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 →

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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 →

“The Fate of Being Determinable”

ABC (“Purchaser”); and XYZ (“Contractor”). Scope of Project          SUPPLY; INSTALL; TESTING; and COMMISSION Contract terminated for no specific reason Clause –Termination of Contract at Purchaser’s Initiative. "ABC reserves the right to termination the contract either in part or in full due to the reasons other than specified herein. ABC shall in such an event give 15... 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 →

COPARCENARY RIGHTS: TOUCHSTONE OF EQUALITY

According to the Mitakshara School of Hindu Law, entire property of a Hindu joint family is held in collective ownership, by all the coparceners, in a quasi-corporate capacity. The textual authority of the Mitakshara lays down in express terms that the joint family property is held, in trust, for the joint family members, then living... Continue Reading →

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