In the case of Cox and Kings Ltd. v. Sap India Pvt. Ltd. & Another, Arbitration Petition (Civil) No. 38 of 2020 dated 06.05.2022, a Single Bench of the Supreme Court examined the ‘Group of Companies’ Doctrine and made key observations regarding the binding of non-signatories to the Arbitration agreement. FACTS Cox and Kings Ltd....
In the case of Evergreen Land Mark Pvt. Ltd. v. John Tinson & Company Pvt. Ltd & Anr., Civil Appeal No. 2783 of 2022 dated 19.04.2022 the Supreme Court held that the Arbitral Tribunal cannot pass an Interim Relief order under Section 17 of the Arbitration and Conciliation Act, 1996 (“the Act”) for the deposit...
In the case of Malvika Rajnikant Mehta & Ors v. JESS Construction, Arbitration Application No. 425 of 2019 dated 28.04.2022, the High Court of Bombay held that the mere nomination of an Arbitrator by the parties does not imply that the parties agreed to the waiver of requirement of notice invoking Arbitration under Section 21...
INTRODUCTION Alternate Dispute Resolution, in the form of Arbitration and Conciliation, has always existed as the preferred mode of commercial dispute resolution within India’s legislative framework. Prior to India’s independence, the Arbitration Act, 1940 and the Arbitration Act (Protocol and Convention) Act, 1937 governed Arbitration proceedings in India. Similarly, foreign Arbitral awards were legitimised and...
The High Court of Delhi, in the case of Jivanlal Joitaram Patel v. National Highways Authority of India, FAO (OS)(COMM)70/2017, decided on 08.03.2022, held that the ‘sum in dispute’ under Fourth Schedule of the Arbitration and Conciliation Act, 1996 (“the Act”) shall include the aggregate value of claims as well as counterclaims. FACTS Jivanlal Joitaram...
In the case of M/s Durga Welding Works v. Chief Engineer, Railway Electrification, Allahabad and Ors., Civil Appeal No. 54 of 2022 dated 04.01.2022, the Supreme Court held that the High Court did not commit any error of law in dismissing an application for the appointment of Arbitrator under Section 11(6) of the Arbitration and...
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