News & Articles

Can pre arbitration negotiations be excluded while computing limitation
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Can pre arbitration negotiations be excluded while computing limitation

This interesting issue was decided by the Supreme Court of India while considering whether pre-arbitration negotiations can be excluded in computing limitation.

Burden of proof in exclusion clauses in Insurance contracts.
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Burden of proof in exclusion clauses in Insurance contracts.

The supreme court of India interpreted exclusion clauses in insurance contracts.

Detention of cargo as security for international commercial arbitration
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Detention of cargo as security for international commercial arbitration

He question of whether S. 9 (interim measures) of the Arbitration and Conciliation Act, 1996 is available for detaining cargo as security for international commercial arbitration outside India.

Bias of an arbitrator: Can challenge be raised in enforcement of a foreign award.
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Bias of an arbitrator: Can challenge be raised in enforcement of a foreign award.

In this judgement, the Supreme Court of India considers whether bias of an arbitrator can be subsumed in S. 48 (2) of the Arbitration Act, 1996 while challenging enforcement of award.

Applicability of group entity doctrine to non-signatories of arbitration agreement
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Applicability of group entity doctrine to non-signatories of arbitration agreement

Supreme Court of India decides whether companies within the same group can be made parties to an arbitration agreement though being non-signatories.

Is unstamped arbitration agreement in a contract void and unenforceable due before a judicial forum
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Is unstamped arbitration agreement in a contract void and unenforceable due before a judicial forum

Supreme court of India settles the issue of enforceability of unstamped arbitration agreements before judicial forum

Consequences of breach of class warranties in a Hull and Machinery Claim – Supreme Court of India
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Consequences of breach of class warranties in a Hull and Machinery Claim – Supreme Court of India

What happens when the shipowner fails to disclose vessel damage to class authorities.

Hudson formulae: A measure of damages in a works contract?
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Hudson formulae: A measure of damages in a works contract?

The Supreme Court of India decides the applicability of Hudson formulae as a measure of damages in a works contract.

Maintainability of sister ship arrest on the premise that each ship Is owned by distinct One Ship Company.
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Maintainability of sister ship arrest on the premise that each ship Is owned by distinct One Ship Company.

This interesting case was decided by the Bombay High Court in the context of the sister ship arrest
provisions of Admiralty Act, 2017

Limitation Of Liability – Whether The Right To Limit Liability Is Absolute – Dehors Fault On Part Of The Vessel Owner
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Limitation Of Liability – Whether The Right To Limit Liability Is Absolute – Dehors Fault On Part Of The Vessel Owner

The Bombay High Court while deciding this issue also decided whether 1976 convention or 1993
protocol will be applicable while deciding limitation of liability

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