“Though there are different agreements involving several parties, it is a single commercial project. All the parties can be covered by the Arbitration Clause in the main agreement. The High Court, in our view, erred in not keeping in view the various clauses in all the three agreements which make them an integral part of […]Read more "Section 8 of The Arbitration Act V"
It had been considered, in earlier times, that an Arbitration Clause in a Government Contract providing that an employee of the department will be the Sole Arbitrator is neither void nor unenforceable [Indian Oil Corporation Limited, (2009) 8 SCC 520; Ace Pipeline Contracts (P) Ltd., (2007) 5 SCC 304; M.P. Gupta, (2004) 10 SCC 504]. […]Read more "Departmental Arbitrators"
“The Bill of Lading makes it clear that the ‘Merchant’ expressly agrees to be bound by all the terms, conditions, clauses and exceptions on both sides of The Bill of Lading whether typed, printed or otherwise. The Arbitration Clause is Clause 25, printed and annexed to The Bill of Lading. The Respondent has expressly agreed […]Read more "Section 7(5) of The Arbitration Act III"
“‘Interest’ is defined as “the return or compensation for the use or retention by one person for a sum of money belonging to or owned by any reason to another”. In essence, an Award of Interest compensates a party for its forgone return on investment, or for money withheld without a justifiable cause. The current […]Read more "Section 31(7) of The Arbitration Act III : Award of Interest"
“Section 2(1)(f)(iii) of The Act refers to two different sets of persons: an “association” as distinct and separate from a “body of individuals”. For example, under Section 2(31) of The Income Tax Act, 1961, “person” is defined as including, under sub-clause (v), an association of persons, or body of individuals, whether incorporated or not. It […]Read more "Section 2(1)(f)(iii) of The Arbitration Act"
My Lord, When the Arbitration Agreement specifies the ‘venue’ for holding the Arbitration Sittings by the Arbitrators but does not specify the ‘seat’, then on what basis and by which principle, the parties have to decide the place of ‘seat’ which has a material bearing for determining the applicability of laws of a particular country for […]Read more "Referred to Larger Bench XIII ANSWERED: Venue v. Seat, Arbitration"
Cited: Foreign Cases: Naviera Amazonica Peruana S.A., (1988) (1) Lloyd’s Law Reports 116. Hiscox, (1992) 1 AC 562. McDonnell Douglas Corpn., (1993) 2 Lloyd’s Law Rep. 48. C vs. D, (2007) EWCA Civ 1282 (CA). C vs. D, (2008) 1 Lloyd’s Law Rep 239. Braes of Doune Wind Farm (Scotland) Limited, (2008) EWHC 426 (TCC). […]Read more "Referred to Larger Bench XIII: Venue v. Seat, Arbitration"