11 (1)

Whether repudiation of Insurance claim in its entirety after a notice is issued under Section 21 of the Arbitration Act can preclude the matter from being referred to Arbitration – TRS Lift and Shift Services Pvt. Ltd. Vs. Reliance General Insurance Company Ltd. – Calcutta High Court

Hon’ble Calcutta High Court held that:

(i) Once the arbitral proceeding commences, it does not lie in the mouth of the respondent to say that the commencement of the proceedings was itself bad, since at the juncture when it commenced there was no repudiation of the entire claim but only a dispute as to the quantum payable, which squarely comes within the purview of the arbitration clause.
(ii) Repudiation of the liability to pay in its entirety post-commencement of arbitration does not vitiate the reference itself and can at best furnish food for thought for the arbitral tribunal if the issue is raised before it. The issues as to whether there was an admission of liability on the part of the insurer and, if so, whether subsequent repudiation post-invocation of the arbitration clause can efface the same are to be dealt with on facts and law by the arbitrator upon assessment of evidence adduced by the parties.

Whether repudiation of Insurance claim in its entirety after a notice is issued under Section 21 of the Arbitration Act can preclude the matter from being referred to Arbitration – TRS Lift and Shift Services Pvt. Ltd. Vs. Reliance General Insurance Company Ltd. – Calcutta High Court Read Post »

Whether after full and final settlement, arbitration can be invoked? | Whether the issue as regards the validity of Accord and Satisfaction is to be determined by the referral court acting under Section 11 of the Arbitration Act, 1996 or by Arbitral Tribunal – SBI General Insurance Co. Ltd. Vs. Krish Spinning – Supreme Court

In this important judgment covers following issues:

A. What is “accord and satisfaction” or “full and final settlement”
B. Presumption of Separability in arbitration agreement
C. Whether the “full and final settlement” of claims arising under a contract, is by itself sufficient to preclude any future arbitration in respect of such settled claims?
D. Whether the issue as regards the validity of the full and final settlement/accord and satisfaction is to be determined by the referral court acting under Section 11 of the Arbitration Act, 1996 or by the Arbitral Tribunal
E. The dictum of law laid in Indian Oil Corporation Ltd. Vs. NCC Ltd.
F. What is the effect of the decision in In Re: Interplay Between Arbitration Agreements under the Arbitration and Conciliation Act 1966 and the Indian Stamp Act 1899 on the scope of powers of the referral court under Section 11 of the Act, 1996?
G. Disputes pertaining to the “accord and satisfaction” of Claims
H. The principle of Subsequent Judicial Review
I. Clarifies the dictum laid in Arif Azim Co. Ltd. v. Aptech Ltd.

Whether after full and final settlement, arbitration can be invoked? | Whether the issue as regards the validity of Accord and Satisfaction is to be determined by the referral court acting under Section 11 of the Arbitration Act, 1996 or by Arbitral Tribunal – SBI General Insurance Co. Ltd. Vs. Krish Spinning – Supreme Court Read Post »

Who decides, whether the court at the reference stage or the arbitral tribunal in the arbitration proceedings would decide the question of non-arbitrability – Vidya Drolia and Others Vs. Durga Trading Corporation – Supreme Court

In this judgment, the issues required to be answered relate to two aspects: (i) Meaning of non-arbitrability and when the landlord-tenant disputes governed by the provisions of the Transfer of Property Act, 1882 is not capable of being resolved through arbitration; and (ii) The conundrum “who decides” whether the court at the reference stage or the arbitral tribunal in the arbitration proceedings would decide the question of non-arbitrability.

Who decides, whether the court at the reference stage or the arbitral tribunal in the arbitration proceedings would decide the question of non-arbitrability – Vidya Drolia and Others Vs. Durga Trading Corporation – Supreme Court Read Post »

Scroll to Top