The Supreme Court in the case of VGP Marine Kingdom Pvt Ltd & Anr. v. Kay Ellen Arnold [CIVIL APPEAL NO. 6679 OF 2022 decided on 04.11.2022], held that unless the dispute is prima facie non-arbitrable, the arbitrability of the dispute would be determined by the Arbitrator. FACTS The VGP Marine Private Limited & Another...
The Gujarat High Court in Hemlata Jain w/o Deepak Kumar Jain v. Padmavati Analkumar Mishra w/o Anala Kumar Mishra [ C/ARBI.P/194/2021 decided on 07.10.2022 ] held that the notice issued under Section 21 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “A&C Act”), for invocation of the Arbitration Clause need not...
The Delhi High Court in the of Consolidated Construction Consortium Limited v. South Delhi Municipal Corporation [ARB. P.319/2017 decided on 02.11.2022], held that while constructing a contractual clause, the substance of the agreement shall be considered rather than the nomenclature employed to the clause. FACTS A Concession Agreement (hereinafter referred to as the “Agreement”) was...
The Delhi High Court in Sorin Group Italia SRL v. Neeraj Garg [CS(COMM) 92/2020 & IA 2712/2020(O-XXXIX R-1 &2 of CPC), IA 1795/2021(O-XXXVII R-3(5) of CPC) decided on 28.10.2022 held that the parties can keep certain matters out of the purview of the Arbitration Clause which would be non-arbitrable in nature. FACTS Sorin Group Italia...
The High Court of Karnataka, in the case of Y Harish and Anr. v. Y Satish and Ors., Writ Petition Number 10716 of 2022 decided on 01.07.2022, held that once a party waives off the right to refer the dispute to Arbitration, it cannot be reclaimed by such party at a later stage. FACTS Dispute arose...
The Telangana High Court, in the case of M/s. India Media Services Private Limited v. M/s. SBPL Infrastructure Limited, Civil Revision Petition No. 507 of 2021 dated 09.06.2022, held that only the Court where an application under Section 9 and/or Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”)...
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