Balasore Alloys Limited v. Medima LLC Court: Bombay High Court | Case Number: CS No. 59 of 2020 (Ad-interim order)| Citation: Not currently available | Judge: Shekhar B Saraf J | Date: 12 August 2020 | Available at: Bombay High Court’s website Disagreeing with Rajiv Sahai Endlaw J’s decision in
Continue readingCivil courts have the power to grant an anti-arbitration injunction, but sparingly, and in line with principles outlined in paragraph 24 of Modi Entertainment Network
Update by Simran Patel
Categories: Anti-arbitration injunction | Arbitrability | Competence Competence | Kompetenz-kompetenz | Nonarbitrability | Section 16 | Who decides question?
Proceedings by lawyer for recovery of money amounts to a commercial relationship under Section 44 ACA. (Delhi High Court)
Update by Simran Patel
Spentex Industries Ltd. v. Quinn Emanuel Urquhart & Sullivan LLP Court: High Court of Delhi | Case Number: CS (OS) 568 of 2017 | Citation: Not currently available | Judge: Jayant Nath J| Date: 12 May 2020 | Available at: https://indiankanoon.org/doc/28419108/ A. THE BACKGROUND Spentex Industries, an Indian company,
Continue reading Categories: Anti arbitration suit | Anti-arbitration injunction | Arbitration agreement | Commercial | Commercial under the law in force in India | Incapable of being performed | Inoperative | Null and void | Power of judicial authority to refer parties to arbitration | Section 44 | Section 45
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)
Updates by Editor
Dr Bina Modi v. Lalit Modi and others, CS(OS) 84/2020 Delhi High Court; single-judge bench, Rajiv Sahai Endlaw J.; Decided on 3 March 2020 A. PREFACE: SEEKING ANTI-ARBITRATION INJUNCTION ON THE GROUND THAT DISPUTE IS NOT ARBITRABLE–RELYING ON VIMAL KISHOR SHAH AND VIDYA DROLIA CASE. The question before the High
Continue reading Categories: Anti-arbitration injunction | Arbitrability | Competence Competence | Kompetenz-kompetenz | Nonarbitrability | Section 16 | Who decides question?