Avitel Post Studioz Limited and others v. HSBC PI Holdings (Mauritius Limited) and HSBC PI Holdings (Mauritius Limited) v. Avitel Post Studioz Limited and others Court: Supreme Court of India | Case Number: Civil Appeal No. 5145 of 2016 and Civil Appeal No. 5158 of 2016 | Citation: 2020 SCC
Continue readingOnly serious allegations of fraud are not arbitrable. Serious allegations arise only if either of the two tests laid down in Ayyasamy—explained in Rashid Raza case and further described in this case-are satisfied.
Civil 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
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 reading Categories: Anti-arbitration injunction | Arbitrability | Competence Competence | Kompetenz-kompetenz | Nonarbitrability | Section 16 | Who decides question?
Mitra Guha v. ONGC: Can Determination Of Breach Of Contract Be An ‘Excepted Matter’?
Blog by Iti Mishra
INTRODUCTION Party autonomy is one of the foundations of arbitration. Section 7(1) of the Arbitration and Conciliation Act, 1996 provides that by way of an arbitration agreement, the parties can submit all or certain disputes to arbitration. It is common for parties in a commercial contract to reserve some
Continue reading Categories: Arbitrability | Arbitrability of disputes | Arbitrable dispute | Excepted matters | Finality | Finality clause | Non-arbitrable matters
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?
If the agreement provides a named adjudicator for deciding certain matters, those matters are “excepted matters”, and not arbitrable. (Supreme Court)
Updates by Editor
Mitra Guha Builders (India) Company v. Oil and Natural Gas Corporation Limited, 2019 SCC OnLine SC 1442 Supreme Court of India, 3-judge bench, R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ. decided on 08 November 2019 In the construction contract that Mitr Guha had with ONGC, a clause empowered
Continue reading Categories: Arbitrability | Arbitrability of disputes | Excepted matters | Finality | Finality clause | Non-arbitrable matters
