Assignee can invoke arbitration clause Bombay High Court

Assignee, having stepped into the shoes of the assignor, can invoke arbitration clause: Bombay High Court.

Thursday March 9, 2023. BY Aaushi Doshi | Arbitration and Conciliation

In a recent order,in the matter of M/s. Siemens Factoring Private Limited v. Future Enterprises Private Limited[1]the Hon’ble Bombay High Court (“the Court”) held that an assignee, though not a party but having stepped into

Arbitrators fees Under The Fourth Schedule Of A and C Act

Supreme Court Clarifies The Law On Payment Of Fees To Arbitrators

Wednesday March 1, 2023. BY Arbitration Team | Arbitration and Conciliation

The Hon’ble Supreme Court (the SC) in Oil and Natural Gas Corporation Ltd. vs. Afcons Gunanusa JV[1] settled law on applicability of the Fourth Schedule (“the Schedule”) of the Arbitration and Conciliation Act, 1996 (“the

Delhi High Court reiterates its findings on what constitutes non est filing for the purposes of calculating period of limitation.

Wednesday February 8, 2023. BY Aaushi Doshi and Neeli Sandesara | Arbitration and Conciliation

Introduction The High Court of Delhi, in a recent judgement re-iterated the concept of non-est filing in Ambrosia Corner House Private Limited V. Hangro S Foods1. The Court laid out instances that would constitute non-est

Bombay High Court

Once the reference under MSMED Act is filed, it would override invocation of arbitration by other party: Bombay High court

Wednesday February 1, 2023. BY Nidhi Singh (Associate Partner) & Chitrang Gamoth (Associate) | Arbitration and Conciliation

The Hon’ble Bombay High Court in a recent order passed on 24th January 2023 has ruled that the ongoing dispute filed under the provision of Micro, Small, and Medium Enterprises Development Act, 2006 (“MSMED Act,

DISPUTES REGARDING NON-PAYMENT OF DUES CANNOT BE REFERRED TO ARBITRATION AS IT IS SIMPLY A CASE OF RECOVERY: PUNJAB AND HARYANA HC

Wednesday January 18, 2023. BY Aaushi Doshi | Arbitration and Conciliation

The High Court of Punjab and Haryana at Chandigarh in a recent judgment1 held that when the dispute between the parties relates to a case of simpliciter non-payment of dues it cannot be said to

HC: Section 47 of CPC Cannot Be Applicable While Executing Arbitral Awards States Tripura High Court

Wednesday January 4, 2023. BY Civil Team | Arbitration and Conciliation

The Hon’ble High Court of Tripura in its recent judgment1 passed on December 2022 held that Section 47 of the Code of Civil Procedure, 1908 (“CPC”) is not applicable to the execution of an arbitration

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