Home Highlights May 2013 Year 2013 This

You may also like:

1. Contempt of Court - willful disobedience - The breach of undertaking amounts to contempt as defined under Section 2 (b) of Contempt of Court Act but a remedy is provided...

2. When an arbitration clause is contained “in a contract”, it is significant that the agreement only becomes a contract if it is enforceable by law.

3. Arbitration - The jurisdiction clause of an agreement, the absence of words like “alone”, “only”, “exclusive” or “exclusive jurisdiction” is neither decisive nor does it...

4. Arbitration - Section 16(1)(a) provides that an arbitration clause which forms part of the contract shall be treated as an agreement independent of the other terms of...

5. Exclusive jurisdiction clause for the courts in arbitration agreement - Scope of the agreement - Thus Mumbai courts alone have jurisdiction to the exclusion of all other...

6. Arbitration agreement - Applicability on the party who is not the signatory of the agreement - Scope of Section 9 of the Arbitration and Conciliation Act, 1996 - The...

7. Corporate Insolvency Resolution Process - The presence of an arbitration clause in the share purchase agreement would not cause any impediment with regard to initiation...

8. Decision to write off Additional Tier 1 (AT-1) bonds - Validity of agreement - Scope of Master Circular of RBI - The covenant and the terms in the Information Brochure i....

9. Rejection of applications under Section 8 of the Arbitration and Conciliation Act, 1996 - There being no doubt about non-existence of arbitration agreement in relation...

10. Existence of arbitration agreement between the parties - This Court is of the opinion that merely because the proposal forwarded on behalf of the respondents, by letter...

11. Validity of arbitration award - Implementation Agreement - The interpretation of the relevant clauses of the Implementation Agreement, as arrived at by the learned Sole...

12. Non-Stamping of arbitration agreements - Agreements which are not stamped or are inadequately stamped are inadmissible in evidence under Section 35 of the Stamp Act....

13. Arbitration clause - that if the contract was superseded by another, the arbitration clause, being a component part of the earlier contract, falls with it - But where...

14. Invocation of Arbitration clause - non reference to an arbitration clause in the counter affidavit filed by the Delhi Jal Board does not result in waiver of the...

15. Rejection of application for initiation of CIRP - The mere fact that the Corporate Debtor has admitted liability to make payment in its minutes of meeting does not...