Determining 'Seat' In International Arbitration : Supreme Court Takes Shift From 'Closest Connection Test', Says Express Designation Of Place Matters
4 months, 1 week ago

Determining 'Seat' In International Arbitration : Supreme Court Takes Shift From 'Closest Connection Test', Says Express Designation Of Place Matters

Live Law  

In a key ruling on International Commercial Arbitration, the Supreme Court held that when an arbitration agreement grants non-exclusive jurisdiction to a foreign court, that court is considered the "seat of arbitration." Taking a shift from the 'Close Connection Test' to determine the seat of the arbitration, the Court observed that “the more appropriate criterion for determining the seat of arbitration in view of the subsequent decisions of this Court is that where in an arbitration agreement there is an express designation of a place of arbitration anchoring the arbitral proceedings to such place, and there being no other significant contrary indicia to show otherwise, such place would be the 'seat' of arbitration even if it is designated in the nomenclature of 'venue' in the arbitration agreement.” In essence, the Court held that when an arbitration agreement grants non-exclusive jurisdiction to a foreign court without specifying any other court, that foreign court effectively gains exclusive jurisdiction to supervise the arbitration proceedings i.e., it effectively becomes the 'seat of the arbitration'. In such scenario, even if the argument of the petitioner that the non-exclusive jurisdiction clause had been incorporated to confer jurisdiction on other courts too is accepted in toto, even then this Court will not have any jurisdiction to exercise its powers under Section 11 of the Act, 1996 as neither the seat is India nor is the arbitration agreement governed by Indian laws. Relying on the BGS SGS SOMA JV v. NHPC LTD. as approvingly referred in Mankastu Impex Private Ltd. v. Airvisual Ltd., the Court opined that when “only one place has been designated in the arbitration clause, and such place has been categorically fixed inasmuch as there is no scope for the place designated as venue to change in terms of Clause 26, and furthermore, the said clause has explicitly stipulated that the curial law would be the UAE Arbitration and Conciliation rules and there being no other contrary indicia let alone a significant contrary indicia, we are of the considered opinion that the Dubai, UAE has not been designated merely as a venue but rather as the juridical seat of arbitration in terms of clause 26 of the Distributorship Agreement.” “It is the seat of arbitration which determines which court will have exclusive jurisdiction and not vice-versa.”, the court said.

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History of this topic

Arbitration Agreement Valid Without Specifying 'Applicable Law', 'Seat' Or 'Venue' If Intent To Refer Dispute To Private Tribunal Is Clear: Calcutta HC
1 week ago

Arbitration Agreement Valid Without Specifying 'Applicable Law', 'Seat' Or 'Venue' If Intent To Refer Dispute To Private Tribunal Is Clear: Calcutta HC

Live Law  

The Calcutta High Court bench of Justice Shampa Sarkar has held that for an arbitration agreement to be binding, neither the applicable law nor the seat or venue needs to be mentioned. Observations The court noted that the arbitration clause provided that if the parties were unable to resolve the disputes mutually, the disputes shall be referred to the Vice …

Court At Designated Venue In Arbitration Agreement Can Entertain Application U/S 11 Of Arbitration Act: Bombay High Court
1 month ago

Court At Designated Venue In Arbitration Agreement Can Entertain Application U/S 11 Of Arbitration Act: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the court having supervisory over designated venue of the Arbitration proceedings would have jurisdiction to entertain application under section 11 of the Arbitration and Conciliation Act, 1996 in absence of any contrary indicia indicating any other place to be the seat of arbitration. Observations: The court rejected the …

Court Having Jurisdiction Over Seat Of Arbitration Would Be Entitled To Entertain Petition U/S 34 Of Arbitration Act: Jharkhand High Court
1 month, 1 week ago

Court Having Jurisdiction Over Seat Of Arbitration Would Be Entitled To Entertain Petition U/S 34 Of Arbitration Act: Jharkhand High Court

