Delhi High Court: Whether A Dispute Under Irrevocable License Of A Property Which Touches Upon The Transfer Of Property Act/Specific Relief Act/Easements Act Is Arbitrable?

Section 8 of the Arbitration & Conciliation Act, 1996 (‘Arbitration Act’) provides mechanism by which a party to a suit can seek stay of court proceedings in favour of arbitration if there exists an arbitration clause in the underlying agreement between the parties. However, the question then arises as to whether the court can go…

Singapore High Court: Anti-Suit Injunction Against Foreign Court Proceedings Initiated As A ‘Protective Net’ To Cure Possible Defects In Commencement Of Arbitration

When parties agree to arbitration, they agree to pursue their disputes in arbitration, and not in court.[1] But can a party (defendant) legitimately trigger and maintain simultaneous court proceedings (‘Court Proceedings’) going against an express arbitration agreement as a fallback mechanism (‘Protective Safety Net’) to be on a safer side against any possible defects in…

Delhi High Court: Appeal Under Commercial Court Act Against An Interlocutory Order Of The Court Emanating From Proceedings For Enforcement Of A Domestic Award

The Arbitration & Conciliation Act, 1996 (‘Arbitration Act’) is an exhaustive self-contained code on matters pertaining to arbitration.[1] The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (‘Commercial Courts Act’) on the other hand is a general statute which also contains general provision vis-à-vis arbitration relating to appeals arising out…

Delhi High Court: Bar Under Section 9(3) Of The Indian Arbitration Act And Its Applicability On The Foreign Seated Arbitration

Section 9(3) of the Arbitration & Conciliation Act, 1996 (‘Indian Arbitration Act’) as inserted via Arbitration & Conciliation (Amended) Act, 2015 inter alia creates a bar on the Court to entertain application seeking interim measures once the arbitral tribunal has been constituted (‘the bar’) except in cases where ‘circumstances exist which may not render the…

Delhi High Court: Whether On Demise Of One Of The Arbitrators, The Statutory Provision That Comes Into Play Is Section 15(2) Or Section 11 Of The Indian Arbitration Act?

The procedure in respect of appointment of arbitrators is prescribed under Section 11 of the Arbitration & Conciliation Act, 1996 (‘Arbitration Act’). For appointment of a substitute arbitrator, Section 14 read with Section 15 attains relevance. Section 14 (1)(a) of the Arbitration Act ordains that, on an arbitrator becoming de jure or de facto unable…

Delhi High Court: Whether A Party Which Has Lost Before An Arbitral Tribunal And Has No Enforceable Claim Under An Award Is Entitled To Seek An Interim Measure Against The Winning Party?

One of the facets of interim measures from the Court under Section 9 of the Arbitration & Conciliation Act, 1996 (‘Arbitration Act’) is the proximate nexus between the orders that are sought by the applicant and the arbitral proceedings. When an interim measure of protection is sought before or during arbitral proceedings, such a measure…

English Court of Appeal: Whether An Application Under Section 1028(3) Of The English Companies Act, 2006 Can Be Stayed Pursuant To Section 9 Of The English Arbitration Act, 1996 On The Ground Of Non-Arbitrability?

Consider a situation where a provision in a statute provides specific powers to the court to grant certain types of reliefs. Will it then be reasonable to infer that such reliefs are outside the realm of arbitrator? This question came up for consideration before the English Court of Appeal in Bridgehouse (Bradford No. 2) Ltd…

Delhi High Court: Whether Mandatory Injunction In The Form Of Specific Performance Of Contract Can Be Granted As An Interim Measure By The Court?

A contract which is determinable in nature cannot be specifically enforced in view of Section 14(1)(c) of the Specific Relief Act, 1963 (‘SRA’). Further, clause (e) of Section 41 of SRA provides that injunction cannot be granted to prevent the breach of contract, the performance of which would not be specifically enforced.[1] On a co-joint…