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Category: Arbitration award and decree

Order appointing receiver in execution of award- if appealable? (Bombay High Court)

October 13, 2019 Updates by Admin

Kakade Construction Company Ltd. v. Vistra ITCL (India) Ltd.; 2019 SCC Online Bom 152 High Court of Bombay; 2-judge; Pradeep Nandrajog, C.J. and Nitin Jamdar, J.; Decided on 09 August 2019 From a judgment or order passed by the Commercial Division of a High Court, an appeal lies to the

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Categories: Appealable orders | Arbitration award and decree | Commercial Courts Act | Enforcement | Self-contained code

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

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