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livelaw.in • Law • India
The Bombay High Court ruled that the arbitral tribunal, not the court, should adjudicate substantive objections to the validity of an arbitration agreement under Section 16 of the Arbitration Act.
livelaw.in • Law • India
The Supreme Court of India ruled that not being served a Section 21 notice or included in a Section 11 application doesn't prevent someone from being added to arbitration proceedings if they are party to the arbitration agreement.
livelaw.in • Law • India
The Delhi High Court dismissed a petition due to forum shopping, emphasizing that the dispute should be handled by the appropriate court in Tamil Nadu where the cause of action originated.
livelaw.in • Law • India
The Delhi High Court ruled that Section 11(6) of the Arbitration and Conciliation Act, 1996, cannot grant jurisdiction to courts lacking the authority to hear such applications.
livelaw.in • Law • India
The Jammu and Kashmir and Ladakh High Court clarified that a court's observations during interim relief applications are tentative and don't represent a final opinion on the case's merits.
livelaw.in • Law • India
The Supreme Court of India clarified the application of Section 17 of the Code of Civil Procedure regarding suits involving multiple properties in different jurisdictions.
livelaw.in • Law • India
The Delhi High Court ruled that an arbitration clause specifying a seat of arbitration prevails over an exclusive jurisdiction clause if the latter is expressly made subject to the former.
livelaw.in • Law • India
The Supreme Court clarifies that when a plaint is returned for filing in the correct court, the case must start anew, overruling previous conflicting judgments.