Tag: arbitration clause
August 20, 2025
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
May or Shall: A Curious Case of usage in Arbitration Cl...
In a recent judgment, the Supreme Court ("SC") in BGM and M-RPL-JMCT (JV) v. Eastern Coalfields Limited reiterated that not every inclusion of an arbitration clause in a contract would amount to a valid arbitration agreement......
July 19, 2023
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
The Delhi High Court Discusses the Effect of Novation o...
The Delhi High Court recently in the case of B.L. Kashyap and Sons Limited vs. Mist Avenue Private Limited held that when a new contract novates the original contract, the arbitration clause would also stand extinguished by virtue of the new agreement. This decision is based on the principle of novation of a contract which is enshrined in Section 62 of the Indian Contract Act, 1872. ......