International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Allegations that an agreement containing an arbitration clause is forged or fabricated defeat arbitrability because arbitration requires valid consent; where interim proceedings produced prima facie findings casting grave doubt on the document's authenticity, those findings are a relevant consideration and arbitration referral is inappropriate. Concurrent trial and firstinstance findings that originals were not produced and that fraud allegations were serious support nonarbitrability, and supervisory review must not reappreciate evidence to dislodge those findings. Appointment of an arbitrator when the arbitration agreement's existence is in serious dispute is premature and legally impermissible.
Allegations that an agreement containing an arbitration clause is forged or fabricated defeat arbitrability because arbitration requires valid consent; where interim proceedings produced prima facie findings casting grave doubt on the document's authenticity, those findings are a relevant consideration and arbitration referral is inappropriate. Concurrent trial and firstinstance findings that originals were not produced and that fraud allegations were serious support nonarbitrability, and supervisory review must not reappreciate evidence to dislodge those findings. Appointment of an arbitrator when the arbitration agreement's existence is in serious dispute is premature and legally impermissible.
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