No Provision Under Arbitration Act To Spilt Parties Or Refer Part Of Subject Matter To Arbitration, Delhi High Court Dismisses S. 8 Petition
8 months, 2 weeks ago

No Provision Under Arbitration Act To Spilt Parties Or Refer Part Of Subject Matter To Arbitration, Delhi High Court Dismisses S. 8 Petition

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh held that under the Arbitration and Conciliation Act, 1996 there is no provision for splitting of parties and referring part of the subject matter to arbitration. It held that where a suit encompasses matters outside the arbitration agreement and involves parties not party to the said agreement, Section 8 of the Arbitration and Conciliation Act, 1996 does not apply. In response, the Defendant filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 in the court seeking the dismissal of the suit before the Delhi High Court and argued that there is an Arbitration Clause within the 'Agreement to Sell'. It held that where a suit encompasses matters outside the arbitration agreement and involves parties not party to the said agreement, Section 8 of the Arbitration Act does not apply.

Arbitration Court Parties Delhi High Court Agreement Held High Suit Act Matter Plaintiff Defendant Refer No Provision Subject Matter Section 8 Of The Arbitration And Conciliation Act  high  act  refer  s  subject  parties  court  agreement  matter  defendant  provision  arbitration  suit  held  spilt  petition

History of this topic

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court
2 weeks, 2 days ago

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna has held that section 2 of the Arbitration Act which defined the International Commercial Arbitration is a non derogable provision and its applicability cannot be excluded even by mutual consent of the parties. However, certain Sections of the Act, like S.2 which is the definition section, form the basic structure …

Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement
Trending News
3 weeks ago

Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement

Live Law  

The Delhi High Court Bench of Justice Sachin Datta has held that the scope of the present proceedings is confined to ascertaining the existence of the arbitration agreement. Observation of the court: The court held that the scope of the present proceedings is confined to ascertaining the existence of the arbitration agreement. Then, the court held that since the existence …

Procedural Orders Cannot Be Considered As Interim Award Or Challenged U/S 34 Of Arbitration Act: Delhi High Court
4 weeks ago

Procedural Orders Cannot Be Considered As Interim Award Or Challenged U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Subramonium Prasad has held that a procedural order given by an Arbitral Tribunal, such as rejecting an application seeking impleadment of a party, does not qualify as an interim award. However, that application was rejected by the Arbitral Tribunal and stated that the allegations against Rajesh Kumar Srivastava required evidence and could not …

S.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court
1 month ago

S.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that the provision of Section 12 of the Arbitration Act would applicable to arbitral proceedings which were initiated prior to 2015 Amendment came into force and continued thereafter. In the meantime, the Arbitration Act was amended and as Section 12 was inserted on 23.10.2015, the petitioner submitted …

Referral Court Has Limited Role U/S 11 Of Arbitration Act To Verify Existence Of Arbitration Agreement: Rajasthan High Court
Trending News
1 month ago

Referral Court Has Limited Role U/S 11 Of Arbitration Act To Verify Existence Of Arbitration Agreement: Rajasthan High Court

Live Law  

The Rajasthan High Court bench of Justice Sudesh Bansal affirmed that the scope of arbitration application, in view of Section 11 of the Arbitration Act, 1996 is confined and limited to the extent of examining the existence of arbitration agreement between the parties for resolution of dispute. Brief Facts Applicant has filed instant arbitration application under Section 11 of the …

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court
1 month ago

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Subramonium Prasad has held that pre requirement of conciliation in an arbitration clause before invoking the arbitration cannot be a bar to file an application under section 11 of the Arbitration Act seeking appointment of an Arbitrator. That disputes have arisen between the parties regarding payment of dues.,the Petitioner herein invoked Clause 17.7 …

Court U/S 45 Of Arbitration Act Must Refer Parties To Arbitration Unless Agreement Is Void Or Inoperative: Delhi High Court
1 month, 1 week ago

Court U/S 45 Of Arbitration Act Must Refer Parties To Arbitration Unless Agreement Is Void Or Inoperative: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma affirmed that Section 45 of the Arbitration Act casts a statutory mandate on Courts to refer parties to an arbitration agreement to arbitration. The only limited exception carved in Section 45 is if the Court is of the prima facie opinion that the arbitration agreement is null and void; or …

