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Category: Pre-arbitral procedure

An arbitration clause which says disputes “may” be referred to arbitration is not a binding arbitration agreement; the pre-arbitral mechanism of discussion need not be followed when it is clear parties do not intend any settlement (Bombay High Court)

June 22, 2020 Update by Nayanikaa Shukla

Quick Heal v. NCS Computers and another Court: Bombay High Court | Case Number: Arbitration Petition No.43 of 2018| Citation: Not currently available | Judge: SK Kathawalla J | Date: 05 June 2020 | Available at: Website of Bombay High Court https://bombayhighcourt.nic.in A. THE ARBITRATION CLAUSE STATED THAT THE DISPUTE

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Categories: Appointment of arbitrator | Arbitration agreement | Pre-arbitral mechanism | Pre-arbitral procedure | Section 11

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

3 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)

4 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)

4 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)

4 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)

4 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.

4 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)

4 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)

4 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)

6 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)

6 months ago Thursday January 30, 2020

Categories

"But not thereafter" (1)
"First statement on the substance of the dispute" (1)
"Not later than the date of submitting (1)
“Otherwise unable to present his case” (1)
1994 (1)
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non est (1)
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Section 11 (5)
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Section 12 (3)
Section 13 (1)
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Section 15 (3)
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Section 34 (13)
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thing done or to be done (1)
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