Live Law  

The Jharkhand High Court bench of Justice Sanjay Kumar Dwivedi has held that the court having jurisdiction over the seat of Arbitration would be entitled to entertain a petition under section 34 of the Arbitration Act. The opposite party challenged the maintainability of section 34 petition on the ground that since the arbitrator had been appointed by the Orissa High …

[S.16 Arbitration Act] Jurisdiction Of Tribunal Cannot Be Challenged After Submission Of Defence: Allahabad High Court
1 month, 2 weeks ago

[S.16 Arbitration Act] Jurisdiction Of Tribunal Cannot Be Challenged After Submission Of Defence: Allahabad High Court

Live Law  

The Allahabad High Court has held that as per Section 16 of the Arbitration and Conciliation Act, 1996, the jurisdiction of an arbitral tribunal cannot be challenged after submission of defence and that the arbitral tribunal is empowered to adjudicate on its own jurisdiction. The bench of Justice Siddhartha Varma and Dr. Justice Yogendra Kumar Srivastava held “Section 16 of …

Appeal U/S 37 Of Arbitration Act Not Maintainable Against Order Under O.VII R.10 CPC: Punjab And Haryana High Court
1 month, 2 weeks ago

Appeal U/S 37 Of Arbitration Act Not Maintainable Against Order Under O.VII R.10 CPC: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court bench comprising of Justice Arun Palli and Justice Vikram Aggarwal has held that an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 Act read with Section 13 of the Commercial Courts Act, 2015 is not maintainable against an order passed under Order VII Rule 10 of the CPC directing the return …

[Seat vs. Venue] Designated “Seat” Of Arbitration Has Exclusive Jurisdiction: Calcutta High Court Reiterates
1 month, 3 weeks ago

[Seat vs. Venue] Designated “Seat” Of Arbitration Has Exclusive Jurisdiction: Calcutta High Court Reiterates

Live Law  

The Calcutta High Court bench of Justice Soumen Sen and Justice Biswaroop Chowdhury has held that once the “seat” of arbitration is designated in an agreement, it is to be treated as the exclusive jurisdiction for all arbitration proceedings. The Court held that Mumbai would be both the seat and the venue of arbitration, and that Bombay High Court or …

Supreme Court Critiques Judicial Overreach in Arbitration
2 months ago

Supreme Court Critiques Judicial Overreach in Arbitration

Deccan Chronicle  

The Supreme Court of India has delivered a significant critique of the judiciary's expanding role in arbitration, highlighting how “overbearing intellectualisation” by courts has become a major issue, undermining the efficacy of Indian arbitration. The Court raised concerns about how a strict interpretation of the legal provisions governing arbitration had been hindering the right of parties to challenge arbitral awards. …

Court's Jurisdiction U/S 34 Of Arbitration Act Against Award Under MSMED Act Is Determined By Agreement Between Parties: Gujarat HC
2 months, 1 week ago

Court's Jurisdiction U/S 34 Of Arbitration Act Against Award Under MSMED Act Is Determined By Agreement Between Parties: Gujarat HC

Live Law  

The Gujarat High Court bench of Mrs. Chief Justice Sunita Agarwal and Mr.Justice Pranav Trivedi of has held that the jurisdiction of the Court to hear the application under Section 34 of the Arbitration Act' 1996 as to challenge the award passed under Section 18 of the MSMED Act' 2006, would be governed by the agreement between the parties which …

Arbitration Cases Annual Digest 2024
2 months, 2 weeks ago

Arbitration Cases Annual Digest 2024

Live Law  

Supreme Court Supreme Court Issues Notice On Plea Challenging Validity Of Section 3G Of National Highways Act Case Title: B.D. 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 …

Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court
3 months ago

Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court

Live Law  

The Gujarat High Court bench of Justice Divyesh A. Joshi has held that mere existence of arbitration clause in the agreement does not bar jurisdiction of the civil court automatically. Courts generally construe the provisions strictly when jurisdiction of the civil courts is claimed to be excluded.” It further observed that in ITI Ltd. vs. Siemens Public Communications Network Ltd.,, …

