Arbitration Law

Rakesh Malhotra v. Rajinder Kumar Malhotra

Citation: MANU/MH/1309/2014 Facts Supremax Group, world’s second largest manufacturer of razor blades and allied products, was run by Rajindra Kumar Malhotra (“Rajindra”) and his family members. All the assets, business and plants belonging to Indian companies were later transferred to a newly incorporated company, which was under the control of Rakesh Malhotra (“Appellant”), Rajindra’s elder…

Arbitration Law

DOCTRINE OF SEPARABILITY IN INDIA

Introduction The concept of Separability of the arbitration clause is both interesting in theory and useful in practice. It means that the arbitration clause in a contract is considered to be separate from the main contract of which it forms part and, as such, survives the termination of the contract. Indeed, it would be entirely…

Arbitration Law | Procedural

M/s Swastik Gases Pvt. Ltd Vs. Indian Oil Corp. Ltd.

SUPREME COURT ON APPLICATION OF EXCLUSIVE JURISDICTION CLAUSES M/S Swastik Gases Pvt.Ltd vs Indian Oil Corp.Ltd[1] (2013) 9 SCC 32 Facts Respondents, Indian Oil Corporation (IOC) and IBP Ltd, (collectively “the Company“), was engaged in the business of storage, distribution of petroleum products and other related products. Appellant, M/s. Swastik Gases Private Limited, dealt in…

Arbitration Law

Mitsubishi Motors Corp. vs. Soler Chrysler-Plymouth, Inc.

Mitsubishi Motors Corp. vs. Soler Chrysler-Plymouth, Inc. FACTS IN BRIEF: A Japanese corporation and Chrysler International entered into a Joint Venture (called Mitsubishi Motors) for the distribution of cars through the Respondent’s dealers outside the continental US. Owing to a fall in the market for cars, the Respondent sought permission to transship the cars to…

Arbitration Law

Citation Infowares Ltd. vs Equinox Corporation

Citation Infowares Ltd. vs Equinox Corporation Ltd. (2009) FACTS M/s Citation Infowares (Indian company) (CI)entered into an agreement in India with the Equinox Corporation (US company). The final dispute resolution clause in the agreement provided as follows: “10.1. Governing law – This agreement shall be governed by and interpreted in accordance with the laws of…