Dispute Resolution / Arbitration

The High Court of Delhi, in the case of Smaash Leisure Ltd. vs. Ambience Comemrcial Developers Private Limited has held that a statement made by a party's counsel before the Arbitrator withdrawing objection to unilateral appointment would not suffice the requirement of 'express agreement' under Section 12 (5) of the Arbitration and Conciliation Act, 1996 ("Act"). ......

A seven judge bench of the Supreme Court was called upon to resolve an issue which arose in the context of three statutes – the Arbitration and Conciliation Act, 1996 ("Arbitration Act"), the Indian Stamp Act, 1899 ("Stamp Act"), and the Indian Contract Act, 1872 ("Contract Act") - whether arbitration agreements would be non-existent, unenforceable, or invalid if the underlying contract is not stamped. ......