shishir@lawgate.in 91-9667887033 / 9350257033

News

Section 28 : Is Arbitrator is bound to decide as per the terms of the Contract ( Mahanagar Telephone Nigam Limited v. M/s Haryana Telecom Ltd Dt 14.03.2020 )
The Court held that as per Section 28 of the Arbitration Act, 1996 the Arbitrator is bound to decide as per the terms of the Contract. REFER : 
30th Mar 2020
Read More
Section 21 : Can a Notice regarding Disputes & Amount of Dispute be Notice to Arbitration - "YES" ( Badri Singh Vinmay Private Limited v. MMTC Limited )
The Court held that a communication specifically claiming a disputed amount and narrating the background facts as also contemplating legal action in general, as against initiation of arbitration pr
29th Mar 2020
Read More
Section 14 & 15 : Prohibition against the appointment of a sole arbitrator by one would also apply to ongoing arbitration's ( Proddatur Cable TV Digi Services v. Siti Cable Network Limited, Judgment dated January 20, 2020 )
The Court held that the prohibition against the appointment of a sole arbitrator by one of the parties to the agreement as articulated in Perkins Eastman Architects DPC. v. HSCC (India) Limited wou
29th Mar 2020
Read More
Section 11 : Lease Deed document shld be properly stamped ( M/s Dharmaratnakara Rai Bahadur v. M/s Bhaskar Raju & Brothers )
The Court held that when a lease deed or any other instrument is relied upon as containing the arbitration agreement, the Court is required to consider at the outset, whether the document is proper
29th Mar 2020
Read More
Court under Section 9 can secure the entire amount awarded under the Award ( Power Mech Projects Ltd. v. Sepco Electric Power Construction Corporation )
Relying on the recent judgments of the Supreme Court and considering the facts of the case, the Court directed deposit of 100% of the awarded amount with the Registry of the High Court.
29th Mar 2020
Read More
Limitation period for filing of written statement would be applicable for filing of an application under Section 8, SSIPL Vs Vama Apparels India Ltd & Anr ( February 19, 2020 in CS (COMM) 735/2018)
The court held that arbitration clause can be waived by a party under dual circumstances- one by filing a statement of defence or submitting to jurisdiction and secondly, by unduly delaying the fil
29th Mar 2020
Read More
Section 87 Struck down ( No Automatic Stay on AWARD ) : HCC & Ors Vs Union of India & Ors
Arbitration awards that are in favour of the Petitioner company are invariably challenged under Sections 34 and 
28th Mar 2020
Read More