Appointment of arbitrator Archives

Allegation of Forgery/Fraud inter partes does not render dispute non-arbitrable; Calcutta High Court appoints sole arbitrator

The Court opined that the mere potential or presence of criminal proceedings deriving from the same circumstances would not exclude the issue from being resolved through arbitration.

Case Briefs High Courts

Delhi High Court dismisses petition under S. 11 Arbitration Act in view of moratorium imposed on parent company

Delhi High Court granted liberty to the petitioner to file a fresh legal action for the same relief once the moratorium is lifted or varied.

Case Briefs High Courts

Delhi High Court clarifies the position of Res Judicata with respect to Section 11 of the Arbitration Act

Delhi High Court was of the view that it would be within its right to dismiss the petition at the threshold if the petition is not maintainable, otherwise an unacceptable position of law would arise where despite a petition being not maintainable due to lack of territorial jurisdiction would need to be entertained.

Case Briefs High Courts

Delhi High Court applies the doctrine of kompetenz-kompetenz to refer the dispute to an Arbitral Tribunal

An arbitration agreement that is embedded within a contract would always be considered as a separate and severable clause, and despite a reference being made by the court the arbitrator is free to decide on their jurisdiction including the existence of the arbitration agreement in accordance with the kompetenz-kompetenz principle

Case Briefs High Courts

Bombay High Court analyses whether ‘referring disputes to a sole arbitrator’ printed at the back of the tax invoice amount to an arbitration clause

Any document in writing exchanged between the parties which provide a record of the agreement and in respect of which there is no denial by the other side, would squarely fall within the ambit of Section 7 of the Arbitration and Conciliation Act, 1996 and would amount to an arbitration clause.

Case Briefs High Courts

‘Arbitration Agreement is a separate agreement distinct from the main contract’; Delhi High Court refers the parties to arbitration under a ‘Non-Binding Term Sheet’

The Court, while exercising powers under Section 11 of the Act, can refuse to refer the parties to arbitration only where “it is manifestly and ex facie certain that the arbitration agreement is nonexistent, invalid or the disputes are non-arbitrable, though the nature and facet of non-arbitrability would, to some extent, determine the level and nature of judicial scrutiny.”

Case Briefs High Courts

Jharkhand High Court | Maintainability of application under S. 11(6), Arbitration and Conciliation Act, 1996 for appointment of substitute arbitrator

Jharkhand High Court: While allowing the application under Section 11(6), Arbitration and Conciliation Act, 1996 (Arbitration Act) for appointment of

Case Briefs High Courts

Delhi High Court| Interpretation of an arbitration clause must be predicated upon a construction of the contract as a whole, and no particular word or phrase should be unduly emphasized to negate the clause of its true meaning

Delhi High Court: In a case filed by Panasonic India Private Limited (petitioner) seeking appointment of an arbitrator to adjudicate disputes which

Case Briefs High Courts

Calcutta High Court | Illegal procedure for appointment of Arbitrator does not render Arbitration agreement illegal in toto; Guiding Principles for Appointment of Arbitrator reiterated

Calcutta High Court: In a petition challenging the appointment of sole Arbitrator by the respondent, Shekhar B. Saraf, J., held

Case Briefs High Courts

Ori HC | It is only when a purchase order is placed that a ‘contract’ would be entered into and only then arbitration clause would become part thereof

Orissa High Court: S. Muralidhar, CJ. dismissed the petition, declined the appointment of arbitrator and left it open to the petitioners to

Case Briefs High Courts

SCC Times

Appointment of arbitrator

Allegation of Forgery/Fraud inter partes does not render dispute non-arbitrable; Calcutta High Court appoints sole arbitrator

Delhi High Court dismisses petition under S. 11 Arbitration Act in view of moratorium imposed on parent company

Delhi High Court clarifies the position of Res Judicata with respect to Section 11 of the Arbitration Act

Delhi High Court applies the doctrine of kompetenz-kompetenz to refer the dispute to an Arbitral Tribunal

Bombay High Court analyses whether ‘referring disputes to a sole arbitrator’ printed at the back of the tax invoice amount to an arbitration clause

‘Arbitration Agreement is a separate agreement distinct from the main contract’; Delhi High Court refers the parties to arbitration under a ‘Non-Binding Term Sheet’

Jharkhand High Court | Maintainability of application under S. 11(6), Arbitration and Conciliation Act, 1996 for appointment of substitute arbitrator

Delhi High Court| Interpretation of an arbitration clause must be predicated upon a construction of the contract as a whole, and no particular word or phrase should be unduly emphasized to negate the clause of its true meaning

Calcutta High Court | Illegal procedure for appointment of Arbitrator does not render Arbitration agreement illegal in toto; Guiding Principles for Appointment of Arbitrator reiterated

Ori HC | It is only when a purchase order is placed that a ‘contract’ would be entered into and only then arbitration clause would become part thereof

Del HC | Can a party unilaterally appoint an Arbitrator of their choice? Read on

SC to decide if Arbitration Clause in the principal contract be imported into subsequent contracts

Court can’t directly appoint arbitrator if parties have not exhausted remedies under Arbitration Agreement

Termination of agreement does not automatically terminate the arbitration clause contained in such agreement

Supreme Court cannot entertain objections as the original court solely because it has appointed the arbitrator

Appointment of arbitrator by Court under S. 11(6) of the Arbitration and Conciliation Act explained