Arbitration Agreement

Supreme Court settles arbitration involving stockbroker, husband, and wife, clarifying jurisdiction and liability: AC Chokshi Share Broker vs. Jatin Pratap Desai (2025) INSC 174 (10 February 2025)

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Bombay Stock Exchange Bye-Laws, 1957, Bombay Stock Exchange Bye-Laws, 1957 with Bye-law 248(a), Judges, Pamidighantam Sri Narasimha, Sandeep Mehta

Date of the Judgment: 10 February 2025 Citation: 2025 INSC 174 Judges: Pamidighantam Sri Narasimha, J., Sandeep Mehta, J. When a stockbroker initiates arbitration to recover losses from a client’s account, can the client’s spouse be held jointly liable for the debt? The Supreme Court of India addressed this question in a recent case involving […]

Supreme Court settles arbitration involving stockbroker, husband, and wife, clarifying jurisdiction and liability: AC Chokshi Share Broker vs. Jatin Pratap Desai (2025) INSC 174 (10 February 2025) Read Post »

Supreme Court clarifies the scope of Section 11(6) of the Arbitration Act in a Family Dispute: Ajay Madhusudan Patel & Ors. vs. Jyotrindra S. Patel & Ors. (20 September 2024)

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 7

Supreme Court clarifies the scope of Section 11(6) of the Arbitration Act in a Family Dispute: Ajay Madhusudan Patel & Ors. vs. Jyotrindra S. Patel & Ors. (20 September 2024) LEGAL ISSUE: Scope of jurisdiction of the referral court under Section 11(6) of the Arbitration and Conciliation Act, 1996, and whether a non-signatory can be

Supreme Court clarifies the scope of Section 11(6) of the Arbitration Act in a Family Dispute: Ajay Madhusudan Patel & Ors. vs. Jyotrindra S. Patel & Ors. (20 September 2024) Read Post »

Supreme Court Sets Aside High Court Order on Arbitration in Land Dispute: State of Madhya Pradesh vs. Satish Jain (2024) INSC 315

/ Arbitration Agreement, Arbitration Award, Arbitration Law, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VI Rule 17, Code of Civil Procedure, 1908 with Order VII Rule 11, Code of Civil Procedure, 1908 with Section 89

Supreme Court Sets Aside High Court Order on Arbitration in Land Dispute: State of Madhya Pradesh vs. Satish Jain (2024) INSC 315 LEGAL ISSUE: Whether an arbitration award based on an agreement that relies on an ex-parte decree can be enforced after the ex-parte decree is set aside. CASE TYPE: Civil Case Name: State of

Supreme Court Sets Aside High Court Order on Arbitration in Land Dispute: State of Madhya Pradesh vs. Satish Jain (2024) INSC 315 Read Post »

Supreme Court clarifies arbitration clause incorporation in contract law: NBCC vs Zillion Infraprojects (2024)

/ Arbitration Agreement, Arbitration Law, Arbitration Law with Section 7(5), Breach of contract, Contract Law, Contract Law with Dispute Resolution, Contract Law with Letter of Intent (LOI), Incorporation by reference

Supreme Court clarifies arbitration clause incorporation in contract law: NBCC vs Zillion Infraprojects (2024) LEGAL ISSUE: Whether a general reference to another contract incorporates the arbitration clause from the referenced contract into the main contract. CASE TYPE: Arbitration Law Case Name: NBCC (India) Limited vs. Zillion Infraprojects Pvt. Ltd. Judgment Date: 19 March 2024 Date

Supreme Court clarifies arbitration clause incorporation in contract law: NBCC vs Zillion Infraprojects (2024) Read Post »

Supreme Court Upholds Arbitration Clause: Sushma Shivkumar Daga & Anr. vs. Madhurkumar Ramkrishnaji Bajaj & Ors. (2023)

/ Arbitration Agreement, Arbitration Law, Arbitration Law with Section 8, Contract Law, Contract Law with Conveyance Deed, Development Agreements, Judicial Intervention, Tripartite Agreements

Supreme Court Upholds Arbitration in Property Dispute: Sushma Daga vs. Madhurkumar Bajaj (2023) LEGAL ISSUE: Whether a dispute arising from a conveyance deed and development agreements, which are based on prior agreements containing an arbitration clause, can be referred to arbitration, even if the subsequent documents lack such a clause. CASE TYPE: Civil, Arbitration Case

Supreme Court Upholds Arbitration Clause: Sushma Shivkumar Daga & Anr. vs. Madhurkumar Ramkrishnaji Bajaj & Ors. (2023) Read Post »

Group of Companies Doctrine: Supreme Court Defines Scope in Arbitration Cases (2023)

/ Arbitration Act, 1996 with Section 8, Arbitration Agreement, Arbitration Law, Contract Law, Group of Companies Doctrine, Indian Contract Act, 1872 with Contract Principles, Privity of Contract

Supreme Court Clarifies Group of Companies Doctrine in Arbitration Law Date of the Judgment: December 06, 2023 The Supreme Court of India, in a landmark judgment, has clarified the applicability of the “Group of Companies” doctrine in arbitration law. This ruling addresses a critical question: Can a company that hasn’t signed an arbitration agreement be

Group of Companies Doctrine: Supreme Court Defines Scope in Arbitration Cases (2023) Read Post »

Supreme Court Invalidates Pre-Deposit Clause in Arbitration: Lombardi Engineering vs. Uttarakhand Jal Vidyut Nigam (2023) INSC 976

