In the context of complex and multi-party transactions, the matter of whether non-signatories can be subject to an arbitration agreement has become increasingly contentious. On December 6, 2023, a constitution bench of five judges in the Supreme Court of India evaluated the validity and application of the “Group of Companies Doctrine” in the context of India.
The Insurance Regulatory and Development Authority of India (IRDAI) released a circular entitled ‘Amendment of Arbitration Clause in General Insurance Policies’ which clarified the issue of arbitrability of insurance disputes by stating that arbitration clauses in insurance policies should only be used for commercial lines of business.
Despite an earlier ruling, upon further review a seven-judge bench of the Supreme Court held that non-payment of stamp duty is a curable defect and unstamped contracts, though inadmissible as evidence, do not invalidate arbitration agreements.
A June 2023 decision by the Singapore Court of Appeals (SGCA) has clarified when a party can claim confidentiality for arbitration hearings and acts as a timely reminder to lawyers to be wary of making comments through social media.
New regulations unveiled on 31 August 2023 provide guidance on arbitrations at the India International Arbitration Centre. The regulations provide for procedures which are aimed at achieving fast, fair and efficient conduct of arbitration.
Decided on 14 September 2023, High Court of Bombay In Parekh Plastichem Distributors v. Simplex Infrastructure, the High Court of Bombay considered conflicting arbitration clauses in purchase orders and invoices …
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The case of Anupam Mittal Vs. People Interactive (India) Pvt. Ltd highlights the significance of the National Company Law Tribunal’s exclusive jurisdiction for claims for oppression and mismanagement and throws light on the Indian Courts’ approach to issues of arbitrability and anti-enforcement injunctions against orders of foreign courts.
In recent years, India has embraced a pro-arbitration approach, making international arbitration the preferred method for resolving disputes between Indian corporations and global entities. Many of these arbitrations lead to …
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When it comes to art disputes, perhaps the most obvious example that comes to the mind is that of copying the work of another person. In fact art can give …
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Parties to an international arbitration can object to the jurisidiction of the seat of arbitration through “preliminary objections”. These can be heard separately before the full matter–a process known as bifurcation– and can result in considerable costs savings to both parties.
