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)
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)
Shamsuddin v. Now Realty Ventures LLP, 2020 SCC OnLine Bom 100 High Court of Bombay; Single judge bench; G. S. Patel, J.; Decided on 14 January 2020 Prefatory Section 11 (6A) of the Arbitration and Conciliation Act, 1996 (“ACA”) was introduced by the 2015 Amendments. It provides that the Supreme
Continue readingAn issue as to jurisdiction like limitation should be decided by the arbitrator, not court considering an application under Section 11 to appoint arbitrator (Supreme Court of India)
Uttarakhand Purv Sainik Kalyan Nigam Limited v. Northern Coal Field Limited, 2019 SCC OnLine SC 1518 Supreme Court of India, 2-judge bench, Ajay Rastogi and Indu Malhotra, JJ., decided on 26 November 2019 The petitioner invoked arbitration in September 2016 and later applied to the Madhya Pradesh High Court for appointment
Continue readingAppointment of arbitrator under section 11—when not excluded by MSMED Act (Bombay High Court)
Porwal Sales v. Flame Control Industries, 2019 SCC OnLine Bom 1628 High Court of Bombay; single-judge bench; G. S. Kulkarni J.; decided on 14 August 2019 The petitioner Porwal Sales had to recover twelve lakhs from the respondent, an enterprise under the Micro, Small and Medium Enterprises Development Act, 2006
Continue readingExistence, form of arbitration agreement; Joinder of non-signatory (Supreme Court)
Mahanagar Telephone Nagam Limited v. Canara Bank and others, 2019 SCC OnLine SC 995 Supreme Court of India; 2-judge bench; Abhay Manohar Sapre & Indu Malhotra JJ.; decided on 08 August 2019 CANFINA was set up as a subsidiary of Canara Bank. The dispute arose from a transaction of
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