Section 8 - Arbitration, Bar on civil court jurisdiction

2006 7 SCC 275

Participation in interim application does not mean waiver of arbitrability.

Statement on substance of dispute and "written statement".

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

Partnership ceases upon death of partners

CIT v. Seth Govindram Sugar Mills, AIR 1966 SC 24
CIT v. Sherally Meherally & Sons, [1998] 230 ITR 120(Bom)
Mohammad Laiquddin, 2010 (2) SCC 407 
Jagannath Mineral v. State of Orissa (on Manupatra)

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.

Guarantor liability is co extensive

2009 9 SCC 478

Termination of Contract at will : no reason for termination

Classic Motors Ltd v. Maruti Udyog Limited, 1995 II AD (Delhi) 997; 57 (1995) DLT 677

termination without reason is improper

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.