Arbitration Law – Single Transaction and Interconnected Agreements – Enforceability of Arbitration Clause – Appellants sought to refer disputes to arbitration, citing a single transaction encompassing a sale agreement with an arbitration clause and subsequent MoU and Allotment Letter – Trial Court dismissed the application, treating the MoU as an independent agreement lacki...
Arbitration Law – Appointment of Arbitrator – Application for Arbitration – Respondent’s fresh petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, filed after withdrawing the first petition, was held time-barred and non-maintainable in the absence of court’s permission for re-filing – NCLT had previously entertained insolvency proceedings...
Arbitration Award - Stay of Execution - Section 36 of the Arbitration Act - The appellant challenged the High Court's order granting a stay of the arbitral award, conditional on furnishing a bank guarantee instead of requiring a deposit of the awarded amount - Held: Under Section 36(3), the Court should prioritize conditions to protect the decree-holder’s rights, generally requiring a de...
Arbitration Agreement Interpretation – Seat vs. Venue Distinction – The Court addressed whether Dubai, designated as the arbitration "venue," also serves as the arbitration's "seat," which would impact jurisdiction for appointing an arbitrator. The petitioner argued for Indian jurisdiction due to non-exclusive language on Dubai courts, substantial business ties ...
Arbitration Clause Interpretation – Scope and Ambit – Arbitration clause in the agreement, covering disputes “arising out of or in relation to the agreement”, was not restricted solely to the validity of the agreement – Court emphasized the need for purposive interpretation to give effect to all expressions in the clause and avoid redundancy – Forum selection cl...
Arbitration – Appointment of Arbitrator – Limitation and Time-barred Claims – Referral Court’s Scope – Petitioner sought appointment of an arbitrator for disputes arising from a Shareholders Agreement after the respondent’s delay in issuing shares and share certificates – Supreme Court examined whether the claims were time-barred for appointment of an arbi...
Arbitration Award – Lack of Jurisdiction – Appeal against arbitral award on the ground that the court at Indore lacked jurisdiction – Parties had agreed that courts at Ahmedabad alone would have jurisdiction – Held, designation of “venue” as Ahmedabad implies exclusive jurisdiction of Ahmedabad courts – Arbitral award set aside for want of jurisdiction [Pa...
Arbitration Clause – Applicability of Arbitration and Conciliation Act, 1996 – Public Premises Act, 1971 – The appellant raised a question whether the Public Premises Act overrides the Arbitration Act – Held: The dispute arises from the lease agreement containing a valid arbitration clause, covering issues of storage charges and lease renewal – The Public Premises Act...
Taxation Law – VAT Assessment – Quashing of Order – The petitioners, comprising two Luxembourgian companies and an Indian company, challenged a VAT assessment order dated 14 March 2022, issued under the Maharashtra Value Added Tax (MVAT) Act, for FY 2013-2014 – The petitioners argued that the assessment was made without serving any show-cause notice or granting an opportuni...
Arbitration – Extension of Arbitrator's Mandate – Dispute regarding compensation for land acquired under the National Highways Act, 1956 – Petitioner challenged the arbitral award from 2018 – Arbitrator's mandate expired due to delay in proceedings without obtaining an extension under Section 29-A of the Arbitration and Conciliation Act, 1996 – High Court note...