
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 […]Read more "Attributes of Arbitration Agreements"
“The enforcement of Award through its execution can be filed anywhere in the country where such decree can be executed and there is no requirement for obtaining a transfer of the decree from the Court, which would have jurisdiction over the Arbitral Proceedings. In Kotak Mahindra Bank Ltd., (2011) 4 LW 745 (Mad HC) it […]Read more "Execution of Final Arbitral Award / Deemed Decree"
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 […]Read more "Section 50 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, […]Read more "Section 7(5) of The Arbitration Act II"