Arbitration Law

Arbitration Law Supreme Court Judgement

Fraud simpliciter is not enough to vitiate arbitration agreements
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Asmita Kuvalekar | Government Law College, Mumbai | 12th April 2020.  RASHID RAZA V SADAF AKHTAR (CIVIL APPEAL NO 7005 OF 2019 ARISING OUT OF SLP (C) NO 4061 OF 2019) …

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Arbitration Law Supreme Court Judgement

The seat of the arbitration is akin to a jurisdiction clause
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Daniyal Qureshi | Symbiosis Law School Pune | 8th April 2020 Mankastu Impex Private Limited v. Airvisual Limited The Supreme Court of India MANU/SC/0283/2020 Facts  The petitioner herein entered into an…

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Arbitration Law High Court Judgement

In cases of Appeal the order passed in present petitions would be subject to any order passed by the subordinate court
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Yugashree | School of Law Sastra University, Thanjavur | 6th April 2020 SOWIL LIMITED vs. INDIAN HIGHWAYS MANAGEMENT COMPANY LIMITED Facts: The applicant was granted a Work Order by the…

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Arbitration Law Civil Law Supreme Court Judgement

An Incorrect Reference to the 1940 Act does not vitiate the Arbitration Agreement
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Asmita Kuvalekar | Government Law College, Mumbai | 21st March 2020.  PURUSHOTTAM s/o TULSIRAM BADWAIK V ANIL AND ORS (CIVIL APPEAL NO. 4664 OF 2018 ARISING OUT OF SPECIAL LEAVE PETITION…

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Arbitration Law Supreme Court Judgement

Bar of Limitation shall be determined by the Arbitral Tribunal
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Asmita Kuvalekar | Government Law College, Mumbai | 13th March 2020.  M/s. UTTARAKHAND PURV SAINIK KALYAN NIGAM LIMITED V NORTHERN COAL FIELD LIMITED (SPECIAL LEAVE PETITION (C) NO. 11476 OF 2018) …

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Arbitration Law Supreme Court Judgement

To hold that an order passed by a Court lacking jurisdiction is a nullity and is non-est order and where a Court lacked inherent jurisdiction parties cannot confer jurisdiction by consent.
Ravi Shukre
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Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 25th February 2020  Case: Antikeros Shipping Corporation having its office at 80, Broad Street, Monrovia Liberia, C/o Eletson Corporation, 118 Koloktroni,…

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460 259 Ravi Shukre
Arbitration Law High Court Judgement

An award cannot be sustained on the ground that it doesn’t disclose reasons for its decision
Hshits1997
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Harshit Sharma | Amity Law School, Madhya Pradesh | 23rd January 2020 State of West Bengal V/s. Bharat Vanijya Eastern Private LimitedAPO No. 349 of 2017 FACTS OF THE CASE…

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400 225 Hshits1997
Arbitration Law Supreme Court Judgement

Judge shall invariable ask the parties if they can resolve the dispute by themselves before the trial
Ravi Shukre
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Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 27th January 2020 Salem Advocates Bar Association, Tamil Nadu v. Union of India (AIR 2003 SC 189) Facts of the Case: …

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560 315 Ravi Shukre
Arbitration Law

Power to grant interim relief is vested with the Arbitration Tribunal
Hshits1997
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Harshit Sharma | Amity Law School, Madhya Pradesh | 11th January 2020 State of Gujarat V/s. Amber Builders Civil Appeal No. 8307/2019 FACTS OF THE CASE The respondent contractor was…

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560 315 Hshits1997
Arbitration Law Supreme Court Judgement

Venue of Arbitration shall be the juridical seat of arbitration where contrary intention between the parties is absent
Hshits1997
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Harshit Sharma | Amity Law School, Madhya Pradesh | 6th January 2020 BGS SGS SOMA JV V/s. NHPC Ltd. CIVIL APPEAL NO. 9307 OF 2019 FACTS OF THE CASE The Petitioner…

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560 315 Hshits1997
Arbitration Law

Amicably settled matters must provide terms of compromise/memo of allotment of shares to the concerned parties
Ravi Shukre
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Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 6th January 2020 Case: Digambar & Anr. V. Kachru Dead Thr. Lrs. & Ors. (CIVIL APPEAL NO. 4382 of 2014)  Facts of…

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560 315 Ravi Shukre
Arbitration Law Supreme Court Judgement

In certain circumstances, law may permit denial of right of hearing, but, in order to deny that it should have a legal basis.
Ravi Shukre
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Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 9th January 2020 Rudramuni Devaru V. Shrimad Maharaj Niranjan (AIR 2005 KANT 313) Facts of the Case: A well-known Veerashaiva Math…

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560 315 Ravi Shukre
Arbitration Law High Court Judgement

Failure of a party to an Arbitration proceeding to disclose the factum of sanction of a scheme under Section 230 of the Companies Act, 2013 would not result in termination of the proceedings: Delhi HC
Hshits1997
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Harshit Sharma | Amity Law School, Madhya Pradesh | 1st January 2020 Jindal Stainless Limited V/s. Moorgate Industries Private Limited., OMP (I) (COMM.) 333/2016 FACTS OF THE CASE In April…

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400 225 Hshits1997
Arbitration Law Contemporary Legal Issue

Arbitration in India: A study of issues and challenges
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Charu Singhal | Bharati Vidyapeeth University | 26th October 2019 Introduction The economic reforms of the year 1991 changed the trade climate all over the country by opening gates to…

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