High Court As Court Of Record Can Recall Or Review Orders Passed U/S 11 Of Arbitration Act: Bombay High Court
1 month, 1 week ago

High Court As Court Of Record Can Recall Or Review Orders Passed U/S 11 Of Arbitration Act: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Manish Pitale has held that the moment it becomes clear that the power under Section 11 of the Arbitration Act is being exercised by the “High Court” and not by an authority in the form of the “Chief Justice or any person or institution designated by him”, there can be no confusion about …

Arbitration Monthly Digest: October 2024
1 month, 1 week ago

Arbitration Monthly Digest: October 2024

Live Law  

Supreme Court Case Title: R.P. Case Title: LAVA INTERNATIONAL LIMITED Vs MINTELLECTUALS LLP Citation: 2024 LiveLaw 1114 The Delhi High Court bench comprising Justice Prateek Jalan has held that in orders passed by the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996, the court is not bound by the principles underlying Order XXXVIII and XXXIX of …

Delhi High Court Rejects Petitioner's Request to Stay Termination of Lease Agreement
1 month, 3 weeks ago

Delhi High Court Rejects Petitioner's Request to Stay Termination of Lease Agreement

Live Law  

The Delhi High Court has allowed a petition seeking stay of the effect and operation of the Termination Notice dated 01.10.2024 issued by the respondent No. 1 to the petitioner. The court held that the role of the court under section 9 of the Arbitration Act is to preserve the subject matter of the Arbitration till the arbitral tribunal decides …

Delhi High Court Rules on Appointment of Arbitral Tribunal: Invalid Procedures Before Improper Arbitral Tribunal Are Non-Est
2 months ago

Delhi High Court Rules on Appointment of Arbitral Tribunal: Invalid Procedures Before Improper Arbitral Tribunal Are Non-Est

Live Law  

The Delhi High Court has held that any proceedings before an improperly constituted arbitral tribunal are non-est. This means that any disputes arising from an improperly constituted arbitral tribunal are not subject to arbitration. The court also held that whether a particular claim is precluded from arbitration on account of being an excepted matter should be decided by a duly …

Arbitration Cases Monthly Digest: September 2024
2 months, 2 weeks ago

Arbitration Cases Monthly Digest: September 2024

Live Law  

Supreme Court Case Title: COX & KINGS LTD. Delhi High Court Case Title: Apex Buildsys Ltd. Vs Vadera Interiors And Exteriors and connected matter Citation: 2024 LiveLaw 956 The Delhi High Court bench of Justice C. Hari Shankar has held that objections related to the legality of an arbitrator's appointment cannot be raised in a petition seeking an extension of …

Arbitration Cases Monthly Digest: July 2024
4 months, 1 week ago

Arbitration Cases Monthly Digest: July 2024

Live Law  

Supreme Court Avoid Bulky Pleadings & Lengthy Submissions In Arbitration Appeals : Supreme Court To Advocates Case Title: Bombay Slum Redevelopment Corporation Private Limited Versus Samir Narain Bhojwani Citation : 2024 LiveLaw 445 Expressing displeasure over the filing of bulky and lengthy submissions in the arbitral proceedings, the Supreme Court on Monday called upon the Bar to urge only the …

Arbitration Weekly Roundup: July 08 - July 14, 2024
5 months, 1 week ago

Arbitration Weekly Roundup: July 08 - July 14, 2024

Live Law  

Supreme Court Avoid Bulky Pleadings & Lengthy Submissions In Arbitration Appeals : Supreme Court To Advocates Case Title: Bombay Slum Redevelopment Corporation Private Limited Versus Samir Narain Bhojwani Citation : 2024 LiveLaw 445 Expressing displeasure over the filing of bulky and lengthy submissions in the arbitral proceedings, the Supreme Court on Monday called upon the Bar to urge only the …

Calcutta High Court Strikes Down Arbitration Clause As Unconstitutional, Upholds Subcontractor's Right To Independent Dispute Resolution
5 months, 1 week ago

