Venue of an arbitration could not be ipso facto considered to be its seat and the place could be equated with seat only if it had no condition precedent attached to it

Mini Summary: The Supreme Court of India was called upon to clear the confusion on the issue that whether the arbitration clause ousted the jurisdiction of Indian Courts in the situation wherein the arbitration agreement had failed to specify the ‘seat’ of an arbitration but does specify a ‘venue’- The Supreme Court has held that... Continue Reading →

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Leading of evidence not to be allowed for proceedings under section 34 of the Arbitration and Conciliation Act, 1996

Mini Summary Seat of arbitration vests jurisdiction as well — evidence not allowed to be led in application under section 34 of the Arbitration and Conciliation Act, 1996 — An application for setting aside an arbitral award does not ordinarily require anything beyond the record that was before the Arbitrator. However, if there are matters... Continue Reading →

Non-signatories to an arbitration agreement can be impleaded in the arbitration proceedings based on factual matrix and ‘group of companies’ doctrine

Mini Summary In a recent case Madras High Court was called upon to adjudicate that whether the non signatories to the arbitration agreement can be impleaded in the arbitration proceedings or not—The Court relied on Hon’ble Supreme Court’s ratio in the case of Chloro Controls India Private Limited v. Severn Trent Purification Inc & Others... Continue Reading →

Insolvency cannot be triggered when arbitral award against corporate debtor is under challenge

Mini Summary The Supreme Court while placing its reliance on the earlier judgement of Mobilox Innovations Private Limited v. Kirusa Software Private Limited, has held that an insolvency proceedings under the Insolvency and Bankruptcy Code, 2016, cannot be triggered in respect of an operational debt where an arbitral award has been passed against the operational... Continue Reading →

A prior notice to the other party before filing application to set aside arbitral award under section 34(5) of the Arbitration and Conciliation Act, 1996 is directory in nature

Mini Summary The Hon’ble Supreme Court of India has finally settled the contentious question of whether the prior notice to the other party before the filing of application under section 34(5) of the Arbitration and Conciliation Act, 1996 is mandatory or directory in nature. Different high courts in the country were giving contradictory stands on... Continue Reading →

“Clash of the Titans”

Introduction The hullabaloo behind the Chambers; in the Court Rooms; and in the interiors of the fortress of the Parliament has tempted me to write on the present topic of discussion regarding the conflict between the top notch Judiciary v(is-a- vi) s legislatures of the nation. The issue that has arisen before us is that... Continue Reading →

Validity of designation of a place as a “Seat” with exclusive jurisdiction for arbitration proceedings

Designation of a place as a “Seat” alone for arbitration proceedings without the presence of an exclusive jurisdiction will not be enough to grant that “Seat” with exclusive jurisdiction in absence of the exclusive jurisdiction clause to that effect. Mini Summary A Division Bench of the Hon’ble Delhi High Court had the opportunity to decide... Continue Reading →

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