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 2(f), Constitutional Law, Constitutional Law with Article 14, Fundamental Rights

Supreme Court Invalidates Pre-Deposit Clause in Arbitration: Lombardi Engineering vs. Uttarakhand Jal Vidyut Nigam (2023) INSC 976 LEGAL ISSUE: Whether a pre-deposit clause in an arbitration agreement is valid and enforceable under the Arbitration and Conciliation Act, 1996 and the Constitution of India. CASE TYPE: Arbitration Law Case Name: Lombardi Engineering Limited vs. Uttarakhand Jal

Supreme Court Invalidates Pre-Deposit Clause in Arbitration: Lombardi Engineering vs. Uttarakhand Jal Vidyut Nigam (2023) INSC 976 Read Post »

Supreme Court clarifies the definition of an ‘Arbitration Agreement’ in contract disputes: Solaris Chem Tech Industries Ltd vs. Karnataka Urban Water Supply Board (2023)

/ Arbitration Agreement, Arbitration Law, Arbitration Law with Section 7, Contract Law, Contractual Agreements, Dispute Resolution, Impartiality of Arbitrator, Karnataka Urban Water Supply and Drainage Board Act, 1973, Water Supply Agreements

Supreme Court Clarifies Arbitration Agreements: Solaris Chem Tech Industries Ltd vs. Karnataka Urban Water Supply Board (2023) LEGAL ISSUE: Whether a clause providing for dispute resolution by a departmental authority constitutes a valid arbitration agreement. CASE TYPE: Contractual Dispute, Arbitration Law Case Name: Solaris Chem Tech Industries Ltd vs. Assistant Executive Engineer Karnataka Urban Water

Supreme Court clarifies the definition of an ‘Arbitration Agreement’ in contract disputes: Solaris Chem Tech Industries Ltd vs. Karnataka Urban Water Supply Board (2023) Read Post »

Supreme Court Clarifies Pre-Referral Jurisdiction on Arbitration Agreements: Magic Eye Developers vs. Green Edge Infrastructure (2023)

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), C.T. Ravikumar, Judges, M.R. Shah, Pre-Referral Jurisdiction

Supreme Court Clarifies Pre-Referral Jurisdiction on Arbitration Agreements: Magic Eye Developers vs. Green Edge Infrastructure (2023) LEGAL ISSUE: Scope of pre-referral jurisdiction of the court under Section 11(6) of the Arbitration and Conciliation Act, 1996 regarding the existence and validity of an arbitration agreement. CASE TYPE: Arbitration Law Case Name: Magic Eye Developers Pvt. Ltd.

Supreme Court Clarifies Pre-Referral Jurisdiction on Arbitration Agreements: Magic Eye Developers vs. Green Edge Infrastructure (2023) Read Post »

Supreme Court Upholds Arbitration in Development Agreement Dispute: Asian Avenues vs. Syed Shoukat Hussain (2023)

/ Abhay S. Oka, Arbitration Agreement, Arbitration Law, Arbitration Law with Section 8, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 11, Judges, Rajesh Bindal, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 31

Supreme Court Upholds Arbitration in Development Agreement Dispute: Asian Avenues vs. Syed Shoukat Hussain (2023) LEGAL ISSUE: Whether a dispute regarding the cancellation of a development agreement can be referred to arbitration, or if it must be adjudicated by a civil court. CASE TYPE: Arbitration Law Case Name: M/S. Asian Avenues Pvt Ltd. vs. Sri

Supreme Court Upholds Arbitration in Development Agreement Dispute: Asian Avenues vs. Syed Shoukat Hussain (2023) Read Post »

Supreme Court clarifies the enforceability of arbitration agreements in unstamped contracts: N.N. Global Mercantile Private Limited vs. Indo Unique Flame Ltd. & Ors. (25 April 2023)

/ Ajay Rastogi, Aniruddha Bose, Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, C.T. Ravikumar, Hrishikesh Roy, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 2(g), Indian Contract Act, 1872 with Section 2(h), Indian Stamp Act, 1899, Indian Stamp Act, 1899 with Section 35, Judges, K.M. Joseph

Date of the Judgment: 25 April 2023 Citation: INSC 368 of 2023 Judges: K.M. Joseph, J., Aniruddha Bose, J., Ajay Rastogi, J., Hrishikesh Roy, J., and C.T. Ravikumar, J. (Majority opinion by K.M. Joseph, J. with a concurring opinion by C.T. Ravikumar, J. and dissenting opinions by Ajay Rastogi, J. and Hrishikesh Roy, J.) Can

Supreme Court clarifies the enforceability of arbitration agreements in unstamped contracts: N.N. Global Mercantile Private Limited vs. Indo Unique Flame Ltd. & Ors. (25 April 2023) Read Post »

Arbitration Clause Enforced: Supreme Court Resolves Shareholder Dispute in VGP Marine Kingdom Case (2022)

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Contractual Obligations, Corporate Law, Indian Contract Act, 1872, Judges, Krishna Murari, M.R. Shah, National Company Law Tribunal (NCLT), Shareholders Agreement

Supreme Court Orders Arbitration in Shareholder Dispute: VGP Marine Kingdom vs. Kay Ellen Arnold (2022) LEGAL ISSUE: Whether a court can refuse to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, if prior arbitration proceedings or related matters are pending before the National Company Law Tribunal (NCLT). CASE TYPE: Arbitration

Arbitration Clause Enforced: Supreme Court Resolves Shareholder Dispute in VGP Marine Kingdom Case (2022) Read Post »

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