Calcutta High Court Strikes Down Arbitration Clause As Unconstitutional, Upholds Subcontractor's Right To Independent Dispute Resolution

Live Law  

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has struck part of the arbitration clause as being violative of Article 14 of the Constitution. The High Court noted that the clause provided a clear bar against arbitration for disputes between the subcontractor and the contractor, using negative language to indicate this prohibition. The High Court noted that clause 14.0 …

Arbitration Cases Half Yearly Digest: January To June 2024
5 months, 2 weeks ago

Arbitration Cases Half Yearly Digest: January To June 2024

Live Law  

Supreme Court High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case Title: CHIEF ENGINEER PWD VERSUS M/S BSC & C and C JV Citation : 2024 LiveLaw 425 The Supreme Court held that a High Court which does not have original civil jurisdiction does not have …

Chief Justice Or Their Designate Cannot Adjudicate Merits Of Dispute Under Section 11 Of Arbitration Act: Calcutta High Court
5 months, 2 weeks ago

Chief Justice Or Their Designate Cannot Adjudicate Merits Of Dispute Under Section 11 Of Arbitration Act: Calcutta High Court

Live Law  

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that it is completely beyond the domain of the Chief Justice and/or his designate, sitting in jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996, to adjudicate even prima facie on the merits of an arguable issue involved in the matter, which would fall categorically within the …

Arbitration Weekly Roundup: June 10 - June 16, 2024
6 months ago

Arbitration Weekly Roundup: June 10 - June 16, 2024

Live Law  

Supreme Court High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case Title: CHIEF ENGINEER PWD VERSUS M/S BSC & C and C JV Citation : 2024 LiveLaw 425 The Supreme Court held that a High Court which does not have original civil jurisdiction does not have …

Clause Of 'Amicable Resolution' Cannot Prevent Invocation Of Arbitration After Sincere Efforts At Settlement: Delhi High Court
6 months, 1 week ago

Clause Of 'Amicable Resolution' Cannot Prevent Invocation Of Arbitration After Sincere Efforts At Settlement: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma has held that the clause of 'amicable resolution' in the arbitration agreement cannot be read as preventing the parties from invoking the arbitration if the parties have sincerely tried to resolve the disputes amicably. The Petitioner filed an application in the High Court under Section 11 of the Arbitration and …

Settlement Of Dispute By Expert Is Not Arbitration, No Intention To Submit To Independent Arbitrator: Calcutta High Court
6 months, 1 week ago

Settlement Of Dispute By Expert Is Not Arbitration, No Intention To Submit To Independent Arbitrator: Calcutta High Court

Live Law  

The Calcutta High Court bench of Justice Shampa Sarkar held that a clause laying down the settlement of the dispute by an expert cannot be said to be an arbitration clause. The Petitioner contended that clauses 29 and 28 of the contract didn't constitute arbitration clauses for settling money claims but were mechanisms for resolving disputes related to work execution …

Arbitration Clause Valid Despite Even Number Of Arbitrators: Delhi High Court Allows Section 11(6) Petition
6 months, 1 week ago

Arbitration Clause Valid Despite Even Number Of Arbitrators: Delhi High Court Allows Section 11(6) Petition

Live Law  

The Delhi High Court bench of Justice Jasmeet Singh has held that the arbitration clause is not invalidated merely on the ground that the number of arbitrators, as per the arbitration clause, was an even number and therefore, was in contravention of Section 10 of the Arbitration and Conciliation Act, 1996. All disputes shall be subjected to Delhi Jurisdiction only.” …

[Arbitration Act] Mere Sending of Notice Under Section 21 Not Enough, Receipt of Notice Essential: Delhi High Court
6 months, 1 week ago

[Arbitration Act] Mere Sending of Notice Under Section 21 Not Enough, Receipt of Notice Essential: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma has held that merely sending notice of arbitration under Section 21 of the Arbitration and Conciliation Act, 1996 is not sufficient. Brief Facts: Indian Spinal Injuris Centre approached the Delhi High Court and filed an application under Section 11 read with Section 11 of the Arbitration and Conciliation Act, 1996 …

