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The Supreme Court, while restoring an arbitral award passed in 1997 which was set aside by the Trial Court and the High Court under the Indian Arbitration Act, 1940, has emphasised that the court’s jurisdiction under Section 30/33 of the 1940 Act never extended beyond...
NCRDC directed Developer to refund entire amount for failure to complete project alongwith 9% interest p.a.
In the present matter, the Complainant had booked an independent floor in the Developer’s housing project in 2011 and was assured possession delivery within 36 months and an extended grace period of 6 months. This time period ended in November 2015. Therefore, the...
Calcutta HC: An optional remedy to arbitration cannot be held to be a valid arbitration agreement
The Calcutta HC has held that a clause in an agreement that merely provides the option to go for arbitration is not a valid arbitration agreement as the clause makes arbitration a mere possibility, which may unravel at any time. Clause 7 of the agreement provided that...
Scope of Arbitration Clause in a Novated Contract
It has been held that if the parties have not entered into a new agreement (novated contract) and the preceding agreement has been expressly extended through written communication or emails, the arbitration clause in the agreement perpetuates. The appellant filed a...