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

Arbitration Monthly Digest: November, 2024
3 months, 2 weeks ago

Arbitration Monthly Digest: November, 2024

Live Law  

Supreme Court Government Entity Can't Be Given Differential Treatment While Staying Operation Of Arbitral Award : Supreme Court Case Title: International Seaport Dredging Pvt Ltd Versus Kamarajar Port Limited, Case Number- Civil Appeal No 12097 of 2024 Recently, the Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the …

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 months, 2 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 …

Court Which Appointed Arbitrator Has Jurisdiction To Substitute Arbitrator Or Extend Time U/S 29 Of Arbitration Act: Delhi High Court
Trending News
3 months, 2 weeks ago

Court Which Appointed Arbitrator Has Jurisdiction To Substitute Arbitrator Or Extend Time U/S 29 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Subramonium Prasad held that the term "Court" under Section 29A must mean only to be the Court which has appointed the arbitrator and therefore the Court to extend the time or substitute the arbitrator would only be the Court which has appointed the arbitrator and no other Court. Observation of the court: The …

Court Having Exclusive Jurisdiction Would Have Juridical Seat Of Arbitration: Delhi High Court
3 months, 2 weeks ago

Court Having Exclusive Jurisdiction Would Have Juridical Seat Of Arbitration: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Sachin Datta has held that where exclusive jurisdiction has been conferred on a court with respect to matters relating to arbitration, the same shall be construed to be a clear 'contrary indicia' and that the court, upon which exclusive jurisdiction has been conferred, would be the juridical seat of arbitration. So, it is …

Himachal Pradesh High Court Reiterates Limited Scope Of Court Intervention U/S 34 & 37 Of Arbitration & Conciliation Act
3 months, 3 weeks ago

Himachal Pradesh High Court Reiterates Limited Scope Of Court Intervention U/S 34 & 37 Of Arbitration & Conciliation Act

Live Law  

The Himachal Pradesh High Court bench of Justice Virender Singh has reiterated that the scope of interference with arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, is narrow and not akin to appellate jurisdiction. Brief Facts: The Government of India, by a notification under Section 3 of the National Highways Act, 1956, acquired land …

Court's Supervisory Role Over Arbitral Proceedings Would Be Determined As Per CPC If No Neutral Location Is Specified: Delhi High Court
3 months, 3 weeks ago

Court's Supervisory Role Over Arbitral Proceedings Would Be Determined As Per CPC If No Neutral Location Is Specified: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Jasmeet Singh affirmed that if there is a neutral location specified in the contract data, that location would be the place of arbitration and the court having supervisory jurisdiction over the place would have jurisdiction. Contentions The petitioner submitted that the Clause 20.6 contains the place of arbitration as “neutral location” specified in …

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC
Trending News
3 months, 3 weeks ago

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC

Live Law  

The Delhi High Court bench of Justice Sachin Datta has held that the objections as regards the capacity of the party to initiate arbitration is an aspect which is necessarily required to be gone into the arbitration proceedings, however, the same could not preclude the constitution of an Arbitral Tribunal. The court held that a party may raise appropriate jurisdictional/preliminary …

Referral Court Has Limited Role U/S 11 Of Arbitration Act To Verify Existence Of Arbitration Agreement: Rajasthan High Court
Trending News
3 months, 3 weeks 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 …

Arbitration Weekly Round-Up: 4th November To 10th November 2024
4 months ago

Arbitration Weekly Round-Up: 4th November To 10th November 2024

Live Law  

Supreme Court Government Entity Can't Be Given Differential Treatment While Staying Operation Of Arbitral Award : Supreme Court Case Title: International Seaport Dredging Pvt Ltd Versus Kamarajar Port Limited, Case Number- Civil Appeal No 12097 of 2024 Recently, the Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the …

Arbitration Monthly Digest: October 2024
4 months, 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 …

Institutionalizing Arbitration: The Crucial Role of Domain Experts in India's Appellate Tribunals
4 months, 2 weeks ago

Institutionalizing Arbitration: The Crucial Role of Domain Experts in India's Appellate Tribunals

Live Mint  

Legal experts emphasize the importance of the right talent to yield successful results in arbitration tribunals. The introduction of appellate tribunals dedicated to arbitration would require the inclusion of domain experts to ensure technical accuracy and adherence to specialized sector rules. This would help retain cases within the country and establish India as a global arbitration hub.