Once Arbitration Agreement Is Confirmed, Court Should Refrain From Delving Into Other Issues: Delhi High Court
6 months, 2 weeks ago

Once Arbitration Agreement Is Confirmed, Court Should Refrain From Delving Into Other Issues: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Amit Bansal held that the role of the court is limited to verifying the existence of a valid arbitration agreement. Observations by the High Court: The High Court referred to Clause 26 in the EPC Contract which provided that in the event conciliation between the parties fails, disputes may be referred to arbitration. …

Where No Seat Is Specified In Arbitration Agreement, Jurisdiction Of Court Shall Be Determined In Accordance With Section 16 To 20 Of CPC: Delhi High Court
6 months, 2 weeks ago

Where No Seat Is Specified In Arbitration Agreement, Jurisdiction Of Court Shall Be Determined In Accordance With Section 16 To 20 Of CPC: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna held that where no seat of arbitration is specified in the arbitration agreement, the jurisdiction of the court shall be determined in accordance with Section 16 to Section 20 of C.P.C. However, if the parties do not specify any seat/place of Arbitration, them the jurisdiction of the Court shall be …

Court Fully Empowered To Extend Mandate Even After Expiry Of Arbitral Tribunal's Mandate Under Section 29A(4): Delhi High Court
6 months, 3 weeks ago

Court Fully Empowered To Extend Mandate Even After Expiry Of Arbitral Tribunal's Mandate Under Section 29A(4): Delhi High Court

Live Law  

The Delhi High Court bench of Justice Prathiba M. Singh held the court is fully empowered to extend the mandate, even after the expiry of the mandate of the Arbitral Tribunal under Section 29A of the Arbitration and Conciliation Act, 1996. Feeling aggrieved, the Petitioner approached the Delhi High Court and filed a petition under Sections 29A & of the …

Issues On Merits, Should Be Raised Before Arbitrator, Not In Section 11 Proceedings ; Delhi High Court
6 months, 4 weeks ago

Issues On Merits, Should Be Raised Before Arbitrator, Not In Section 11 Proceedings ; Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna held that objection regarding the insufficiency of service is considered to be on merits and therefore should be raised before the Arbitrator. Brief Facts: The petitioner, Delhivery Limited, and the Respondent, Far Left Retail Private Limited, entered into a Service Agreement, which later resulted in a dispute. Consequently, the Petitioner …

Appointing High Court Has Power To Extend Arbitrator's Mandate U/s 29A: Allahabad High Court Reiterates Settled Position Till Larger Bench Decides Issue
7 months ago

Appointing High Court Has Power To Extend Arbitrator's Mandate U/s 29A: Allahabad High Court Reiterates Settled Position Till Larger Bench Decides Issue

Live Law  

The Allahabad High Court single bench of Justice Shekhar B. Saraf held that if the High Court appoints the arbitrator under Section 11 of the Arbitration Act, it has the jurisdiction to entertain Section 29A application for extending the mandate of the arbitrator. While acknowledging that the issue of the appropriate court for Section 29A applications was pending before a …

Arbitral Tribunal Cant Go Outside Reference Order, Cannot Widen Its Jurisdiction By Dealing With Disputes Not Referred To It: Punjab And Haryana High Court
7 months, 2 weeks ago

Arbitral Tribunal Cant Go Outside Reference Order, Cannot Widen Its Jurisdiction By Dealing With Disputes Not Referred To It: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court single bench of Justice Suvir Sehgal held that an Arbitral Tribunal cannot go outside the reference order by the Punjab State Electricity Regulatory Commission under Section 86 of the Electricity Act, 2003 and cannot widen its jurisdiction by dealing with disputes not referred to it. Observations by the High Court: The High Court noted …

Arbitration Weekly Round Up: 22nd April to 28th April 2024
7 months, 2 weeks ago

Arbitration Weekly Round Up: 22nd April to 28th April 2024

Live Law  

Allahabad High Court Court Under Section 19 Of MSMED Act, 2006 Empowered To Allow Predeposit In Installments: Allahabad High Court Case Title: M/S Docket Care Systems vs M/S Hariwill Electronics India Pvt. Delhi High Court Debt Acknowledged In Letters, Delhi High Court Grants Benefit Of Section 18 To Hold Invocation Of Arbitration Within Limitation Case Title: Paisalo Digital Limited v. …

