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Category: Section 9 ACA

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25 January 2021, Monday

The provisions in the SIAC Rules for emergency arbitration do not violate Indian laws (Delhi High Co...

by Editor

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06 November 2020, Friday

Indian parties can arbitrate in a foreign seat (Gujarat High Court) [UPHELD by Supreme Court in 202...

by Editor

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21 September 2020, Monday

Courts' power to grant interim measures operates only in emergency (Delhi High Court in an ad-interi...

by Samarth Madan

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22 August 2020, Saturday

Only serious allegations of fraud are not arbitrable. The test of "serious allegations" set out aris...

by Prashant Mishra

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26 July 2020, Sunday

Pre-requisites to inject encashment of bank guarantees (Delhi High Court)

by Akshat Shukla

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13 June 2020, Saturday

Specific performance of a determinable contract cannot be granted nor can any injunction be issued t...

by Amitabh Abhijit

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24 April 2020, Friday

Bombay High Court’s ad-interim order based on an Emergency Award passed in a SIAC Arbitration

by Editor

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09 January 2020, Thursday

Court can grant relief under Section 9 even if the document containing the arbitration agreement is...

by Editor

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05 September 2021, Sunday

An order by SIAC’s Emergency Arbitrator in India-seated arbitration is enforceable in India (Supreme...

by Editor

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05 September 2021, Sunday

An order by SIAC’s Emergency Arbitrator in India-seated arbitration is enforceable in India (Supreme...

by Editor

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3 years ago

A post-award Section 9 is meant to protect the fruit of an award. A declaratory relief vouchsafing e...

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3 years ago

Scope of Section 9ACA versus Section 17 ACA revisited: Delhi High Court

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3 years ago

Section 9 does not lie to challenge a procedural order of the tribunal fixing fees: Delhi High Court

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3 years ago

Section 9 by a corporate debtor seeking stay on the termination of a contract dismissed: Delhi High...

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3 years ago

Minority members of co-operative must bend to the majority’s decision and allow redevelopment. Praye...

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3 years ago

Tribunal’s order securing the amount in dispute in arbitration is not patently illegal. But the depo...

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3 years ago

An ironclad case under Order 38 CPC is not necessary to make an interim order to secure the amount i...

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3 years ago

The arbitrator’s interim order interfering with the commercial wisdom of a party to not renew a cont...

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3 years ago

An arbitral tribunal is the final adjudicator of interim relief, and the scope of interfering with t...

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3 years ago

Law on injunction relating to bank guarantees surveyed by Bakhru J, special equities explained: Delh...

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3 years ago

Section 9 is not a tool to recover money: Delhi High Court

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3 years ago

Not every contract that has a termination clause is determinable: Delhi High Court

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3 years ago

Third party cannot invoke court’s Section 9 jurisdiction: Uttarakhand High Court

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3 years ago

Coaching institute teachers cannot be prohibited from working with a competitor even if they did not...

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3 years ago

Arbitral tribunal’s order of interim relief is discretionary. A sound and reasoned order injuncting...

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3 years ago

TV anchor cannot be prohibited from working with competitor even if she did not serve notice period:...

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3 years ago

When an invocation or encashment of unconditional bank guarantee be injuncted? (Delhi High Court)

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3 years ago

No interim relief when no right exists to get an extension of the lease (Delhi High Court)

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3 years ago

Tribunal’s procedural order for costs is not appealable. The remedy lies before the tribunal itself...

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3 years ago

When should a Section 9 court grant interim measures?

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3 years ago

What is a contract determinable in its nature and can the Section 9 court can make an order despite...

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3 years ago

Post-award Section 9 remedy is available even in foreign-seated arbitration governed by foreign laws...

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3 years ago

Application to review Section 9 order because written submissions were not considered dismissed (Bo...

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3 years ago

SIAC’s Emergency Arbitrator order in India-seated arbitration is enforceable in India under Section...

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3 years ago

Scope of Section 9 (3) ACA clarified: Supreme Court of India

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3 years ago

Scope of Section 9 (3) ACA summarised and matter sent to the arbitral tribunal: Delhi High Court

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3 years ago

If the tribunal is constituted, the jurisdiction of the Section 9 court is considerably restricted b...

by Editor

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3 years ago

A mandatory interim injunction should be granted on well-known principles, not special equities (Del...

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3 years ago

9. Blacklisting order for breach of contract stayed to enable parties to approach the tribunal...

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3 years ago

4. The power to issue interim directions does not involve final adjudication, interpreting and e...

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3 years ago

7. The arrest of a ship in Section 9 et al. (Delhi High Court)

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3 years ago

2. Choosing foreign law or foreign “seat/venue” is not “agreement to the contrary” under Section 9 A...

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3 years ago

4. Where acceptance of liability is a precondition to arbitrate, the bar will not apply if liability...

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3 years ago

5. Courts cannot give final relief in section 9 proceedings; Scope of interim relief sought cannot b...

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3 years ago

2. “Special equities” refer to special circumstances which result in irretrievable injustice (Delhi...

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3 years ago

1. Styling as an interim measure, a Section 9-court cannot make orders amounting to a final adjudica...

by Akshat Shukla ,  Saloni Jaiman

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3 years ago

2. Two Indian parties can choose a foreign seat of arbitration (Supreme Court of India)

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3 years ago

3. An interim order securing the amount in dispute can be made in case of admitted liability (Delhi...

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3 years ago

4. What is egregious fraud? (Delhi High Court)

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4 years ago

12. Arbitration maintainable against a member under an agreement the cooperative society signed (Bom...

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