Delhi High Court Rules on Appointment of Arbitral Tribunal: Invalid Procedures Before Improper Arbitral Tribunal Are Non-Est
4 months, 3 weeks 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
5 months, 1 week 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
7 months 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 Clause Valid Despite Even Number Of Arbitrators: Delhi High Court Allows Section 11(6) Petition
9 months 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 Requires Dispute Arising From Agreement, Unrelated Disputes Ineligible for Arbitration: Rajasthan High Court
9 months ago

Arbitration Requires Dispute Arising From Agreement, Unrelated Disputes Ineligible for Arbitration: Rajasthan High Court

Live Law  

The Rajasthan High Court bench of Justice Rekha Borana held that arbitration hinges on the presence of a dispute arising from the agreement between the involved parties. Feeling aggrieved, the Applicant approached the Rajasthan High Court and filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of the arbitrator. The award of the …

The Significance Of The Seat Of Arbitration
9 months, 1 week ago

The Significance Of The Seat Of Arbitration

Live Law  

Seat of arbitration refers to the legal jurisdiction where the arbitration is supposed to take place. In the case of Devyani International Ltd. v. Siddhivinayak Builders and Developers,, the Hon'ble Delhi High Court encountered a legal issue wherein clause 11 of the agreement specified the seat of arbitration as Delhi. The parties agreeing to the seat of arbitration being at …

Now Is The Time For Countries Like India To Promote A Culture Of Commercial Arbitration: CJI DY Chandrachud
9 months, 1 week ago

Now Is The Time For Countries Like India To Promote A Culture Of Commercial Arbitration: CJI DY Chandrachud

Live Law  

Chief Justice of India DY Chandrachud, while delivering a speech at the UK Supreme Court, opined that that now is the time for countries such as India to focus on building a strong culture of commercial arbitration. CJI was delivering the speech on “ Law and Practice of commercial arbitration: Shared understandings and developments in UK and India.” At the …

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
9 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 …

Specialised Arbitration And The Transformation Of Indian Dispute Resolution
9 months, 3 weeks ago

Specialised Arbitration And The Transformation Of Indian Dispute Resolution

Live Law  

Arbitration in the recent times has emerged as a promising solution for litigants struggling to get prompt assistance from the overwhelmed Indian Courts. An alternative perspective can be that as long as the Arbitrators possess the requisite expertise, the choice between a Specialised Arbitration Centre, a Generalist Arbitration Centre or an Ad Hoc arrangement will not significantly impact the outcome …

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

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

Arbitration Weekly Round Up: 26th May 2024 To 2nd June 2024
1 year ago

Arbitration Weekly Round Up: 26th May 2024 To 2nd June 2024

Live Law  

Delhi High Court Awarding Interest Rate Is Discretion Of Arbitrator, Can't Be Claimed As Matter Of Right: Delhi High Court Case Title: M/S Space 4 Business Solution Pvt Ltd Vs The Divisional Commissioner Principal Secretary And Anr. The bench held that: “whether to grant or refuse the interest on the principle amount, is the absolute discretion of the learned Arbitrator.” …

Seat Of Arbitration Inferred By Contractual Clauses & Conduct Of Parties, Venue Is Considered Seat In Absence Of Other Indications: Delhi High Court
1 year ago

Seat Of Arbitration Inferred By Contractual Clauses & Conduct Of Parties, Venue Is Considered Seat In Absence Of Other Indications: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Anup Jairam Bhambhani held that mere expression of "place of arbitration" does not automatically indicate the seat and the determination of the seat should be inferred from other clauses in the agreement and the conduct of the parties. Ltd filed an application under Section 11 of the Arbitration & Conciliation Act 1996 …

