Digi - Legal Insights

Advocate of High Court is appointed as Sole Arbitrator to adjudicate upon disputes and differences between parties arising out of and in connection with Agreement.

Disputes involved in Suit cannot be referred to Arbitration on account of disputes relating to redemption of mortgage being incapable of resolving through arbitration on account of absence of arbitration clause.

Zanmai has to regain control over its users' assets and provide assurance of their security thus, no reason to make an intervention, disturbing interim arrangement propounded by Arbitral Tribunal.

Petitioner-society is not a third party in arbitration dispute and has not demonstrated an exceptional case that justifies interference in arbitral process.

As managing director of a company would be ineligible for being appointed as an arbitrator in view of Section 12(5) read with paragraph 5 in Fifth Schedule to Act, he would be ineligible to nominate a sole arbitrator.

Dispute arising under agreement is arbitrable - Parties bound by arbitration clause - Independent arbitrator appointed to resolve claims and defences - Application allowed.

Courts may restrain bank guarantee encashment only in cases of egregious fraud or irretrievable injustice and interim protection may be granted to preserve pending section 9 proceedings.