Tag: Arbitration Act
-
Case update: Parekh Plastichem Distributors LLP Vs. Simplex Infrastructure Limited
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 and held that the arbitration clause contained in the purchase orders would govern the parties. Facts Parekh Plastichem Distributors LLP (the Applicant) supplied micro silica…
-
Arbitrability of fraud
Arbitrating in India can involve recalcitrant respondents trying to frustrate the proceedings, and claimants trying to bring claims that would ideally be litigated before courts. Unfortunately, the jurisprudence around whether a claim is arbitrable or not has not followed a consistent pattern yet it can have profound consequences for the parties involved. It therefore becomes…
-
Emergency arbitration in India: a problem of enforcement
Emergency arbitration has been in the spotlight in India recently through Indian low-cost airline Go Airline which is trying to enforce an emergency arbitration award against US engine manufacturer Pratt & Whitney. However, it seems that winning the award is not the end of the battle – the key challenge is enforcing it.
-
Arbitration regimes applicable to small and medium businesses in India
Although the Indian Supreme Court has tackled some of the conflicts around the validity of arbitration clauses for micro, small and medium-sized enterprises, clarity is still required on how such clauses should apply