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Supreme Court clarifies arbitrability of disputes under Construction Management Agreements: DLF Home Developers vs. Rajapura Homes (22 September 2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Breach of contract, Construction Management Agreement, Contract Law, International Commercial Arbitration, Judges, Kompetenz Kompetenz, N.V. Ramana, Share Purchase Agreement, Surya Kant

Supreme Court Clarifies Arbitrability of Disputes Under Construction Management Agreements: DLF Home Developers vs. Rajapura Homes (2021) LEGAL ISSUE: Whether disputes arising from Construction Management Agreements can be referred to arbitration under the arbitration clause of the Construction Management Agreements, or whether they fall under the ambit of the Share Purchase Agreements. CASE TYPE: Arbitration […]

Supreme Court clarifies arbitrability of disputes under Construction Management Agreements: DLF Home Developers vs. Rajapura Homes (22 September 2021) Read Post »

Arbitration Clause Survives: Supreme Court Rules on Validity of Arbitration Agreements When Main Contract is Void in Real Estate Dispute (May 10, 2013)

/ Altamas Kabir, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 16, Contract Law, Independent Agreement, Judges, Kompetenz Kompetenz, Surinder Singh Nijjar, Void Contract

Date of the Judgment: May 10, 2013 Judges: Altamas Kabir, CJI and Surinder Singh Nijjar, J. Citation: (2013) INSC 341 Can an arbitration agreement remain valid even if the main contract containing it is declared void? The Supreme Court of India addressed this crucial question in a case involving a real estate development project. The

Arbitration Clause Survives: Supreme Court Rules on Validity of Arbitration Agreements When Main Contract is Void in Real Estate Dispute (May 10, 2013) Read Post »

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