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Arbitration Agreements

Supreme Court s seven-judge bench overturns prior ruling in M/s. N.N. Global Mercantile case, holding through a curative petition that arbitration clauses in unstamped or inadequately stamped agreements are now enforceable. A notable shift from the previous stance deeming such agreements unenforceable.

Arbitration and Conciliation Act

Kerala High Court rules: Section 5 of the Limitation Act doesn’t apply to Section 34 applications under the Arbitration Act. Emphasis on strict adherence to the four-month limitation period for challenging arbitral awards. Delhi High Court Rules Email Delivery of Arbitral Awards Valid Under Arbitration Act. Case Title: Mathew P

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The Hon ble Bombay High Court has addressed a significant jurisdictional challenge in arbitration proceedings involving a financial institution. The Court ruled against the contention that as a financial institution under the SARFAESI Act, the petitioner is restricted to proceed only under the SARFAESI Act and barred from invoking arbitration.

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Challenge: Non-executable arbitral awards due to unilateral arbitrator appointments Solution: Institutional Arbitration through Online Dispute Resolution (ODR) Platform The Supreme Court of India dismissed a Special Leave Petition filed against the Delhi High Court’s decision, which upheld a Commercial Court’s refusal to execute an award passed by a unilaterally appointed

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Providing Wrong Address Bars Objection to Arbitration Notice Case Title: Kotak Mahindra Bank Ltd. vs Narendra Kumar PrajapatCourt: Supreme Court of IndiaDate of Judgement: 12.12.2023 In a notable decision, the Hon’ble Delhi High Court addressed a jurisdictional issue involving the appointment of an arbitrator in a dispute arising from a

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Delhi High Court Rules Email Delivery of Arbitral Awards Valid Under Arbitration Act. Case Title: Ministry of Youth Affairs and Sports v. Ernst and Young Pvt Ltd1Court: Delhi High CourtDate of Judgment: 23.08.2023 The Delhi High Court recently passed a judgment that has affirmed that the delivery of arbitral awards

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Delhi High Court Rules Email Delivery of Arbitral Awards Valid Under Arbitration Act.

Case Title: Ministry of Youth Affairs and Sports v. Ernst and Young Pvt Ltd1Court: Delhi High CourtDate of Judgment: 23.08.2023

The Delhi High Court recently passed a judgment that has affirmed that the delivery of arbitral awards via email is valid under the Arbitration Act.

In a recent decision, the Delhi High Court stated that the delivery of a scanned, signed copy of an arbitral award via email falls squarely within the ambit of valid delivery as stipulated under Section 31(5) of the Arbitration and Conciliation Act, 1996.This decision clearly delineates the legal standing of electronic delivery methods in arbitration proceedings.

The court specifically stated that “The law has to keep its pace in tandem with the developing technology. When service by email is an accepted mode of service, then sending scanned signed copy of the award/order of the Arbitral Tribunal to the parties would be a valid delivery as envisaged under Section 31(5) of the Arbitration Act.”