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Arbitration and Conciliation 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.

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...

'Duly Certified Copy' Of Arbitration Agreement Need Not Be Attested By Public Authority: Kerala HC [Read Order]

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 HC: Award-Holder Can Seek Section 9 Relief Until Arbitral Award Is Actually Enforced

Telangana High Court rules that award-holders can seek interim relief under Section 9 of the Arbitration Act until an arbitral award is enforced.

Contractor Not Barred from Claiming Loss of Profit for Unexecuted Works: Karnataka HC [Read Judgment]

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.

Writ Courts Cannot Examine Merits in Section 16 Arbitration Challenges: SC [Read Judgment]

Supreme Court rules writ courts cannot examine merits while reviewing Section 16 arbitration orders; stamping objections can be raised under Section 34.

Section 9 Arbitration Act Cannot Be Used to Decide Disputes on Merits: Kerala HC [Read Judgment]

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 HC Quashes Arbitral Award Against Tata Steel Over Invalid Tribunal [Read Order]

Calcutta High Court sets aside arbitral award against Tata Steel, holding participation cannot validate an illegally constituted tribunal.

Delhi HC Rejects SpiceJet’s Review Petition Against ₹144 Crore Deposit Order, Imposes ₹50,000 Costs

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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