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Arbitration Agreement

SC Allows Non-Signatories To Join Arbitration, Leaves Limitation And Estoppel Issues Open [Read Judgment]
Judiciary
SC Allows Non-Signatories To Join Arbitration, Leaves Limitation And Estoppel Issues Open [Read Judgment]

The Supreme Court holds, on a prima facie basis, that two non-signatories to a 1985 partnership deed are “veritable parties” to an arbitration because their rights in the disputed property may be substantially affected. The Court leaves questions of limitation and estoppel for the Arbitral Tribunal to decide.

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Goa Is Juridical Seat Of Arbitration, Delhi HC Lacked Jurisdiction To Appoint Arbitrator: SC [Read Judgment] Judiciary
Goa Is Juridical Seat Of Arbitration, Delhi HC Lacked Jurisdiction To Appoint Arbitrator: SC [Read Judgment]

The Supreme Court sets aside the Delhi High Court’s order appointing an arbitrator, holding that Goa is the juridical seat of arbitration under the agreement between Arcis Clean Energy and Parshva Innovation. The Court rules that the exclusive jurisdiction clause favouring Goa, read with the arbitration clause, establishes Goa as the seat and leaves the parties free to approach the competent High Court.

Section 9 Relief Not Available While Section 12A Mediation Is Pending: Madras HC [Read Order] Judiciary
Section 9 Relief Not Available While Section 12A Mediation Is Pending: Madras HC [Read Order]

Madras High Court dismisses a Section 9 arbitration plea after the applicant suppressed pending Section 12A pre-institution mediation proceedings, granting liberty to approach again after withdrawal.

Section 37 Appeal Cannot Be Converted Into Section 17 Application Before Tribunal: SC Judiciary
Section 37 Appeal Cannot Be Converted Into Section 17 Application Before Tribunal: SC

Supreme Court holds that a Section 37 arbitration appeal cannot be remitted to an Arbitral Tribunal to be treated as a Section 17 application, even with parties’ consent.

High Court Location Does Not Determine Arbitration Seat: SC [Read Judgment] Judiciary
High Court Location Does Not Determine Arbitration Seat: SC [Read Judgment]

Supreme Court holds that Cuttack was merely the venue, not the juridical seat of arbitration, and restores Mahanadi Coalfields’ Section 34 petitions before Sundargarh District Court.

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 insepara...

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]

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 canno...

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 A...

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.

Calcutta HC: Unsigned Arbitral Award Cannot Be Enforced, Execution Petition Premature [Read Judgment]

The Calcutta High Court held that an unsigned copy of an arbitral award cannot be enforced and ruled that an MSME officer's certificate cannot substitute a signed copy under Section 31(5) of the Arbit...

Mere arbitration clause in invoices invalid without express or implicit acceptance: Delhi HC [Read Order]

Delhi High Court rules that an arbitration clause in invoices isn't valid without express or implicit acceptance, terminating a unilaterally appointed arbitrator's mandate.

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