Arbitration Act Aims For Speedy Redressal, Delay In Filing Appeal Can Only Be Allowed If Party Makes Very Strong Case For Delay: Allahabad High Court
7 months, 3 weeks ago

Arbitration Act Aims For Speedy Redressal, Delay In Filing Appeal Can Only Be Allowed If Party Makes Very Strong Case For Delay: Allahabad High Court

Live Law  

The Allahabad High Court single bench of Justice Shekhar B Saraf held that the Arbitration Act is a legislation for speedy redressal. Brief Facts: The Appellant approached the Allahabad High Court and filed an appeal under Section 34 of the Arbitration and Conciliation Act, 1996. Observations by the High Court: The High Court invoked settled legal principles established by the …

Arbitration Weekly Round-Up: 15th April to 21st April 2024
7 months, 4 weeks ago

Arbitration Weekly Round-Up: 15th April to 21st April 2024

Live Law  

High Courts Bombay High Court Can A Section 29A Application Be Filed In The Commercial Court Or Only In The High Court? An Award Issued By Unilaterally Appointed Arbitrator Can Be Contested For Invalidity Of Appointment, Even By The Appointing Party: Delhi High Court Case Title: Telecommunication Consultants India Ltd v. Shivaa Trading Citation: 2024 LiveLaw 471 The High Court …

Appointment Of Arbitrator In Violation Of S. 12(5) Of A&C Act Is Void, Waiver Of This Provision Requires Explicit Written Agreement: Kerala High Court
8 months ago

Appointment Of Arbitrator In Violation Of S. 12(5) Of A&C Act Is Void, Waiver Of This Provision Requires Explicit Written Agreement: Kerala High Court

Live Law  

The Kerala High Court single bench of Justice G. Girish held that the exemption provided for under the proviso of Section 12 of the Arbitration and Conciliation Act applies only in cases where there is a waiver explicitly agreed upon in writing by the parties involved. Feeling aggrieved, the Petitioner approached the Kerala High Court under Section 14 read with …

Arbitration Weekly Round-up: 1st April to 7th April 2024
8 months, 1 week ago

Arbitration Weekly Round-up: 1st April to 7th April 2024

Live Law  

High Courts Allahabad High Court Allahabad High Court Directs Inquiry Against Officers Who Failed To File Arbitration Appeals Within Prescribed Limitation Case Title: Executive Engineer Drainage Division v. Ms Ayush Construction And Another The Allahabad High Court has directed Principal Secretary/Additional Chief Secretary, Irrigation, Uttar Pradesh to conduct an inquiry against officers who were responsible for filing appeals under Section …

Arbitration Monthly Round-Up -March 2024
8 months, 3 weeks ago

Arbitration Monthly Round-Up -March 2024

Live Law  

Supreme Court Court May Refuse To Appoint Arbitral Tribunal If S.11 Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court Case Title: M/s Arif Azim Co. Ltd. Without Copy of Challenged Arbitral Award, Impossible To Consider Grounds To Set Aside Award: Delhi High Court Dismisses Section 34 Petition Case Title: Spml Infra Limited vs Ntpc …

Arbitration Weekly Round-Up: 25th March to 31st March 2024
8 months, 3 weeks ago

Arbitration Weekly Round-Up: 25th March to 31st March 2024

Live Law  

Supreme Court Enforcement Of Foreign Award Must Be Refused Only Rarely, International Standards To Be Applied To Determine Bias : Supreme Court Case Title: AVITEL POST STUDIOZ LIMITED & ORS. Condonation Of Delay Re- Filing S. 34, A&C Act Application Must Be Allowed If Delay Is Procedural And Curable: Delhi High Court Case Title: Department Of Transport Govt Of Nct …

Sec. 11, A&C Act Petition Must Be Filed In High Court Where Cause Of Action Arose, Not Necessarily At Principle Place Of Business: Delhi High Court
8 months, 3 weeks ago

