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Showing posts with label S 8 of arbitration Act. Show all posts
Showing posts with label S 8 of arbitration Act. Show all posts
Saturday, 23 July 2022

Would a party forfeit its right to apply U/S 8(1) of the arbitration Act if it fails to apply U/S 8(1) within the time available for filing the written statement?

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   The change in the language of Section 8(1) of the A&C Act is material. Whereas prior to the 2015 Amendment, Sub-section (1) of  Secti...
Sunday, 7 February 2021

When should arbitrator decide the issue of novation of contract?

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Learned counsel for the plaintiff has pointed out that the plaintiff and the defendant at the time of execution of the Lease Deed and the Ma...
Monday, 21 December 2020

Supreme Court: Parameters which the court should follow while referring the dispute to arbitration

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IN THE SUPREME COURT OF INDIA Civil Appeal No. 2402 of 2019,  Decided On: 14.12.2020 Vidya Drolia and Ors.  Vs.  Durga Trading Corporation a...
Thursday, 20 August 2020

Supreme Court: Court can refer Suit for cancellation of the deed on the ground of fraud U/S 31 of the Specific Relief Act to Arbitration

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1) It is submitted that while considering the application u/s 8 of Arbitration and Conciliation Act, 1996, the court has to consider a...
Tuesday, 28 July 2020

Whether the dispute between licensor and licensee will be arbitrable even if the defendant has not filed application U/S 8 of Arbitration Act?

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Objection of learned counsel for the plaintiffs that since no application under Section 8 of the Act has been filed by the defendant, h...
Monday, 16 September 2019

Whether dispute involving simple allegation of fraud are arbitrable?

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 In view of our aforesaid discussions, we are of the opinion that mere allegation of fraud simplicitor may not be a ground to nullify ...
Sunday, 24 February 2019

Whether court refer dispute of interconnected agreements to arbitration if arbitration clause is in principal agreement?

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A non-signatory or third party could be subjected to arbitration without their prior consent, but this would only be in exceptional cases....
Saturday, 24 November 2018

Whether plaintiff can file application for reference of case to arbitration?

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  A perusal of the above provisions would indicate that the application under  Section 8(1)  of the Act is envisaged by the defendant onl...
Sunday, 15 July 2018

When court should not refer dispute to arbitration if defendant takes all objections on merits of case?

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Having thus answered the question in law, let us now see if the affidavit of the Defendant in reply to the summons for judgment amounts to...
Saturday, 26 May 2018

Whether court is barred from passing interlocutory orders if application U/S 8 of Arbitration Act is filed?

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Till pendency of the application under section 8 of the Arbitration Act for supplemental and incidental proceedings including passing o...
Friday, 4 May 2018

Whether Incorrect Reference Regarding Applicability Of Indian Arbitration Act, 1940 Would Render Entire Arbitration Agreement Invalid?

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Viewed thus, the High Court was not right in observing that there could be no arbitration at all in the present case. In situations wher...
Sunday, 25 March 2018

Whether civil court can refer dispute to arbitration if agreement having arbitration clause is terminated by mutual consent?

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In P. Anand Gajapathi Raju and Ors. v. P.V.G. Raju (Dead) and Ors. MANU/SC/0281/2000 : (2000) 4 SCC 539, it was held as under: 5. Th...
Saturday, 3 February 2018

Whether objection of defendants in written statement can be treated as application U/S 8 of Arbitration Act?

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32. In Booz Allen and Hamilton Inc. (supra), the Supreme Court has held as under:- "25. Not only filing of the written stateme...
Sunday, 14 January 2018

Whether tenancy agreement can be referred to arbitration if there is arbitration clause?

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In the light of the foregoing discussion and the authority of the precedents, we hold that both by reason of Section 28 of the Bombay Rents...
Saturday, 25 November 2017

Whether Order refusing to refer a matter to arbitration by National Consumer Commission can challenged only before supreme court?

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 The remedy of appeal was provided in Section 37(1) till 2015 Amendment against orders of a court with reference to the jurisdiction con...
Sunday, 27 August 2017

Whether court can refer dispute to arbitration if copy of arbitration agreement is not filed along with application U/S 8 of arbitration Act?

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There is one another aspect of the matter which is sufficient to uphold the order of the District Judge. Section 8(2) uses the phrase ...
Tuesday, 28 March 2017

Whether defendant can be precluded from resorting to arbitration if he seeks time to file written statement?

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The issue before us for consideration is whether filing of an application for extension of time to file written statement before a judici...