Future Retail Limited v. Amazon.Com Investment Holdings LLC and others Court: Delhi High Court| Case number: CS (Comm) 493 of 2020 | Citation: 2020 SCC OnLine Del 1636 |Bench: Mukta Gupta J | Date: 21 December 2020 | Final or interim decision: Interim Appellate proceedings: Appeal filed by Amazon pending
Continue readingThe provisions in the SIAC Rules for emergency arbitration do not violate Indian laws (Delhi High Court)
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Categories: Anti-arbitration injunction | Balance of convenience | Conditions for grant of interim injunction | Control | Emergency arbitration | Emergency Award | Interim injunction | Interim measures | Interim relief | Irreparable loss | Multi-brand retail | Prima facie case | Schedule I | Section 9 CPC | SIAC Rules | Tortious interference | Ubi jus ibi remedium
Part I of the ACA, 1996 applies to statutory arbitrations under Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 except if there is any inconsistency between the two; power to order interim measures not inconsistent, hence powers under Section 17, ACA also available to the statutory Tribunal.
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State of Gujarat and another v. Amber Builders; Civil Appeal No. 8307 of 2019 Supreme Court of India; 2-judge bench, Deepak Gupta and Aniruddha Bose, JJ.; decided on 08 January 2020 Preface Section 2(4) of the Arbitration and Conciliation Act, 1996 (“ACA”) makes Part I of the ACA applicable to
Continue reading Categories: Applicability of part I of Act | Applicability of part I to arbitration | Interim measures | Interim measures ordered by arbitral tribunal | Part I | Statutory arbitrations
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]
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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”)
Continue reading Categories: Action for foreclosure | Arbitrability of disputes | Arbitrable dispute | Arbitration agreement | Decision of coordinate bench | Interim measures | Interim relief | Judicial discipline | Mortgage | Stamp duty | Stamping of arbitration agreement | The Garware principle