An Analysis of Implied Consent in Arbitration Proceedings Continuing Beyond 12 Months: A Brief Examination in Light of the Madras High Court’s Recent 2024 Judgment. Lex Summary
· 6 min read

An Analysis of Implied Consent in Arbitration Proceedings Continuing Beyond 12 Months: A Brief Examination in Light of the Madras High Court’s Recent 2024 Judgment.

Explore the concept of implied consent in arbitration proceedings under Section 29-A of the Arbitration and Conciliation Act, focusing on the recent 2024 Madras High Court judgment in Ayyasamy vs. Shanmugavel. Understand the implications of continuing arbitration beyond the 12-month statutory limit.

Arbitration can be invoked even after full and final settlement arrived by the Parties: Supreme Court reaffirmed the position of minimal interference warranted in S.11 petitions/2024. Lex Summary
· 21 min read

Arbitration can be invoked even after full and final settlement arrived by the Parties: Supreme Court reaffirmed the position of minimal interference warranted in S.11 petitions/2024.

The Supreme Court in SBI General Insurance Co. Ltd. vs. Krish Spinning (2024) held that arbitration can be invoked even after a full and final settlement if allegations like coercion or economic duress are present. The Court reaffirmed minimal judicial intervention in Section 11 petitions under the Arbitration Act, limiting courts to verifying the existence of an arbitration agreement without delving into merits, in line with the Competence-Competence principle.