Lifeforce Cryobank Sciences Inc Vs Cryoviva Biotech Pvt. Ltd. & Ors
.... e have heard learned counsel for the parties. 7. At the stage of considering an application for appointment of an arbitrator the Court is required to examine whether there exists an arbitration agreement between the parties. The existence of an arbitration agreement is not an issue. The iss ...
Supreme Court Of India
Weatherford Oil Tool Middle East Limited Vs Baker Hughes Singapore Pte
.... he basis of the doctrine of separability, the arbitration agreement being a separate and distinct agreement from the underlying commercial contract, would survive independent of the substantive contract. The arbitration agreement would not be rendered invalid, unenforceable or non-existent, even ...
Supreme Court Of India
Oil And Natural Gas Corporation Ltd. Vs Afcons Gunanusa JV
.... m. 5. In cases where the arbitrator(s) are appointed by the Court, the order of the Court should expressly stipulate the fee that arbitral tribunal would be entitled to charge. However, where the Court leaves this determination to the arbitral tribunal in its appointment order, the arbitral ...
Supreme Court Of India
DLF Home Developers Limited Vs Rajapura Homes Private Limited & Anr.
.... 1. With a view to analyse and answer the afore-stated question, it is essential to understand the nature of the two sets of agreements executed between the parties from time to time and the subsequent amendments thereof. 22. The first set of agreements comprises of two Share Purchase Agreem ...
Supreme Court Of India
Kla Const Technologies Pvt. Ltd Vs Embassy Of Islamic Republic Of Afghanistan
.... bitration proceedings hardly needs to be emphasised. It would be of some interest to note that in England also, Modern Arbitration Law on the lines of UNCITRAL Model Law, came to be enacted in the same year as the Indian law which is known as the English Arbitration Act, 1996 and it became effec ...
Delhi High Court
PASL Wind Solutions Private Limited Vs GE Power Conversion India Private Limited
.... ng more. We need not go into the questions any further now, as we find that the judgment in the case of Atlas Exports (supra) is a binding precedent. 56. Various other contentions were also advanced by Shri. Anirudh Krishnan, learned counsel, to say that the judgment in the case of TDM Infr ...
Supreme Court Of India
M/S Green Edge Infrastructure Pvt. Ltd. Vs Magic Eye Developers Private Limited & Ors
.... e or exercise restraint. The legal order needs a right balance between avoiding arbitration obstructing tactics at referral stage and protecting parties from being forced to arbitrate when the matter is clearly non-arbitrable. 126. Accordingly, when it appears that prima facie review would ...
Delhi High Court
Vidya Drolia And Others Vs Durga Trading Corporation
.... different from enforcement of the contract as when the agreement is invalid there is no agreement to anything. He observes: “But how much of an improvement is it, really, to sweep away the conceptual distinction between “void and voidable” contracts—only to replace it with the equally abs ...
Supreme Court Of India
Gautam Landscapes Private Limited Vs Shailesh S. Shah And Ors
.... is a curable one. The learned Judge then referred to all the provisions contained in the Indian Stamp Act, 1958. He then concluded that the Indian Stamp Act is a fiscal measure. It is enacted to secure revenue for the State on certain class of instruments and is not enacted to arm a litigant wit ...
Bombay High Court
Aslam Ismail Khan Deshmukh Vs Asap Fluids Pvt. Ltd
.... to the residence required to establish domicile without the necessary animus. Habitually Resident also means Place or Country in which a person has his home.” Even from this definition it is clear that the animus necessary for domicile is not necessary for satisfying the meaning of ‘habitually ...
Bombay High Court
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