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Search results: Arbitration and Conciliation Act


Non-signatories of a group are bound to arbitrate

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
The courts have previously applied the doctrine of group companies when they referred non-signatories to an arbitration agreement to arbitrate. The Supreme Court invoked this doctrine again in the case of MTNL v Canara...

Fraud allegation cannot nullify arbitration agreement

In a recent judgment, the Supreme Court held that the mere allegation of simple or plain fraud may not be a ground to nullify the effect of an arbitration agreement between the parties. In the...

Supreme Court holds that company director can nominate arbitrator

The Delhi High Court in a recent judgment held that courts have now consistently proceeded to appoint an independent arbitrator in situations where the arbitration clause is in conflict with the amended Arbitration Act....

Courts must restrict role to determining existence of arbitration agreement

In a recent judgment of M/s Mayavati Trading Pvt Ltd v Pradyuat Deb Burman, a three-judge bench of the Supreme Court overruled the judgment in United India Insurance Company v Antique Art Exports Private...
Supreme Court

Equal treatment of all parties to legislation

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
To enhance the attraction of arbitration, the Supreme Court ruled in Pam Developments Pvt Ltd v State of West Bengal that the government, as a party to arbitration, is not entitled to special or...
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Mixed fortunes

Differing real estate trends emblematic of India? A recent bidding war for an office building in the heart of Mumbai’s business district, the Bandra Kurla Complex, that had earlier drawn lukewarm interest, points to the...

Pressing issue

As the government pushes through with the International arbitration act, Experts believe ‘under-regulation’ is key to making India a global dispute resolution hub. M Rochan reports The government aims to put India on the global...

Ineligibility of an arbitrator fatal, unless waived

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
Section 12(5) of the Arbitration and Conciliation Act, 1996 (act), prescribes that a person whose relationship with the parties or the counsel or the subject matter of dispute falls under any of the categories...
Only court in specified venue can appoint arbitrator

Only court in specified venue can appoint arbitrator

In its judgment in Brahmani River Pellets v Kamachi Industries, the Supreme Court held that when the parties agree to have the venue of arbitration at a particular place, only the high court with...
Supreme court declines to apply group of companies doctrine in arbitration

Supreme Court declines to apply group of companies doctrine in arbitration

The Supreme Court, in the recent judgment of Reckitt Benckiser (India) Ltd v Reynders Label Printing India Ltd, refused to invoke the group of companies doctrine (which bind non-signatory affiliates) to implead a foreign...
Supreme Court

Unstamped agreements cannot trigger arbitration

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
Can an arbitration stipulation in an unstamped or unregistered agreement be enforced? The Supreme Court had settled this issue in the SMS Tea Estates (2011) case. It held that an arbitration stipulation is not...

Effectiveness of arbitration in financing document disputes

By Nishtha Arora and Sounak Chakraborty, SNG & Partners
Globally, litigation and arbitration are the most commonly used methods for resolving commercial and transactional disputes. However, in India, in case of a dispute arising from financing transactions, the most preferred mechanism opted by...
ineligible person cannot appoint arbitrator

Ineligible person cannot appoint arbitrator

In a recent judgment in the Bharat Broadband Network Ltd. (BBNL) v United Telecoms Ltd case, the Supreme Court held that the appointment of an arbitrator by a person ineligible to be an arbitrator...

Pre-deposit clauses to invoke arbitration struck down

In a recent judgment in ICOMM Tele Ltd v Punjab State Water Supply and Sewerage Board and Anr, the Supreme Court struck down a clause requiring a pre-deposit to invoke arbitration proceedings between the...

Court says consumers not obliged to seek arbitration

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
Section 8 of the Arbitration and Conciliation Act, 1996 (act), requires judicial authorities to refer parties to arbitration. The Supreme Court in the P Anand Gajapathi Raju (2000) and Sukanya Holdings (2003) cases prescribed...

Are tenancy-related disputes arbitrable?

By Gerald Manoharan and Vishnu Vinayak, J. Sagar Associates
The Transfer of Property Act, 1882 (act), provided a general legislation regarding the transfer of immovable properties and interests. Subsequently, with the view of specifically regulating tenancy relationships, primarily to control inflated rentals and...
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Putting out fires

‘Come not between the dragon and his wrath’ These words of Shakespeare’s King Lear have resonated across the ages and surely must be heeded in this age of Twitter, Instagram, and Glassdoor. A disgruntled and...

Arbitrator can be dismissed for overcharging

Rajasthan High Court, while deciding a writ petition, recently held that an arbitrator charging exorbitant fees can have their mandate terminated if they create a doubt in the mind of a party regarding prejudice...

Tribunal rules against NTPC in shipping dispute

In a recent judgment, an arbitral tribunal constituted of Justice Vikramajit Sen (retired), Justice B P Singh (retired) and Justice Anil Kumar (retired) passed an arbitration award on 27 January 2019 in favour of...

Former employee able to act as arbitrator

The Supreme Court recently held that the Arbitration and Conciliation Act, 1996, does not disqualify a former employee from acting as an arbitrator provided there are no doubts about his independence and impartiality. The...