Vidya Drolia and others v. Durga Trading Corporation (Vidya Drolia II) Court: Supreme Court of India | Case Number: Civil Appeal No. 2402 of 2019 | Citation: 2020 SCC OnLine SC 1018 | Bench: NV Ramana, Sanjiv Khanna and Krishna Murari JJ | Date of decision: 14 December 2020 |
Continue readingExistence and validity and of an arbitration agreement, and arbitrability of the dispute can be examined in proceedings under Section 8 and Section 11 ACA. The court should interfere in limited cases where it is plainly arguable that the arbitration agreement is non-existent, invalid or the disputes non-arbitrable. (Supreme Court)
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Categories: Appointment of arbitrator | Arbitrability | Boghara Polyfab principle | Booz Allen principle | Competence Competence | Erga omnes effect | Existence of arbitration agreement | Formal validity of arbitration agreements | In personam | In rem | Nonarbitrability | Power to refer parties to arbitration | Public policy | Section 11 | Section 16 | Section 8 | Substantive validity | Test of arbitrability | Validity
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
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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?
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)
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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?