Delhi HC: Proper Recourse Against Arbitral Proceeding Under MSMED Act Is Application u/s 18(3) Of MSMED Act Or u/s 16 Of Arbitration Act
The Delhi High Court division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora held that the proper recourse against proceedings under the MSMED Act is to file an application under Section 18(3) of the MSMED Act or Section 16 of the...
Bombay High Court: Absence Of Specific Prayer For Impleadment Of Non-Signatory Doesn’t Preclude Arbitral Tribunal From Applying GOC
The Bombay High Court held that the arbitral tribunal has the power to decide whether the non-signatory is bound by the Arbitration Agreement and to implead the non-signatory. The Court held that the absence of a specific prayer for the impleadment of a non-signatory...
Delhi HC: Fraud Regarding Internal Management Of Company Doesn’t Go To Root Of Contract, Dispute Is Arbitrable
The Delhi High Court single bench of Justice Jasmeet Singh held that fraud alleging regarding the internal management of the company doesn’t go to the root of the contract. Therefore, the bench held that the dispute concerning the lack of authority to enter into...