"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Tuesday, September 6, 2011

Monthly Round of Indian Cases on Arbitration (August 2011)

Liability to bear labour cess under Building and other Construction Workers Welfare Act, 1996, Error of law as a ground for setting aside an arbitral award

Dispute under Partnership Deed, Appointment of arbitrator under Section 11, Appeal by Special Leave against an Order under Section 11, Validity of the arbitration agreement

Petition under Section 34, Violation of Natural Justice

Ambit of Authority under Section 11, Power of the Chief Justice/ Designate to decide on the validity of the arbitration agreement

Agreement to Sell, Return of Earnest Money, Validity of an unregistered arbitral award creating a right in immovable property, Fraud under the Contract Act, leading evidence contrary to the pleadings, Sham arbitration

[We would be doing a series of posts on this case. See this post, which is the first of the series]

Section 11- appointment of arbitrator, Arbitrability of a dispute on eviction from immovable property, Power of the Arbitrator to decide Non-contractual Arbitrability questions

Court with Appropriate Jurisdiction

Setting Aside Arbitral Award, Award without any Evidence

Telenor Asia PTE Ltd. vs Unitech Limited (24.08.2011 P & H High Court) MANU/PH/2279/2011

Disputes under Shareholders Agreement, Hierarchy of Funding, Rights Issue, Interim measures, Doctrine of Indoor Management,

Objections against Arbitral Award, Arbitration Act, 1940, Refund of Security Deposit, Escalation, Deduction of TDS

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