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Category: Accord and satisfaction

The matter is arbitrable if the so-called accord and satisfaction appears prima facie under economic duress, and the court can appoint arbitrator under section 11

December 17, 2019 Updates by Editor

Oriental Insurance Co. Ltd. and another v. Dicitex Furnishing Limited Supreme Court of India, 2-judge bench, Arun Mishra and S. Ravindra Bhat JJ., decided on 13 November 2019 Dicitex applied to the High Court for appointment of an arbitrator under the arbitration clause of the fire insurance policy it

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Categories: Accord and satisfaction | Appointment of arbitrator | Economic duress | Pleading requirement under Section 11

Latest Update

Foreign award cannot be enforced if the matter involves violation of export-restrictions (Supreme Court of India)

3 weeks ago Saturday May 9, 2020

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

1 month ago Friday April 24, 2020

Considering and allowing a time-barred claim makes the award contrary to public policy of India, and irrational, and perverse, and lacking in judicial approach

1 month ago Friday April 24, 2020

Mere expression “place of arbitration” is not determinative of the “seat” of arbitration. The intention of the parties as to the “seat” should be determined from other clauses in the agreement and the conduct of the parties. (Supreme Court of India)

1 month ago Wednesday April 15, 2020

If a court determines that the seat is somewhere else, it has no jurisdiction even if cause of action arose in its jurisdiction and even if before the determination of seat, a prior application had been filed before it (Supreme Court of India)

2 months ago Friday April 10, 2020

No patent illegality or perversity where rate not fixed in the agreement was fixed by the arbitrator on common business sense and proposals submitted by the respondent; Award patently illegal where the contract was interpreted based on a circular that was not in evidence (Delhi High Court)

2 months ago Friday April 10, 2020

Appealing against an order closing the right to file written statement does not disentitle a party to seek reference to arbitration (Delhi High Court)

2 months ago Monday April 6, 2020

A party asserting that the arbitration agreement is not sufficiently stamped must establish, with reference to the rule, the basis of the insufficiency.

2 months ago Friday April 3, 2020

Award set aside by Delhi High Court in an appeal, overturning the finding of the arbitral tribunal and a single judge who had dismissed the set-aside application, on the ground that the reasoning of the tribunal was perverse and hence in conflict with the public policy of India (Delhi High Court)

2 months ago Thursday April 2, 2020

A suit for an anti-arbitration injunction on the ground that the arbitrator does not have jurisdiction is not maintainable given the Supreme Court’s decision in Kvaerner Cementation India Limited v. Bajranglal Agarwal (2012) 5 SCC 215. It is a matter for the arbitrator to decide. (Delhi High Court) (currently before a division bench in appeal)

