Dispute Resolution / Arbitration

The theory of separability for arbitration agreements has been developed over time. It has been well recognized in India and other jurisdictions that an arbitration clause in a contract is an agreement independent of the contract executed between the parties. This theory of separability of an arbitration agreement has well elucidated by the Supreme Court of India in the case of M/S Sms Tea Estates P.Ltd v. M/S Chandmari Tea Co. P.Ltd...

In a recent decision, the Supreme Court of India in M/S Shriram EPC Limited vs Rioglass Solar Sa has ruled that it is not necessary for a foreign arbitral award to be stamped. This judgement has put to rest an issue on which various High Courts of India had given differing opinions. ...

The Supreme Court of India in Civil Appeal No. 5370-5371 of 2017, Indus Mobile Distribution Private Limited (”Appellant”) vs Datawind Innovations Private Limited and Ors.(”Respondent”) ruled that when parties to an agreement agree on a ”seat” of arbitration then that court alone will have jurisdiction.”...