Search Results Page

Search Results

1 - 10 of 21 (0.28 seconds)
Pvr Limited vs Imperia Wishfield Private Limited on 23 November, 2022 cites

Vidya Drolia vs Durga Trading Corporation on 14 December, 2020

"22. Judged by the aforesaid tests, it is obvious that whether the MoU has been novated by the SHA dated 12- Signature Not Verified Digitally Signed ARB.P. 829/2022 Page 18 of 20 By:PREETI Signing Date:23.11.2022 12:41:28 Neutral Citation Number: 2022/DHC/005052 4-1996 requires a detailed consideration of the clauses of the two agreements, together with the surrounding circumstances in which these agreements were entered into, and a full consideration of the law on the subject. None of this can be done given the limited jurisdiction of a court under Section 11 of the 1996 Act. As has been held in para 148 of Vidya Drolia [Vidya Drolia v. Durga Trading Corpn., (2021) 2 SCC 1 : (2021) 1 SCC (Civ) 549] , detailed arguments on whether an agreement which contains an arbitration clause has or has not been novated cannot possibly be decided in exercise of a limited prima facie review as to whether an arbitration agreement exists between the parties. Also, this case does not fall within the category of cases which ousts arbitration altogether, such as matters which are in rem proceedings or cases which, without doubt, concern minors, lunatics or other persons incompetent to contract. There is nothing vexatious or frivolous in the plea taken by the appellant. On the contrary, a Section 11 court would refer the matter when contentions relating to non-arbitrability are plainly arguable, or when facts are contested. The court cannot, at this stage, enter into a mini trial or elaborate review of the facts and law which would usurp the jurisdiction of the Arbitral Tribunal."
Supreme Court of India Cites 132 - Cited by 615 - S Khanna - Full Document

M/A Psa Mumbai Investments Pte. Limited vs The Board Of Trustees Of The Jawaharlal ... on 11 September, 2018

Ltd. v. Jawaharlal Nehru Port Trust, (2018) 10 SCC 525 : (2019) 1 SCC (Civ) 1] . If an arbitration agreement is not valid or non-existent, the Arbitral Tribunal cannot assume jurisdiction to adjudicate upon the disputes. Appointment of an arbitrator may be refused if the arbitration agreement is not in writing, or the disputes are beyond the scope of the arbitration agreement. Article V(1)(a) of the New York Convention states that recognition and enforcement of an award may be refused if the arbitration agreement "is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made"."
Supreme Court of India Cites 10 - Cited by 35 - R F Nariman - Full Document
1   2 3 Next