2 months ago Sunday March 29, 2020

Categories

"But not thereafter" (1)
"First statement on the substance of the dispute" (1)
"Not later than the date of submitting (1)
1994 (1)
2015 (1)
2015 Amendments to section 11 (1)
2019 (1)
Accord and satisfaction (1)
Accrual of right to apply (1)
Action for foreclosure (1)
Amendment of pleading (1)
Anti-arbitration injunction (1)
Appeal (1)
Appealable orders (4)
Applicability of part I of Act (1)
Applicability of part I to arbitration (1)
Application for setting aside award (2)
Application of mind (1)
Appointment of arbitrator (15)
Appointment of substituted arbitrator (1)
Arbitrability (3)
Arbitrability of disputes (2)
Arbitrable dispute (1)
Arbitral proceedings (1)
Arbitral seat (6)
Arbitral tribunal of serving or retired officers (1)
Arbitrariness (1)
Arbitrary (1)
Arbitration agreement (6)
Arbitration agreement in writing (2)
Arbitration and Conciliation (Amendment) Act, 2015 (1)
Arbitration award and decree (1)
Arbitration dispute (1)
Arbitrator's interpretation of contract (1)
Art 36 (1) (a) (iv) Model Law (1)
Article 14 (1)
Article 226 (1)
Article 227 (1)
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BALCO (1)
BCCI v. Kochi (1)
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Characteristics of a reasoned order (1)
Characteristics of reasoned order (1)
Commercial Courts Act (1)
Competence Competence (1)
Competence of arbitral tribunal to rule on its own jurisdiction (3)
Composition of arbitral tribunal (2)
Concurrent jurisdiction (1)
Conditions for enforcement of foreign awards (2)
Consent of parties (1)
Constitutional validity (1)
Construction of arbitration agreement (3)
Construction of contract (1)
Court (1)
CPC (1)
Damages (1)
De jure unable to perform functions (1)
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Dispute (1)
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Doctrine of 'group of companies' (1)
Duty to give reasons (1)
Economic duress (1)
Effect on limitation of period of settlement talks (1)
Electricity Act (1)
Emergency Arbitrator (1)
Emergency Award (1)
Enforcement (7)
Enforcement of arbitral awards (2)
Enforcement of domestic awards (1)
Enforcement of foreign awards (4)
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Entry 1 Seventh Schedule (1)
Entry 1 Seventh Schedule (1)
Entry 31 Fifth Schedule (1)
Equality before law (1)
Erroneous application of law (1)
Estoppel (1)
Excepted matters (1)
Exclusive jurisdiction (4)
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Failure or impossibility to act (2)
Fifth Schedule (6)
Finality (2)
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Flexibility of procedure (1)
Foreign award (1)
Foreign Awards (Recognition and Enforcement) Act (1)
Form and contents of award (1)
Form of arbitration agreement (1)
Fundamental policy of Indian law (1)
Fundamental policy of Indian law (5)
Grounds for refusing recognition or enforcement (1)
Grounds for setting aside arbitral award (1)
Impartiality (2)
Implied reasoning (1)
Incorporation (1)
Incorporation by reference (1)
Independence and Impartiality of arbitrator (7)
Independence of arbitrator (2)
inherent jurisdiction (1)
Interim measures (2)
Interim measures ordered by arbitral tribunal (2)
Interim relief (1)
International Commercial Arbitration (1)
Interpretation of contract (2)
Interpretation of judgment (1)
Joinder of non-signatories (1)
Judicial discipline (1)
Judicial review in arbitration (1)
Jurisdiction of arbitral tribunal (4)
Kompetenz-kompetenz (4)
Limitation (10)
Limitation Act (1)
Limitation and jurisdictional question (2)
Limitation for setting aside (2)
Limitation period for appointing arbitrator (1)
Limitation to file application for appointment of arbitrator (1)
Limitation to refer dispute to arbitration (1)
Limitation under Section 37 (1)
Maintainability (1)
Mortgage (1)
Most basic notions of morality and justice (1)
Neutrality (1)
Neutrality of arbitrator (7)
non est (1)
Non-arbitrable matters (1)
Non-signatory to arbitration (1)
Nonarbitrability (1)
Objection to execution (1)
Part I (1)
Party appointed arbitrator (1)
Party appointed sole arbitrator (1)
Party autonomy (2)
Patent Illegality (4)
Perverse award (3)
Place (1)
Place of arbitration (2)
plea of lack of inherent jurisdiction (1)
Pleading requirement under Section 11 (1)
Power of court under section 11 (1)
Power of superintendence over all courts by the High Court (1)
Power to refer to arbitration (1)
Pre-arbitral dispute resolution mechanism (1)
Prejudice (1)
Preliminary Issue (1)
Public policy (4)
Public Policy of India (5)
Reappreciation of evidence (2)
Reappreciation of finding of fact (2)
Reasoned or speaking award (1)
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Refer to arbitration (1)
Remand of arbitral award (1)
Remission of award (1)
Remove term: Power to refer parties to arbitration Power to refer parties to arbitration (1)
Review on the merits of the dispute (1)
Right to appoint arbitrator (1)
Right to nominate arbitrator (1)
Right under special law for appointing arbitrator (1)
Rules of procedure (1)
Sanctity of party choice (1)
Scope of reference (1)
Seat (4)
Seat of arbitration (5)
Section 11 (2)
Section 11 (6A) (1)
Section 12 (2)
Section 14 (1)
Section 14 (2)
Section 15 (1)
Section 15 (2)
Section 16 (1)
Section 19 of Arbitration and Conciliation Act (1)
Section 2(1)(e) (1)
Section 20 (1)
Section 34 (5)
Section 34 (2A) (1)
Section 36 (2)
Section 37 (1)
Section 8 (1)
Section 9 (1)
Self-contained code (2)
Set aside or refusing to set aside an arbitral award (2)
Setting aside arbitral award (5)
Seventh Schedule (6)
Severability (1)
Sole arbitrator (2)
Special act v. general act (1)
Speedy disposal (1)
Srikrishna Committee Report (1)
Stage to decide jurisdictional plea (1)
Stamp duty (3)
Stamping of arbitration agreement (3)
Stamping of foreign award (1)
Standard for setting aside arbitral award (1)
Standing arbitral tribunal (1)
Statutory arbitrations (1)
Termination of mandate (4)
Termination of mandate and substitution of arbitrator (4)
Tests for determination of seat (1)
The CORE principle (1)
The Garware principle (1)
The Garware Rule (1)
The Perkins principle (3)
The TRF principle (1)
thing done or to be done (1)
Time limit (1)
Time limit for concluding arbitration (1)
Unenforceability of arbitral award (1)
Venue (2)
Venue of arbitration (3)
Voestalpine (1)
Voestalpine principle (1)
Waiver (2)
Waiver of right to appoint arbitrator (1)
Who decides question? (1)
Written arbitration agreement (1)

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