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Arbitration Agreement

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.

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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.

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.

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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