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…

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,…

Indian Supreme Court: Whether reference to arbitration in terms of 1940 Act (in an agreement signed after 1996 Act came into force) was such a fundamental mistake to invalidate the entire arbitration clause such that there could not be any reference to arbitration at all?

In Purushottam s/o Tulsiram Badwaik v. Anil & Ors. (Civil Appeal No.4664 OF 2018(Arising out of SLP (Civil) No.14589 of 2016)) dated 2nd May 2018, the Supreme Court of India, addressed the issue of whether reference to arbitration in terms of Indian Arbitration Act, 1940 (in an agreement signed after the new Indian Arbitration Act,…