India: Whether A Consumer Forum Bound To Refer The Dispute To Arbitration Despite Existence Of A Valid Arbitration Agreement?

Smt. M. Hemalatha Devi & Ors. (“Appellants”) filed an Appeal1 before the Hon’ble Supreme Court of India (“Supreme Court”) challenging the impugned orders dated May 19, 2022 and November 25, 2022 passed by the Telangana High Court (“High Court”) which dismissed the application of the Appellants to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (“Act”).

Facts

a. Smt. B. Udayasri (“Respondent”) being a home buyer, had entered into an Agreement for […]

By | November 20th, 2023 ||

Arbitration In Asia Mini-Series: The Shanghai Outlook

As part of a mini-series exploring arbitration in Asia, Ian Meredith (K&L Gates, London) speaks with Dr. Mingchao Fan, the Executive Vice President of the Shanghai Arbitration Commission (the Commission), regarding arbitrations administered by the Commission, the key features of arbitration under the Commission’s Arbitration Rules, and the plans of the Commission going forward against the context of current and anticipated future developments in dispute resolution in the The People’s Republic of China and […]

By | November 20th, 2023 ||

United States: SCOTUS To Weigh Whether A Court Or Arbitrator Should Decide If A Subsequent Agreement Narrows A Preceding Arbitration Agreement Containing A Delegation Clause

The United States Supreme Court recently granted a petition for certiorari to review a Ninth Circuit decision and resolve the issue of whether, when parties enter into an arbitration agreement with a delegation clause, the court or an arbitrator should decide whether that arbitration agreement is narrowed by a later contract that is silent as to arbitration and delegation. A delegation clause specifies that an arbitrator, and not a court, will decide threshold questions […]

By | November 19th, 2023 ||