Arbitration Agreements need not be a formal contract. Section 7(4)(b) states that an Arbitration Agreement can be derived from exchange of letters, telex, telegram or other means of communication, including through electronic means. What is required to be ascertained is the intention of the parties to refer their disputes or differences to Arbitration. The intention […]
Read more "Non-Signatories to Arbitration II"“In view of the allegations of fraud levelled that the compromise decree is vitiated by fraud, the parties cannot be referred to Arbitration. Such a plea could be decided only by the Civil Court. Observing that where there are allegations of fraud which are so complicated that it becomes absolutely essential that such complex issues can […]
Read more "Section 8 of The Arbitration Act VII"“Arbitration shall be under Indian Arbitration and Conciliation Law, 1996 and the Venue of Arbitration shall be Bhubaneswar.” “Where the contract specifies the jurisdiction of the Court at a particular place, only such Court will have the jurisdiction to deal with the matter and parties intended to exclude all other Courts. In the present case, […]
Read more "Venue of Arbitration"Sub-Section (3) of Section 36 uses the phrase “have due regard to”. In Pam Developments Pvt. Ltd. v. State of West Bengal, [Civil Appeal No. 5432 of 2019] the phrase has been interpreted to mean that CPC provisions, though to be taken into consideration, are not mandatory. Also see, Shri Sitaram Sugar Company Limited, (1990) […]
Read more "Section 36(3) of The Arbitration Act"“The legal position as to when a Non-Signatory to an Arbitration Agreement can be impleaded and subjected to Arbitration Proceedings is no more res integra. In the case of Chloro Controls India Private Limited, (2013) 1 SCC 641 a Three-Judge Bench of this Court opined that ordinarily, an Arbitration takes place between the persons who […]
Read more "Non-Signatories to Arbitration I"“Section 12(5) is a new provision which relates to the de jure inability of an Arbitrator to act as such. Under this provision, any prior agreement to the contrary is wiped out by the non-obstante clause in Section 12(5) the moment any person whose relationship with the parties or the counsel or the subject matter […]
Read more "Section 12(5) of The Arbitration Act III"“It shall be an essential term of this contract that in order to avoid frivolous claims the party invoking Arbitration shall specify the dispute based on facts and calculations stating the amount claimed under each claim and shall furnish a ‘deposit-at-call’ for ten percent of the amount claimed, on a schedule bank in the name […]
Read more "Arbitrariness in Arbitration Clauses"