Topic

Jurisdiction of Arbitrator

3 articlesLatest April 2026
Section 7 Arbitration Act | Arbitration Clause in Partnership Deed Cannot Cover Disputes Pre-Dating Deed or Post-Novation Settlement Without Fresh Clause : Karnataka HC
Case Law Analysis
|Karnataka High Court

Section 7 Arbitration Act | Arbitration Clause in Partnership Deed Cannot Cover Disputes Pre-Dating Deed or Post-Novation Settlement Without Fresh Clause : Karnataka HC

Karnataka HC rules that an arbitration clause in a partnership deed only covers disputes arising after the deed’s effective date. Claims under a novated settlement deed lacking an arbitration clause fall outside the arbitrator’s jurisdiction, reinforcing the need for explicit dispute resolution terms in post-novation agreements.

Section 18 MSMED Act | Ad Hoc Arbitration Permissible as Alternative to Statutory Remedy; Not Mandatory : Bombay HC
Case Law Analysis
|Bombay High Court

Section 18 MSMED Act | Ad Hoc Arbitration Permissible as Alternative to Statutory Remedy; Not Mandatory : Bombay HC

The Bombay High Court has held that registration under the MSMED Act does not bar MSMEs from pursuing ad hoc arbitration under the Arbitration and Conciliation Act, 1996. Section 18's remedy is discretionary, not mandatory, empowering businesses to choose faster dispute resolution without forfeiting substantive rights under contract law.