Vidya Drolia Archives

‘Duty of Referral Court in post-award stage to prevent misuse of arbitration’; Delhi HC rejects plea by Jaiprakash Associates for second arbitration in Rs. 360 Crores claim

“Applying the ‘eye of the needle’ test, the Court has no hesitation in observing that the prima facie scrutiny of the facts of the present case, leads to a clear conclusion that there is not even a vestige of doubt that the claim is non-arbitrable.”

Case Briefs High Courts

Dispute relating to infringement of copyright against a particular person is arbitrable: Orissa High Court reiterates

The Court relied on Vidya Drolia v. Durga Trading Corpn., (2019) 20 SCC 406., wherein it was held that a claim for infringement of copyright against a particular person is arbitrable, though in some manner the arbitrator would examine the right to copyright, a right in rem.

Op Eds OP. ED.

Is Space Law Truly Rocket Science?: A Comprehensive and Critical Analysis of the Dispute Resolution Mechanism in Space-Related Disputes – Part 2

by Iram Majid†

Op Eds OP. ED.

Reading the Prima Facie Test into Section 11: Supreme Court in Vidya Drolia

by Hiroo Advani† and Manav Nagpal††
Cite as: 2021 SCC OnLine Blog Exp 40

Case Briefs Supreme Court

“Complex” questions involving novation of contract can’t be decided by Court under Section 11 of the Arbitration and Conciliation Act: Supreme Court

“Detailed arguments on whether an agreement which contains an arbitration clause has or has not been novated cannot possibly be decided in exercise of a limited prima facie review as to whether an arbitration agreement exists between the parties.”

Case Briefs Supreme Court

SC calls for amendment to Sections 11(7) & 37 of the Arbitration and Conciliation Act, 1996 to bring Sections 8 & 11 at par on appealability. Read how Vidya Drolia judgment has led to an anomaly

Supreme Court: In the light of the “prima facie” test laid down last year in Vidya Drolia v. Durga Trading Corporation, (2021) 2