Arbitration agreement Archives – National Forum for Research in Arbitration Law

An arbitration clause which says disputes “may” be referred to arbitration is not a binding arbitration agreement; the pre-arbitral mechanism of discussion need not be followed when it is clear parties do not intend any settlement (Bombay High Court)

June 22, 2020 Update by Nayanikaa Shukla

Quick Heal v. NCS Computers and another Court: Bombay High Court | Case Number: Arbitration Petition No.43 of 2018| Citation: Not currently available | Judge: SK Kathawalla J | Date: 05 June 2020 | Available at: Website of Bombay High Court https://bombayhighcourt.nic.in A. THE ARBITRATION CLAUSE STATED THAT THE DISPUTE

Categories: Appointment of arbitrator | Arbitration agreement | Pre-arbitral mechanism | Pre-arbitral procedure | Section 11

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,

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

April 6, 2020 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

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

April 3, 2020 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

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]

January 9, 2020 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”)

Category: Arbitration agreement

An arbitration clause which says disputes “may” be referred to arbitration is not a binding arbitration agreement; the pre-arbitral mechanism of discussion need not be followed when it is clear parties do not intend any settlement (Bombay High Court)

Proceedings by lawyer for recovery of money amounts to a commercial relationship under Section 44 ACA. (Delhi High Court)

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

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

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]