10 Important Arbitration Judgments of 2023
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2023 SCC OnLine Blog Exp 89
Arbitration Act
Bombay High Court | One Partner cannot refer a dispute to arbitration in the absence of the other Partners joining
The objection raised was on the ground that, although the applicants and respondent 2 formed a partnership to enter into the investment agreement with respondent 1, the notice invoking arbitration was issued only on behalf of the applicants and that respondent 2, despite being a partner, did not join in issuing the invocation notice.
7-Judge Bench Verdict | Supreme Court Judgment on validity of Unstamped Arbitration Agreement
“The concept of separability or severability of an arbitration agreement from the underlying contract is a legal fiction which acknowledges the separate nature of an arbitration agreement. The separate nature of the arbitration agreement from the underlying contract is one of the cornerstones of arbitration law”
Anti-Arbitral Injunctions: Defeating Party Autonomy or Preventing Abuse of Arbitral Process?
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2023 SCC OnLine Blog Exp 83
Bombay High Court denies appointment of arbitrator for dispute against MSME
Bombay High Court held the instant applications under Section 11 of Arbitration Act as non-maintainable and dismissed the said applications.
Bombay High Court restrains enforcing anti-suit permanent injunction order passed by Singapore High Court; Applied three-pronged test
At this juncture, examining whether the petition filed before the NCLT can be said to be a ‘dressed-up’ petition, would necessarily require a detailed exercise to be carried out by this Court to render findings either way clearly impinging upon the exclusive jurisdiction of the NCLT in deciding such a question.
HIGH COURT JULY 2023 ROUNDUP| Stories on Senthil Balaji; Adipurush Controversy; compassionate appointment in Government Jobs; S. 34 Arbitration Act and More
A quick legal roundup to cover important stories from all High Courts in July 2023.
HIGH COURTS JULY 2023 WEEKLY ROUNDUP| Stories on Rights of HIV Patients; 2002 Godhra Riots; WB Teachers’ Recruitment Scam and many more| SCC Blog
A quick legal roundup to cover important stories from all High Courts this week.
The Role of Equity in Decision-Making by Arbitrators
by Puneeth Ganapathy*
Decoding Arbitrability and Determining the Boundaries of Arbitration in Indian Jurisprudence
by Vasanth Rajasekaran†
Cite as: 2023 SCC OnLine Blog Exp 57
Explained| Existence & Validity of Arbitration Agreement: Scope of Referral Court’s jurisdiction at the Pre-referral stage
In the case at hand, the Delhi High Court had referred the disputes for arbitration without conclusively deciding the issue of the existence and validity of an arbitration agreement and had left it to be decided by the arbitral tribunal.
The Conundrum Surrounding the Unilateral Appointment of Arbitrators and its Implications on the Enforceability of Arbitral Awards – An Analysis
by Vasanth Rajasekaran†
Cite as: 2023 SCC OnLine Blog Exp 50
All’s (Not) Well that Ends Well: The Challenge in Enforcing Domestic Awards before Indian Courts
by Ila Kapoor† and Mrinali Komandur††
Cite as: 2023 SCC OnLine Blog Exp 42
N.N. Global Dictum: Has the Stamping Issue’s Resolution Opened a Pandora Box?
by Vasanth Rajasekaran †
Cite as: 2023 SCC OnLine Blog Exp 38
Supreme Court 5-Judge Bench considers the existence of Doctrine of Group of Companies in Indian jurisprudence vis-à-vis Arbitration Act
Group of Companies Doctrine- an Arbitration Agreement entered into by a Company within a group of Companies can bind its non-signatory affiliates, if the circumstances demonstrate that the mutual intention of parties was to bind signatory as well as the non-signatory parties.
Delhi High Court denies relief for specific performance of collaboration agreement in view of the bar under Section 14 (d) Specific Relief Act, 1963
The Collaboration Agreement is a commercial transaction between the private parties and hence the same by its very nature is determinable, even if there is termination clause in the Collaboration Agreement
Non-signatory parties can be subjected to arbitration in accordance with Doctrine of Group of Companies: Delhi High Court
Delhi High Court held that non-signatory or third party could be subjected to arbitration proceedings without their prior consent. It was necessary to examine the touchstone of direct relationship of signatory parties to the arbitration agreement, forming part of a composite transaction.
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.
2023 SCC Vol. 2 Part 3
Arbitration and Conciliation Act, 1996 — Ss. 11, 8 and 16 — Arbitrability — Accord and Satisfaction — Plea of claims being
Why Delhi High Court upheld the award of damages passed by Single Judge on account of mental agony and harassment in the case of a commercial contract?
All that the respondent wished for was a better roof over the head of his family. It was for this objective that the collaboration agreement was devised, but the appellant subjected the respondent to undue harassment on account of his illegal designs which led to the registration of the FIR, and the respondent had to run from pillar to post due to the direct acts of the appellant. Such circumstances do warrant awarding of damages on account of mental agony and harassment.