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.
Read Full ArticleSupreme 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 caused by continuous paragraph numbering in the Supreme Court’s Gayatri Balasamy judgment and asks law reporters to prevent such misreading.
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.
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.
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.
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.
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...
Kerala High Court held a private arbitration agreement need not be certified by a public authority; party or counsel attestation is sufficient under the 1996 Scheme.
Telangana High Court rules that award-holders can seek interim relief under Section 9 of the Arbitration Act until an arbitral award is enforced.
Karnataka HC holds a contractor is not barred from claiming loss of profit on unexecuted works merely because the work stayed unexecuted, though the claim must still be proved with evidence.
Supreme Court rules writ courts cannot examine merits while reviewing Section 16 arbitration orders; stamping objections can be raised under Section 34.
Kerala High Court held that Section 9 of the Arbitration Act cannot be used to decide disputes on merits and set aside an interim release order.
Calcutta High Court sets aside arbitral award against Tata Steel, holding participation cannot validate an illegally constituted tribunal.
Delhi High Court rejects SpiceJet’s review against ₹144 crore deposit order in Maran dispute, imposes ₹50,000 costs for non-compliance with directions.
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