SUPREME COURT: MSMED Act, 2006 being special statute shall prevail over Arbitration Act, 1996 in case of apparent conflict: “generalia specialibus non derogant” (General laws do not prevail over Special laws)
The Hon’ble Supreme Court in its landmark judgment dated 31st October 2022 clarified that the Micro, Small, and Medium Enterprises Development Act, 2006 (“MSMED Act, 2006”) is a special law. It has an effect overriding
MATTERS CAN BE REFERRED TO ARBITRATION UNDER MSMED ACT, THOUGH THERE IS NO PRIOR ARBITRATION AGREEMENT
The Punjab and Haryana High Court bench comprising Justice Lisa Gill in a recent judgment1 held that even though there is no arbitration agreement between the parties, the dispute can be referred to arbitration as
ARBITRAL TRIBUNAL CAN NOT ORDER INTERIM DEPOSIT OF DISPUTED AMOUNT, WHERE THE LIABILITY IS IN DISPUTE: Supreme Court
The Supreme Court bench comprising Justices M.R. Shah and B.V. Nagarathna held, in a recent judgment1 Arbitral Tribunal (“Tribunal”) cannot pass an interim order under Section 17 of the Arbitration and Conciliation Act, 1996 (the
ARBITRAL AWARD IS NULL AND VOID IF PASSED PAST THE PRESCRIBED PERIOD: TELANGANA HC
The Telangana High Court comprising Justice P. Naveen Rao and Dr. Justice G. Radha Rani, in a recent Judgement1 held that the provisions of Section 29A of the Arbitration and Conciliation Act, 1996 (the “Act”),
Indian parties can choose a foreign seat of arbitration
The Supreme Court in PASL Wind Solutions Private Limited vs. GE Power Conversion India Private Limited[1] has ruled that two companies incorporated in India can choose a forum for arbitration outside India. It also ruled
Limitation period for filing application under Section 11 of Arbitration Act governed by Article 137 of Limitation Act
The Supreme Court in Bharat Sanchar Nigam Ltd. & another vs. M/s Nortel Networks Pvt. Ltd.[1] has held that the period of limitation for filing an application under Section 11 of the Arbitration and Conciliation
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