Sec. 11, A&C Act Petition Must Be Filed In High Court Where Cause Of Action Arose, Not Necessarily At Principle Place Of Business: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh dismissed the application filed under Section 11 of the Arbitration and Conciliation Act, 1996 and held that such a petition should be filed at the place of the subordinate office of the corporation. “In the present case as well, the subordinate office of the respondent is situated at Satna, Madhya …

Application Under Section 29A A&C Can Be Allowed Even After Expiry Of Arbitral Tribunal's Mandate: Delhi High Court
8 months, 3 weeks ago

Application Under Section 29A A&C Can Be Allowed Even After Expiry Of Arbitral Tribunal's Mandate: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh held that the application under Section 29A of the Arbitration and Conciliation Act, 1996 can be allowed even after the expiry of the mandate of the Arbitral Tribunal. Brief Facts: The Petitioner approached the Delhi High Court seeking extension of time for completion of the arbitration proceedings. Observations by the …

Arbitration Act | When Parties Engage In Constant Communication, Unjust To Dismiss Claim Solely On Grounds Of Being Time-Barred: Calcutta High Court
8 months, 3 weeks ago

Arbitration Act | When Parties Engage In Constant Communication, Unjust To Dismiss Claim Solely On Grounds Of Being Time-Barred: Calcutta High Court

Live Law  

The Calcutta High Court single bench of Justice Moushumi Bhattacharya held that it would be an unnatural construction of Section 11 of the Arbitration and Conciliation Act, 1996 where a party with a bona fide and a genuine claim is left in the lurch on the defence of the claim being barred by limitation. Brief Facts: The Petitioner approached the …

Questions Of Agreement Implications And Legal Provisions Need To Be Decided By Arbitral Tribunal Under Section 16 A&C Act: Allahabad High Court
8 months, 3 weeks ago

Questions Of Agreement Implications And Legal Provisions Need To Be Decided By Arbitral Tribunal Under Section 16 A&C Act: Allahabad High Court

Live Law  

The Allahabad High Court single bench of Justice Jaspreet Singh held that questions of implications of agreements, Section 64 of the Contract Act, whether the disputes relate to the construction stage or implications of legal provisions of National Highways Act, 1956 need to be decided by the arbitral tribunal. of U.P.. Disputes arose and the Petitioner filed an application under …

Unilateral Appointment Of Arbitrator By Party: Delhi High Cout Set Aside Arbitral Award As It Contravened Section 12(5) A&C And & 7th Schedule
8 months, 4 weeks ago

Unilateral Appointment Of Arbitrator By Party: Delhi High Cout Set Aside Arbitral Award As It Contravened Section 12(5) A&C And & 7th Schedule

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh held aside an arbitral award noting that the arbitrator was unilaterally appointed by the Respondent. The bench held that that the unilateral appointment of the Sole Arbitrator by Respondent was non-est in law, as it contravened Section 12 read with the Seventh Schedule of the Arbitration and Conciliation Act, 1996. …

Parties Assuring Document Execution And Providing Security For Transaction Are Part Of Loan Agreement: Delhi High Court Refers Parties To Arbitration
8 months, 4 weeks ago

Parties Assuring Document Execution And Providing Security For Transaction Are Part Of Loan Agreement: Delhi High Court Refers Parties To Arbitration

Live Law  

The Delhi High Court single bench Justice Jasmeet Singh that the parties which assured document execution and provided security for the transaction are integral part of the loan agreement. 3 to 5 are a veritable party to the Loan Agreement as they are connected with the loan documents and form part of the loan transaction as in one way or …

Prima Facie No Arbitration Agreement Between Parties, Delhi High Court Dismisses Section 11(5) A&C Petition
9 months, 1 week ago

Prima Facie No Arbitration Agreement Between Parties, Delhi High Court Dismisses Section 11(5) A&C Petition

Live Law  

The Delhi High Court single bench of Justice Dinesh Kumar Sharma dismissed a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, noting that prima facie there was no arbitration agreement between Petitioner and Respondent. The High Court noted that Section 8, as amended in 2015, mandates the referral of parties to arbitration by a judicial authority …

