Category: Arbitration agreement 

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

     Updates by Kriti

Shri Chand Construction and Apartments Private Ltd. and another v. Tata Capital Housing Finance Ltd.; 2020 SCC OnLine Del 472 High Court of Delhi; Single-judge bench, Rajiv Sahai Endlaw J, decided on 04 March 2020     A. PREFACE: SECTION 8 ACA, HOW TO APPLY AND WHEN TO APPLY TO

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Categories: "First statement on the substance of the dispute" |  "Not later than the date of submitting |  Arbitration agreement  |  Arbitration dispute |  Limitation |  Remove term: Power to refer parties to arbitration Power to refer parties to arbitration |  Waiver  

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

     Updates by Kushager Relhan

Nirman Panchvati Developers Pvt. Ltd. and another v. Wellcity Real Estate Pvt. Ltd. and others (https://indiankanoon.org/doc/109727706/) Bombay High Court; Single-judge bench, GS Patel J, decided on 02 March 2020   A. PREFACE On 10 April 2019, in Garware Wall Ropes v. Coastal Marine Constructions & Engineering Ltd., (2019) 9 SCC

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Categories: Appointment of arbitrator |  Arbitration agreement  |  Section 11 |  Stamp duty |  Stamping of arbitration agreement |  The Garware Rule  

Court can grant relief under Section 9 of the Arbitration and Conciliation Act 1996 even if the document containing the arbitration agreement is insufficiently stamped (Bombay High Court) [Note: the issue is pending in the Supreme Court in another matter]

     Updates by Editor

IREP Credit Capital Pvt. Ltd.  v. Tapaswi Mercantile Pvt. Ltd. and another; 2019 SCC OnLine Bom 5719 Bombay High Court; Single-judge bench, Bombay High Court, G.S. Patel, J.; decided on 20 December 2019   Can a court grant relief under Section 9 of the Arbitration and Conciliation Act, 1996 (“ACA”)

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Categories: Action for foreclosure |  Arbitrability of disputes  |  Arbitrable dispute |  Arbitration agreement  |  Decision of coordinate bench |  Interim measures |  Interim relief  |  Judicial discipline |  Mortgage |  Stamp duty |  Stamping of arbitration agreement |  The Garware principle  

An agreement with arbitration clause, stamped elsewhere, if brought in Maharashtra, will have to be stamped again even if arbitration is the only thing to happen in Maharashtra; arbitration is a thing done or to be done under Maharashtra Stamp Act (Bombay High Court)

     Updates by Gunjan Soni

Satyanarayana & Co. v. West Quay Multiport Private Limited, 2019 SCC OnLine Bom 4595 Bombay High Court; single judge bench, G.S. Patel J.; decided on 22 November 2019 An agreement between the petitioner and the respondent, stamped in Andhra Pradesh, had an arbitration clause. Based on this, the petitioner made

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Categories: Arbitration agreement  |  Severability |  Stamp duty |  Stamping of arbitration agreement |  thing done or to be done  

Arbitration agreement is in writing if contained in exchange of statement of claim and defence (Bombay High Court)

     Updates by Meenakshi K. K.

Inspira IT Products Pvt. Ltd. v. Tata Consultancy Services Ltd., 2019 SCC OnLine Bom. 2716 Bombay High Court, single-judge bench, G.S. Kulkarni, J., decided on 14 October 2019   Section 7 of the Arbitration and Conciliation Act, 1996 (“ACA”) deals with formal validity of the arbitration agreement. Sub-section 3 prescribes

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Categories: Arbitration agreement  |  Arbitration agreement in writing |  Termination of mandate |  Termination of mandate and substitution of arbitrator |  Written arbitration agreement