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Category: Choice of law

Choice of foreign law (laws of UK) by two Indian parties as the law governing the main contract is enforceable because a foreign element (high seas sale) was involved in the transaction (Delhi High Court)

November 28, 2020 Update by Editor

Dholi Spintex Pvt. Limited v. Louis Dreyfus Company India Pvt. Ltd. Court: Delhi High Court| Case number: CS (Comm.) 286 of 2020 | Citation: Not available currently |Bench: Mukta Gupta J | Date: 24 November 2020 A. The Context The concept of freedom of contract is well recognized.

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Categories: Arbitral seat | Choice of law | Foreign law | Party autonomy | Power of judicial authority to refer parties to arbitration | Section 45

Latest Update

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

9 months 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)

9 months 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)

9 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)

9 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)

10 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.

10 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)

10 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)

10 months ago Sunday March 29, 2020

Party appointed sole arbitrator is ineligible in view of the Supreme Court’s 2-judge bench decision in Perkins case; the 3-judge bench decision in Central Organisation for Railway Electrification distinguished (Delhi High Court)(20 January 2020)

12 months ago Thursday January 30, 2020

The enquiry under Section 11 is limited to examination of the existence of an arbitration agreement; no conflict in Geo Miller case and Uttarakhand Purv Sainik case (Bombay High Court)(14 January 2020)

12 months ago Thursday January 30, 2020

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