When Parties Agree For No Interest Payable Till Arbitral Award Is Made, Arbitrator Bound By This Agreement: Delhi High Court
9 months, 1 week ago

When Parties Agree For No Interest Payable Till Arbitral Award Is Made, Arbitrator Bound By This Agreement: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Prateek Jalan held that when parties agree that no interest shall be payable, the Arbitral Tribunal is bound by that agreement. Brief Facts: The Petitioner challenged an Arbitral Award, specifically contesting the portion wherein the Arbitrator granted interest on the Respondent's recovery claim against outstanding bills. The Arbitrator in that case awarded …

Requirement Of Pre-litigation Mediation Under Section 12-A Of Commercial Courts Act Is Mandatory: Delhi High Court
9 months, 1 week ago

Requirement Of Pre-litigation Mediation Under Section 12-A Of Commercial Courts Act Is Mandatory: Delhi High Court

Live Law  

The Delhi High Court bench comprising Justice Prateek Jalan held that the requirement of pre-litigation meditation under Section 12-A of the Commercial Courts Act, 2015 is mandatory in nature. Brief Facts: The Plaintiff approached the Delhi High Court and field an application requesting for an exemption from pre-litigation mediation, as mandated by Section 12-A of the Commercial Courts Act, 2015. …

Arbitration Weekly Round Up: 26th February to 3rd March 2024
9 months, 2 weeks ago

Arbitration Weekly Round Up: 26th February to 3rd March 2024

Live Law  

Supreme Court Court May Refuse To Appoint Arbitral Tribunal If S.11 Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court Case Title: M/s Arif Azim Co. Ltd. The Delhi High Court single bench of Justice Sachin Datta held that the court under Section 27 of the Arbitration and Conciliation Act, 1996 cannot determine the admissibility, …

Arbitration Monthly Round Up: February 2024
9 months, 2 weeks ago

Arbitration Monthly Round Up: February 2024

Live Law  

Supreme Court Case Title: M/s Arif Azim Co. Ltd. Need For Broad Panel To Choose From To Ensure Arbitrator's Independence As Per Clause 64 of GCC: Delhi High Court Case Title: The Braithwaite Burn and Jessop Construction Co Ltd vs Northern Railway The Delhi High Court bench comprising Justice Sachin Datta allowed an application made under Section 14 of the …

Designation Of Seat Of Arbitration Akin To An Exclusive Jurisdiction Clause: Delhi High Court Allows Section 11 Application
9 months, 2 weeks ago

Designation Of Seat Of Arbitration Akin To An Exclusive Jurisdiction Clause: Delhi High Court Allows Section 11 Application

Live Law  

The Delhi High Court single bench of Justice Prateek Jalan held that designation of a seat of arbitration is akin to an exclusive jurisdiction clause. The parties having been unable to achieve consensus on the appointment of the arbitrator, the Petitioner approached the Delhi High Court and filed an application under Section 11 of the Arbitration and Conciliation Act, 1996. …

Even If Arbitral Award Set Aside For Non-Compliance With Section 12, Parties Can File Fresh Section 11 Application For Arbitrator Appointment: Delhi High Court
9 months, 3 weeks ago

Even If Arbitral Award Set Aside For Non-Compliance With Section 12, Parties Can File Fresh Section 11 Application For Arbitrator Appointment: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Dinesh Kumar Sharma held that mere invalidation or unenforceability of the arbitrator appointment process does not render the entire arbitration clause void. The bench held that even if an arbitration award is set aside due to unilateral appointment and non-compliance with Section 12 of the Arbitration Act, fundamental agreement between the parties …

Court Cannot Determine Admissibility, Relevancy, Materiality, And Weight Of Any Evidence Under Section 27 of A&C: Delhi High Court
9 months, 3 weeks ago

Court Cannot Determine Admissibility, Relevancy, Materiality, And Weight Of Any Evidence Under Section 27 of A&C: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Sachin Datta held that the court under Section 27 of the Arbitration and Conciliation Act, 1996 cannot determine the admissibility, relevancy, materiality, and weight of any evidence, as doing so would amount to impermissible interference with the Tribunal's proceedings. The Petitioner sought the Arbitral Tribunal's approval to approach court for seeking the …

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