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Arbitration Act

Arbitration Clause Extends To Personal Guarantee Integrated With Loan Agreement: SC [Read Judgment]
Judiciary
Arbitration Clause Extends To Personal Guarantee Integrated With Loan Agreement: SC [Read Judgment]

Supreme Court holds that an arbitration clause in a loan agreement can bind a personal guarantor under Section 7(5) of the Arbitration Act when the guarantee is expressly made an integral and inseparable part of the loan agreement.

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Supreme Court This Week: Key Rulings You Should Know Judiciary
Supreme Court This Week: Key Rulings You Should Know

Supreme Court’s key rulings this week cover POCSO, Article 226, arbitration, human rights, environmental clearances, corporate criminal liability, food labelling and insolvency, with important legal principles clarified across these areas.

Madras HC Flags Confusion Over Numbering in Gayatri Balasamy Judgment [Read Judgment] Judiciary
Madras HC Flags Confusion Over Numbering in Gayatri Balasamy Judgment [Read Judgment]

Madras HC flags confusion caused by continuous paragraph numbering in the Supreme Court’s Gayatri Balasamy judgment and asks law reporters to prevent such misreading.

Arbitrator, Not Writ Court, Must Decide ‘Excepted Matters’: SC [Read Judgment] Judiciary
Arbitrator, Not Writ Court, Must Decide ‘Excepted Matters’: SC [Read Judgment]

The Supreme Court held that an Arbitral Tribunal has jurisdiction under Section 16 to decide whether a contract termination dispute falls within an “excepted matters” clause, and writ courts cannot restrict that enquiry.

Legal Heir Can Challenge Arbitral Award Under Section 34 Even If Not Heard: Delhi HC Judiciary
Legal Heir Can Challenge Arbitral Award Under Section 34 Even If Not Heard: Delhi HC

The Delhi High Court declined to halt arbitration at the final arguments stage, holding that a legal heir not impleaded by a co-heir can challenge the eventual arbitral award under Section 34 of the Arbitration Act.

Litigants Entitled To Court Fee Refund If Appeal Is Not Maintainable: Madras HC

Madras High Court holds litigants are entitled to a court fee refund when an appeal is not maintainable, terming such filing “inadvertence” under Section 70.

SC Upholds Direction to Deposit ₹3.5 Crore Pending Challenge to Arbitral Award

The Supreme Court has upheld a Delhi High Court order directing National Projects Construction Corporation to deposit ₹3.5 crore pending its challenge to an arbitral award.

Legal Representative’s Remedy Against Arbitral Award Lies Under Section 34 of Arbitration Act, Not Under Article 227 of the Constitution: SC [Read Judgment]

Supreme Court rules legal heirs must challenge arbitral awards under Section 34, not Article 227, affirming Arbitration Act as a complete code.

SC Slams One-Sided Government Contract Clauses Barring Access to Courts and Arbitration

Supreme Court deprecates one-sided government contract clauses that bar access to courts or arbitration, calling them against the Rule of Law.

SC Dismisses MCGM’s Challenge to Arbitral Award, Holds Conduct of Party Relevant to Decide Jurisdictional Challenge [Read Judgment]

Supreme Court dismisses MCGM’s challenge to arbitral award, holds party conduct relevant while deciding jurisdictional objections under Section 16 of the Arbitration Act.

Bombay HC Holds Section 9 Cannot Be Used to Fasten Liability on Non-Signatory Once Foreign Award Is Held Unenforceable [Read Judgment]

Bombay HC holds Section 9 cannot fasten liability on a non-signatory once a foreign arbitral award is held unenforceable against it.

Can Applications For Extension Of Arbitration Time Limit Be Filed Before Civil Court When High Court Appoints Arbitrator? SC Answers [Read Judgment]

Supreme Court rules Section 29A extension pleas lie before civil courts even when arbitrator is appointed by High Court, settling conflicting HC views.

Delhi HC Appoints Sole Arbitrator in Meghalaya Hotels–IRCTC Dispute; Reiterates Bar on PSU-Curated Arbitration Panels [Read Order]

Delhi High Court appoints sole arbitrator in Meghalaya Hotels–IRCTC dispute, reiterating Supreme Court’s bar on PSU-curated arbitration panels.

Madras HC Rules Arbitrator Cannot Pierce Corporate Veil; Orders Repayment of ₹2.5 Crore Loan [Read Order]

Madras HC holds arbitrator cannot pierce corporate veil, sets aside damages, and directs repayment of ₹2.5 crore loan with 12% interest.

Himachal Pradesh HC Upholds ₹55 Crore MSME Arbitral Award, Says 180-Day EM-II Filing Not Mandatory [Read Order]

Himachal Pradesh HC confirms ₹55 crore MSME award, says EM-II filing is voluntary and the arbitration reference was filed within limitation.

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