Partner of Partnership Firm Can’t Solely Refer A Dispute To Arbitration In Absence of Other Partners: Bombay High Court
The High Court of Bombay (HC) in Shailesh Ranka and Ors. v. Windsor Machines Limited & Ors.[i] held that a firm’s partner cannot solely decide and initiate arbitration proceedings without the consent of the other
Dispute concerning Cancellation Deed is Arbitrable as it is Action in Personam : Supreme Court
The Supreme Court (“SC”) recently in Sushma Shivkumar Daga & Ors. v. Madhukumar Ramkrishnaji Bajaj & Anr. [i] expanded the scope of arbitration. The SC upheld the arbitrability of a property dispute including a cancellation
Arbitration Clause in Unstamped or Insufficiently Stamped Agreements Are Enforceable; it is Curable Defect: Supreme Court
The Supreme Court (“SC”) recently, In Re Interplay between Arbitration Agreements under the Arbitration and Conciliation Act, 1996 And the Indian Stamp Act, 1899[i] held that arbitration clauses provided under the agreements that are insufficiently
Court Can Exercise Power u/s 9 of Arbitration Act Even if Arbitration Agreement is Not Duly Stamped: Bombay High Court
The Bombay High Court (“HC”) in L&T Finance Limited v. Diamond Projects Limited and 4 Other Petitions held that under Section 9 of the Arbitration and Conciliation Act (“Act”) there is no need to determine
Group of Companies Doctrine Applies to Indian Jurisprudence; Can Also Bind non-signatories to Arbitration Agreement: Supreme Court
A Constitution Bench comprising of Dr. Dhananjaya Y. Chandrachud (CJI), Justice Hrishikesh Roy, Justice Pamidighantam, Sri Narasimha, Justice J.B. Pardiwala and Justice Manoj Misra, of the Supreme Court (“SC”) held in the case of Cox
Unfold Nuances of Section 9 of Arbitration Act: A Case Study of Vivek Jain v. PrepLadder Pvt. Ltd., Delhi High Court
It was interpreted by the Delhi High Court that the Court exercising its powers under Section 9 of the Arbitration and Conciliation Act, 1996(‘Arbitration Act’) to secure the amount in dispute or to order attachment
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