Section 11 of the Arbitration Act [“the Act”] confers power upon the High Court or the Supreme Court, as the case may be, to appoint arbitrator(s) on an application moved by the parties. Section 11(12)(a) & (b) clarifies that in cases pertaining to international arbitration, the arbitrator shall be appointed by the Supreme Court and… Continue reading Distinction between Section 11(5) & 11(6) of Arbitration Act
Tag: Supreme Court
‘Cruelty’ as a ground for Divorce
Section 13 of the Hindu Marriage Act, 1955 [“the Act”] postulates various grounds upon which the husband or wife can file a petition before the court seeking dissolution of marriage. The scope of this article is confined to one of the grounds viz. ‘cruelty’ envisaged in Section 13(ia) of the Act which entitles the parties… Continue reading ‘Cruelty’ as a ground for Divorce
Extent of immunity from prosecution enjoyed by the MPs and MLAs
A seven-judge constitution bench of the Supreme Court on 04.03.2024, unanimously ruled that a Member of Parliament [“MP”] and Member of Legislative Assembly [“MLA”] cannot claim immunity under Articles 105 and 194 of the Constitution of India [“the constitution”], from prosecution, on a charge of bribery in connection with a vote or speech made in… Continue reading Extent of immunity from prosecution enjoyed by the MPs and MLAs
The Group of Companies Doctrine
It is a settled principle of Contract law that a third party or a non-signatory to an agreement cannot be held liable for any consequences emanating from a binding contract between/among the signatories to the contract. The aforesaid principle flows from doctrine of privity which means that a contract cannot confer rights or impose liabilities… Continue reading The Group of Companies Doctrine
Seat vs Venue | Arbitration
Two significant judgments of the Hon’ble Supreme Court govern the law in this field of arbitration viz.- i. Bhatia International vs Bulk Trading [“Bhatia”] A three judge bench of the Hon’ble Supreme Court held that the provisions of part 1 of the Arbitration and Conciliation Act [“the Act”] shall also apply to all arbitrations held… Continue reading Seat vs Venue | Arbitration
Scope of Judicial intervention at reference stage | Arbitration
The Arbitration and Conciliation Act, 1940 equipped courts with unbridled powers to supervise the arbitration proceedings inviting the ire of litigants who, in the search of an alternative forum, seeking speedy resolution of their disputes, found themselves in the conundrum of endless judicial interference in the realm of arbitratio