Supreme Court of India: Whether The Arbitration Agreement Incorporated In An Unstamped Work Order Is Legally Enforceable And Whether A Fraudulent Invocation Of A Bank Guarantee Is An Arbitrable Dispute?

Consider a situation where a party is granted some work under a work order which in turn obligates such party to furnish a Bank Guarantee for securing the performance of work. However, what will happen in a situation where no work is assigned to such party? Whether such Bank Guarantee can then be encashed even…

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…

Singapore International Commercial Court: Whether A Bad Commercial Deal Resulting Into A Financially Disproportionate Award Can “Shock The Conscience” Of The Court To Set Aside Such An Award?

Consider a situation wherein a party, A entered into 4 Contracts (‘Transaction 1’) with party B for the supply of certain commodity. The payment from B to A for Transaction 1 is not received and yet A entered into another set of 6 contracts (‘Transaction 2’) with B for supply of commodity knowing well that…

Filter(s) Under Section 11(6A) Of The Arbitration Act: Is It ‘Existence’ And ‘Validity’ Both Or Is It Just Confined To ‘Existence’ Of Arbitration Agreement Only?

The Arbitration & Conciliation Amendment Act, 2015 (‘2015 Amendment Act’) brought about a significant change in the process of appointment of arbitrators under Section 11 of the Arbitration & Conciliation Act, 1996 (‘1996 Act’). Out of the others, the relevant changes for the purpose of present issue were as follows: The default power of appointment…

Madras High Court: Is It Mandatory To File Original Arbitration Agreement With An Application Seeking Stay Of Judicial Proceedings In Favor Of Arbitration?

In Alstom T&D India Ltd. v. M/s Texcel International Pvt., Ltd C.M.A.No.3683 of 2019 decided on 31 January 2020, the Madras High Court inter alia addressed the issue of whether the requirement to file the original arbitration agreement or its duly certified copy with an application under Section 8 of the Arbitration & Conciliation Act,…

English Court of Appeal: Governing Law Clauses of Underlying Agreement Do Not Necessarily Cover The Governing Law Of Arbitration Agreement, Exception To Sulamerica Principle

In Sulamerica v Enesa Engelharia [2012] EWCA Civ 638, the English Court of Appeal inter alia held that where the arbitration agreement forms part of the substantive contract an express choice of law to govern that substantive contract is “an important factor to be taken into account” and “likely…to lead to the conclusion that the…

Supreme Court of India: An Arbitration Agreement Entered Into By An Unauthorised Employee Of An Affiliate Will Not Bind Non-Signatory Affiliates Within A Group Of Corporate Entities

In a recent case of Reckitt Benckiser (India) Private Limited v. Reynders Label Printing India Private Limited and Anr decided on 1 July, 2019, the Supreme Court of India while deciding an application to appoint an arbitrator under Sections 11(5), 11(9) and 11(12)(a) of the Arbitration and Conciliation Act, 1996 of India (‘Act‘), inter-alia held that pre-agreement…