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The Delhi High Court bench of Justice Jasmeet Singh has held that restraining a breaching party through an interim award passed under Section 17 of the Arbitration and Conciliation Act from engaging in certain activities, as per the terms of Shareholders’ Agreement (SHA), to prevent the subject matter of arbitration from being rendered futile, is…
The Supreme Court emphasised that the Courts must follow the mandate of Section 11(6A) of the Arbitration and Conciliation Act, 1996 (A&C Act) and their scrutiny must be confined to the examination of the existence of arbitration agreement. The Court was deciding a batch of various Civil Appeals arising out of the Judgment of the…
Devi Prasad Mishra v. Nayara energy limited Court – Allahabad High Court Citation – Civil Misc. Application No. 2 of 2024 Date – 15.07.2025 The Hon’ble Allahabad High Court has held that if only one place is mentioned in the Agreement, then the “venue” will be considered as the “seat” of Arbitration unless something contrary…
We find that neither of the two decisions have addressed the real issue and cannot be said to be laying down the correct law. The observation in Md. Mohar Ali (supra) stating that an agreement of sale is an unilateral contract is not correct. An unilateral contract refers to a gratuitous promise where only party…
Vedanta Limited v. Gujarat State Petroleum Corporation Ltd. Court – Delhi High Court Citation – ARB.P. 853/2023 & I.A. 20643/2023 Date – 28.07.2025 The Hon’ble Delhi High Court has held that Parties cannot be precluded from Arbitration if there is mere pendency of formal signature by one party and the other party has already signed…
When can an Arbitration Agreement be enforced against a Party which is undergoing Insolvency? – Ananya Pratap Singh 2 Singapore Court of Appeal: When can an Arbitration Agreement be enforced against a Party which is undergoing Insolvency? In Sapura Fabrication Sdn Bhd v GAS [2025] SGCA 13, the Singapore Court of Appeal decided the issue…
Whether Legal Heirs of a Deceased Partner being Non-Signatories to the Partnership Deed can be bound by the Arbitration Agreement – Ananya Pratap Singh 3 Supreme Court of India: Whether Legal Heirs of a Deceased Partner being Non-Signatories to the Partnership Deed can be bound by the Arbitration Agreement In Rahul Verma & Ors. v….
INTRODUCTION The Hon’ble Delhi High Court has recently held in Belvedere Resources DMCC v. OCL Iron and Steel Ltd. & Ors. (O.M.P.(I) (COMM.) 397/2024, CRL.M.A. 9760/2025, I.A. 2377- 78/2025) that WhatsApp or email communications between the parties can constitute a valid arbitration agreement. This highlights a critical and developing theme of arbitration law in India:…
The finding by both the learned Courts below on issue no.3 has been taken up for examination. In this regard, at the outset it must be seen that how far the Agreement for House Rent dated 29.02.2000 (Ext.3, also marked as Ext.D) can be read to determine the quantum of monthly rent for which the…
Necessary Ingredients of an Enforceable Arbitration Agreement – Ananya Pratap Singh 4 Supreme Court of India: Necessary Ingredients of an Enforceable Arbitration Agreement In South Delhi Municipal Corporation of Delhi v. SMS Limited 2025 INSC 693, the Supreme Court of India, while deciding upon the validity of a dispute resolution clause in question, analysed the…
