Arbitration – Enforcement of Foreign Award – Jurisdiction of the Court – Asset of Debtor
Foreign award dated 24.1.2018 of SIAC arising out of Securities Purchase Agreement dated 19.9.2012 was sought to be enforced in
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Arbitration
Section 8 of AA – If arbitration agreement is brought to the notice of Commercial Court in written statement, it is sufficient compliance and its jurisdiction perishes even in the absence of formal separate application.
Section 8 of the Arbitration Act – Two important questions – whether the respondent has to take objection first prior
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Arbitration – Contractual dispute does not become non-arbitrable because it involves serious fraud.
Arbitral Award – Whether the dispute involving allegations of serious fraud by the claimant renders it as non-arbitrable and Whether
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Section 9 of AA application for interim measures is maintainable even if there is legal deficiency of insufficiently stamped or unstamped Arbitration Agreement
Section 9 of the Arbitration Act – Application for Interim Measures – legal deficiency of insufficiently stamped or unstamped Arbitration
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Arbitration – Legality of condition of pre-deposit for initiation can be considered by the Court in Section 11(6) of AA application
To summarise and to describe the post on the judgment in plain & simple words but in brief – The
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Arbitrator Fees – separately for the claim and separately for each counter claim in the dispute – Notification 31.10.2023 of the Bombay High Court
Notification dated 31.10.2023 – Arbitrator’s fees – Important Amendments to Fees payable to the Arbitrators / Arbitrator Tribunal appointed by
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Section 9 of the AA – Interim Injunction – Interpretation of deed of copyright transfer – whether for remake only or also for sequel
Judgment dated 27.10.2023 of the High Court of Bombay in Arbitration Petition (Lodging) No.18905 of 2023 of Sri Abihshek Pictures
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IRDAI – Arbitration Clause in General Insurance Policies – Amendment by IRDAI Circular dated 27.10.2023
The Circular now provides that all policies issued under the “Retail Lines of Business” shall not have any arbitration clause.
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Arbitration – Section 37 – Issues never canvassed before the Arbitrator and in section 34 petition cannot be raised afresh in appeal
Arbitration – Section 37 – Issues never canvassed before the Arbitrator and in section 34 petition cannot be raised in
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Purchase order and invoice between plaintiff and defendant did not contain arbitration clause. The arbitration clause between the defendant and other companies is not applicable. Section 8 of the AA cannot be invoked.
A.No.5041 of 2022 in C.S. (Comm Div) No.70 of 2022 Order dated 29.9.2023 of the High Court of Madras.
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