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Showing posts with label arbitrability of dispute. Show all posts
Showing posts with label arbitrability of dispute. Show all posts
Sunday, 13 February 2022

๐ˆ๐ฌ ๐š ๐ƒ๐ข๐ฌ๐ฉ๐ฎ๐ญ๐ž ๐๐ž๐ซ๐ญ๐š๐ข๐ง๐ข๐ง๐  ๐ญ๐จ ๐ญ๐ก๐ž ๐„๐ฅ๐ž๐œ๐ญ๐ข๐จ๐ง ๐จ๐Ÿ ๐Ž๐Ÿ๐Ÿ๐ข๐œ๐ž ๐๐ž๐š๐ซ๐ž๐ซ๐ฌ ๐จ๐Ÿ ๐š ๐’๐จ๐œ๐ข๐ž๐ญ๐ฒ ๐€๐ซ๐›๐ข๐ญ๐ซ๐š๐›๐ฅ๐ž?

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  Vidya Drolia's case  referred to supra makes it clear that if the subject matter of the dispute affects third parties rights, it is no...
Sunday, 23 August 2020

Supreme Court lays down tests to determine the arbitrability of dispute if one party alleges fraud

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 In a recent judgment reported as Rashid Raza (supra), this Court referred to Sikri, J.’s judgment in Ayyasamy (supra) and then held: ...
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...

What will be the effect on Arbitrability of dispute if the proceeding is pending before Competition Commission of India?

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 In so far as the judgment of Supreme Court in case of Competition Commission of India v/s. Bharti Airtel Ltd. (supra) relied upon b...
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 ...
Thursday, 9 May 2019

Whether disputes arising out of Transfer of property Act can be referred to arbitration?

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It may be noticed that none of the provisions of the Transfer of Property Act have been noticed by this judgment. In fact, none of the afo...
Sunday, 31 December 2017

Whether it is permissible to raise issue of arbitrability of dispute at subsequent stage before court?

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This Court, in Mcdermott International Inc. v. Burn Standard Co. Ltd. and Ors. MANU/SC/8177/2006 : (2006) 11 SCC 181, has held that the ...