Generic Exclusive Jurisdiction Clause In Agreement Doesn't Supersede Courts' Jurisdiction Of Arbitration Seat: Delhi High Court
1 year, 1 month ago

Generic Exclusive Jurisdiction Clause In Agreement Doesn't Supersede Courts' Jurisdiction Of Arbitration Seat: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Sachin Datta held that even if the agreement specifies exclusive jurisdiction on a different court, courts having jurisdiction over the seat of arbitration retain supervisory authority over the arbitral process. Therefore, it held that the presence of a generic exclusive jurisdiction clause does not diminish Delhi courts' jurisdiction as the seat of …

Exclusive Supervisory Jurisdiction Granted To Court Receiving First Application Under Arbitration Act, Bombay HC Limits Territorial Jurisdiction
1 year, 1 month ago

Exclusive Supervisory Jurisdiction Granted To Court Receiving First Application Under Arbitration Act, Bombay HC Limits Territorial Jurisdiction

Live Law  

The Bombay High Court bench comprising Justice Neela Gokhale held that in cases where an application has been made in a court concerning an arbitration agreement, that court alone possesses jurisdiction over an application for appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. Aggrieved by the same, the Petitioner filed a petition under Section 11 …

Supreme Court Judgements On Arbitration In 2023
1 year, 2 months ago

Supreme Court Judgements On Arbitration In 2023

Live Law  

Starting Point Of Limitation U/ Section 34 Arbitration Act In Cases Of Suo Motu Correction Of Award: Supreme Court Explains The Supreme Court observed that the starting point for the limitation under Section 34 Arbitration and Conciliation Act, in case of suo moto correction of the award, would be the date on which the correction was made and the corrected …

Arbitration Cases Weekly Round-Up: 6th November - 12th November
1 year, 4 months ago

Arbitration Cases Weekly Round-Up: 6th November - 12th November

Live Law  

Supreme Court Court Can Examine If Arbitration Clause Is Arbitrary & Violates Article 14 While Considering S.11 Application: Supreme Court Case Title: Lombardi Engineering Ltd v. State of Uttarakhand Citation: 2023 LiveLaw 958 In a significant judgment, the Supreme Court held that a clause in an arbitration agreement which is not in consonance with the Constitution cannot be enforced. Case: …

Arbitration Monthly Round-Up: October 2023
1 year, 4 months ago

Arbitration Monthly Round-Up: October 2023

Live Law  

Supreme Court Arbitration | Awarding Claim For Loss Of Profit Without Substantial Evidence Is In Conflict With Public Policy Of India: Supreme Court Case Title: M/S UNIBROS v. ALL INDIA RADIO, ARISING OUT OF SLP NO. In allowing the plea for appointment of an arbitrator u/s 11 of the Act, a single-bench of Justice Moushumi Bhattacharya noted that “a turning …

Designation Of Venue Of Arbitration Tantamount To Seat Of Arbitration In Absence Of A Significant Contrary Indicia: Delhi High Court Reiterates
1 year, 4 months ago

Designation Of Venue Of Arbitration Tantamount To Seat Of Arbitration In Absence Of A Significant Contrary Indicia: Delhi High Court Reiterates

Live Law  

The High Court of Delhi has held that the venue of arbitration would actually be the seat of arbitration when the agreement does not contain any contrary indicia. It held that clause proving for venue of arbitration would have a superseding effect over a clause providing for exclusive jurisdiction on any other Court if the parties have expressly made the …

Differentiating Jurisprudence On Pre-Condition To Invoke Arbitration
1 year, 5 months ago

Differentiating Jurisprudence On Pre-Condition To Invoke Arbitration

Live Law  

In India, it is a common trend to incorporate a pre-condition under the arbitration agreement to follow certain conditions to invoke the dispute resolution clause. Ltd. v. DLF Commercial Complexes, the Delhi High Court emphasized upon the importance of fulfillment to fulfill the pre-condition of mutual discussion before commencing arbitration. The recent observation by the Delhi High Court in Oasis …

