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Showing posts with label Arbitration. Show all posts
Showing posts with label Arbitration. Show all posts

Wednesday, December 28, 2011

Breach of policy condition

Even if there is a breach of policy condition, insurance company is liable to satisfy decree at first instance. It can later recover compensation amount from owner and/or driver of offending vehicle.
AIR 2011 Raj 104
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Monday, December 12, 2011

Journalist qualified privilege - not to disclose source

AIR 1987 Bom 339 - Javed Akhtar
68 (1997) DLT 259 - re, the pioneer

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Friday, December 2, 2011

Specific Performance and arbitration

Specific performance can be sought and granted in arbitration. AIR 1999 SC 2102
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Section 8 Arbitration - objection

Opposing an application for interim relief is not a waiver of right to insist on arbitration.

Rashtriya Ispat Nigam v. Verma Transport (2006) 7 SCC 275
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Tuesday, June 21, 2011

CPC and arbitration

Strict provisions of Evidence Act or CPC are not to be followed by arbitrator, but principles of natural justice cannot be over looked at any stage of proceeding. Shunk Corrugators, 2011 (2) BomCR (OS) 19

Thursday, June 9, 2011

Arbitration - section 9 - when exercised

Interim injunction 

Court will not grant injunction where court feels that the grant of injunction would frustrate the object of arbitration. AIR 2011 Mad 110

Sunday, March 13, 2011

Limitation and Arbitration - Section 14

Benefit of Section 14 of the Limitation Act, 1963 is also available in arbitration proceedings. (2011) 1 SCC 117

Friday, February 25, 2011

arbitration, termination of the proceedings

Arbitrator of his own cannot extend time, and the proceedings get terminated automatically. BK Gopakumar v. NFDCL, 2011(1) BOMCR 12

Arbitration Agreement

mere use  of the word "arbitration" in a clause does not make it as arbitration agreement. Discovery Properties & Hotels Pvt Ltd v. CIDCO, 2011(1) BOMCR 343

Thursday, December 16, 2010

Death of Arbitrator

Default appointment mechanism under Section 11 of the 1996 Act should be resorted to if the named arbitrator dies. The clause does not become unworkable. Khorshed E. Nagarwalla v. Daryus Panthkey, 2010 (6) BomCR 462 

Wednesday, December 15, 2010

economic duress and arbitrability

Sirajuddin Kasim v. Paramount Investment, (2010) 8 SCC 557 following Boghara Polyfab (2009) 1 SCC 267.

whether or not agreement was entered into under economic duress is arbitrable dispute.

Monday, November 8, 2010

Implied exclusion of Part I

 Where both the seat of arbitration is abroad and the law governing the contract is foreign, an implied exclusion of Part I can be presumed according to the dicta of the Delhi and Bombay High Court (Max India Ltd. v. General Binding Corporation (2009) 3 Arb LR 162 (DEL) (DB) , DGS Realtors Pvt. Ltd. v. Realogy Corporation MANU/DE/2115/2009 and Frontier Drilling A.S. v. Jagson Internatural Ltd  (2003) 3 Arb. LR 548). The Delhi and Bombay High Courts’ views work on the presumption that where the proper law of contract is foreign and seat is abroad, the proper law of arbitration agreement can reasonably be presumed to be foreign

But see National Aluminium Company Limited v. GERALD Metals 2004(2)ARB LR 382 (AP).


Merely specifying the seat of the arbitration to be foreign without specifying the proper law of contract does not amount to an implied exclusion of Part I. (Bhatia International v. Bulk Trading S.A.: 2002 (4) SCC 105)
Merely specifying the proper law of contract to be foreign without specifying the seat of arbitration or proper law of arbitration does not amount to an implied exclusion of Part I. (Indtel Technical Services Private Ltd. v. W.S. Atkins Rail Ltd.: 2008 (10) SCC 308  and Citation Infowares Ltd. v. Equinox Corporation: 2009 (7) SCC 220


Overall See:  Dozco India P. Ltd. v. Doosan Infracore Co. Ltd.:  MANU/SC/0812/2010 

Monday, November 1, 2010

Section 8 of Arbitration Act, 1996 - waiver of arbitration clause

FCI v. Yadav Engieer & Contractor, (1982) 2 SCC 499: "taking any other steps in the proceeding must be confined to taking steps in the proceedings for resolution of the substantial dispute in the suit..." Appearing at interim stage does not mean waiver of arbitration clause. 


Rashtriya Ispat Nigam Limited v. Verma Transport Co. (2006) 7 SCC 275. 

Sunday, October 17, 2010

Arbitration: Questions which arbitrator must decide, can decide and which court must decide


National Insurance Co. Ltd vs M/S. Boghara Polyfab Pvt. Ltd, 
http://www.indiankanoon.org/doc/1482268/

Limitation and Arbitration


Krishna Mittal v. MCD, MANU/DE/1502/2010.

Rameswara Home & Apartments Pvt Ltd v. Manojlal, 2008(3)CHN349.

Shiv Construction Company v. State of Rajasthan, RLW 2005 (4) Raj 2656, 2005 (4) WLC 234 (arbitrator to decide questions of limitation)

Legal heirs can invoke arbitration clause


Ravi Prakash Goel v. Chandra Prakash Goel, (2008) 13 SCC 667

Arbitration: Arbitrator powers to award interest

http://www.indiankanoon.org/doc/1939558/

Arbitrator has power to award pre-reference, pendente lite and post award interest.

Tuesday, October 12, 2010

Umbrella Clause - Arbitration Clause Incorporation by reference

The Supreme Court accepted the proposition that even where a contract between two parties does not contain a provision for arbitration, an arbitration clause contained in an independent document will be incorporated into the contract between the parties by reference to an independent document in the contract if the reference is such to make thearbitration clause in the independent document a part of the contract. However, based on the facts of the case, it was held that there was no incorporation of the arbitration clause  r because: (i) the parties never intended to incorporate the same into the subcontract; and (ii) the entire arbitration agreement contained in the main contract was tailor-made to meet the requirements of the contract between X and Y, where Z did not have any role. 


MR Engineers and Contractors Pvt Ltd v Som Datt Builders Ltd, (2009) 7 SCC 696








Foreign Law and Part I

Citation Infowares Ltd. v. Equinox Corporation, 2009 (5) UJ 2066 (SC). The Chief Justice of India ruled that unless it is specifically excluded in an agreement between the parties or by implication, the provisions of Part I of the Indian Arbitration Act apply to international commercial arbitrations, even though the contract is governed by foreign law. Part I of the Indian Arbitration Act provides for, among others things, the appointment of arbitrators.