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…

Supreme Court of India: Whether the Consumer Disputes are non-arbitrable?

In M/S Emaar Mgf Land Limited vs Aftab Singh Civil Appeal Nos.23512-23513 of 2017 decided on 10 December 2018, the Supreme Court of India dealt with the issue of whether a remedy under the Indian Consumer Protection Act, 1986 (‘CPA’) being a special remedy can be initiated and continued despite there being any arbitration agreement…

Supreme Court of India: Whether an application seeking leave to defend in a summary suit is a ‘first statement on Merits’ under Section 8 of the Indian Arbitration Act?

In Haier Telecom (India) Private Ltd v. Drive India Enterprise Solutions Ltd. SLP (Civil) … Diary No(s). 25631/2018, the Supreme Court of India has issued a notice to answer a very important question of whether an application to leave to defend under Order 37 Rule 3(5) of the Indian Code of Civil Procedure, 1908 (CPC)…

Supreme Court of India: whether reference to arbitration can be refused on the ground of allegations of fraud or it should be granted treating contract between the parties as commercial undertaking “with a sense of business efficacy”

  In a recent case of Ameet Lalchand Shah vs Rishabh Enterprises decided on 3 May, 2018 (Civil Appeal no. 4690 of 2018 (arising out of SLP(C) No.16789 of 2017)), the Supreme Court of India addressed the issue of whether reference of the dispute between the parties to arbitration is to be refused on the…