Top 10 Arbitration Judgments [January To September 2023]
1 year, 5 months ago

Top 10 Arbitration Judgments [January To September 2023]

Live Law  

In recent times, several noteworthy judgments have been rendered by the Indian Courts in matters relating to the law of arbitration in India. Prior to the 2019 amendment, Section 34 of the Arbitration Act read that "an arbitral award could be set aside by the Court only if the the party making the application furnishes proof…". In conclusion, the Supreme …

Arbitration Cases Weekly Round-Up: 14 to 20 August 2023
1 year, 6 months ago

Arbitration Cases Weekly Round-Up: 14 to 20 August 2023

Live Law  

Supreme Court: Arbitration Award Cannot Be Set Aside On Mere Possibility Of An Alternative View On Facts Or Interpretation Of Contract: Supreme Court Case Title: Konkan Railway Corporation Limited vs Chenab Bridge Project Undertaking The Supreme Court observed that Arbitration awards cannot be set aside on mere possibility of an alternative view on facts or interpretation of the contract. Calcutta …

Arbitration Cases Weekly Round- Up: 11 June To 17 June 2023
1 year, 8 months ago

Arbitration Cases Weekly Round- Up: 11 June To 17 June 2023

Live Law  

High Courts: Allahabad High Court: Facilitation Council Which Was The Conciliator Under MSMED Act, Can Arbitrate The Dispute; Bar Contained In S. 80 Of Arbitration Act Not Applicable: Allahabad High Court Case Title: Bata India Limited & Anr. Bombay High Court: Arbitration: Application For Amendment Of Statement Of Claims Can Be Opposed On All Available Grounds, Including Ground Of Delay: …

Arbitration Cases Weekly Round-Up: 14 To 20 May, 2023
1 year, 9 months ago

Arbitration Cases Weekly Round-Up: 14 To 20 May, 2023

Live Law  

Supreme Court: Referral Court Has Duty To Conclusively Decide Issue Of ‘Existence & Validity Of Arbitration Agreement’ Raised At Pre-Referral Stage: Supreme Court Case Title: Magic Eye Developers Pvt. High Courts: Calcutta High Court: Arbitration: Calcutta High Court Allows S. 11 Application Being Consolidated Claim Under Different Purchase Orders Linked To A Single Main Contract Case Title: Godrej & Boyce …

Clause Captioned As “Arbitration”, Doesn’t Conclusively Imply Mandatory Nature Of Arbitration: Bombay High Court
2 years ago

Clause Captioned As “Arbitration”, Doesn’t Conclusively Imply Mandatory Nature Of Arbitration: Bombay High Court

Live Law  

The Bombay High Court has ruled that the use of the word ‘can’ in the relevant clause has the effect of qualifying Arbitration as a mode of settlement, and the mere fact that a particular clause is captioned as “Arbitration”, does not conclusively imply the mandatory nature of arbitration when the option is left to the parties to settle their …

Judiciary must step in to ensure an effective arbitration ecosystem: CJI
2 years, 1 month ago

Judiciary must step in to ensure an effective arbitration ecosystem: CJI

Hindustan Times  

The judiciary has to play an important role in ensuring an effective arbitration ecosystem by stepping in to protect the independence and impartiality of arbitral proceedings, Chief Justice of India DY Chandrachud said on Thursday, while also stressing on the need for a “gender-diverse arbitral pool” to bring experiential learning to the entire process. Not least of those interventions is …

Arbitration Cases Monthly Round-Up: January 2023
2 years, 1 month ago

Arbitration Cases Monthly Round-Up: January 2023

Live Law  

Supreme Court: Starting Point Of Limitation U/ Section 34 Arbitration Act In Cases Of Suo Motu Correction Of Award: Supreme Court Explains Case Title: USS Alliance versus State of Uttar Pradesh The Supreme Court has observed that the starting point for the limitation under Section 34 Arbitration and Conciliation Act, in case of suo moto correction of the award, would …

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