Party's Participation Insufficient To Infuse Life To Arbitral Proceedings If Award Is Void Due To Arbitrator's Ineligibility: Delhi HC Opines Prima Facie
2 years, 8 months ago

Party's Participation Insufficient To Infuse Life To Arbitral Proceedings If Award Is Void Due To Arbitrator's Ineligibility: Delhi HC Opines Prima Facie

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Expressing a prima facie opinion, the Delhi High Court has observed that the participation of any party is not sufficient to infuse life to arbitral proceedings if the award is void ab initio on the ground of ineligibility of an arbitrator. Justice Vibhu Bakhru made the said observation while staying the enforcement of an arbitral award in the case of Ruia Exports & Another v. Expressing a prima facie opinion, the Delhi High Court has observed that the participation of any party is not sufficient to infuse life to arbitral proceedings if the award is void ab initio on the ground of ineligibility of an arbitrator. Justice Vibhu Bakhru made the said observation while staying the enforcement of an arbitral award in the case of Ruia Exports & Another v. Moneywise Financial Services Private Limited & Others. "Prima facie, if the award is void ab initio on the ground of ineligibility of an arbitrator, the participation of any party in the arbitral proceedings may not be sufficient to infuse life to the arbitral proceedings," the Court said.

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History of this topic

Delhi High Court Stays Arbitral Proceedings Where Petitioner's Defence Was Struck-Off Due To Non-Payment Of Arbitral Fees
3 weeks, 6 days ago

Delhi High Court Stays Arbitral Proceedings Where Petitioner's Defence Was Struck-Off Due To Non-Payment Of Arbitral Fees

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The Delhi High Court bench of Justice Sanjeev Narula has held that the striking off of the defence of the Petitioner for non-payment of arbitral fees is a drastic measure that exceeds the jurisdiction of the Arbitrator. The court noted that “Section 38 of the Arbitration and Conciliation Act stipulates that parties shall deposit equal shares of the arbitral fees. …

Arbitral Award Without Rationale For Damages Is Ex Facie Contrary To Settled Law, Can Be Set Aside: Delhi High Court
1 month, 1 week ago

Arbitral Award Without Rationale For Damages Is Ex Facie Contrary To Settled Law, Can Be Set Aside: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta has observed that any award of damages, on the touch stone of Section 73 of the Indian Contract Act, must be predicated on actual loss suffered. Observations: The court held that the impugned award did not warrant interference under section 34 of the Arbitration Act being predicated on a plausible interpretation …

De-Jure Ineligibility To Act As Arbitrator U/S 12(5) Of Arbitration Act Can Be Waived Only By Express Agreement In Writing: Delhi High Court
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1 month, 1 week ago

De-Jure Ineligibility To Act As Arbitrator U/S 12(5) Of Arbitration Act Can Be Waived Only By Express Agreement In Writing: Delhi High Court

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The Delhi High Court bench of Justice Sachin Datta affirmed that de jure ineligibility to act as an arbitrator can only be waived, after dispute having arisen, by the parties by an express agreement in writing under proviso to section 12 of the Arbitration Act. The court referred to the Delhi High Court judgment in Reliance Infrastructure Limited v. Madhyanchal …

Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court
1 month, 1 week ago

Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court

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The Delhi High Court bench of Justice Sachin Datta has held that conduct of the parties has to be seen before granting equitable relief for specific performance of the contract. Brief Facts The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 assails an arbitral award dated 12.04.2022, whereby the arbitral tribunal has refused to grant specific …

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 …

Squelch Will Of Parties In Consumer Welfare Issues: Supreme Court Of India
5 months ago

Squelch Will Of Parties In Consumer Welfare Issues: Supreme Court Of India

Live Law  

The Supreme Court, in M. Hemalatha Devi and Ors. The SC delved in deliberation regarding the conflict caused due to the interplay between the 1980 Act and arbitration proceedings in Fair Air Engineers Ltd. v. N. K. Modi, 6 SCC 385 wherein SC noted that, considering the purpose of the 1980 Act which is for relieving the consumer from the …

Arbitral Tribunal Can Award Compensation For Breach If Contract Is Incapable Of Specific Performance: Delhi High Court
5 months, 1 week ago

Arbitral Tribunal Can Award Compensation For Breach If Contract Is Incapable Of Specific Performance: Delhi High Court

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The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju has held that the arbitral tribunal may exercise its power to award compensation for breach if a Contract has become incapable of specific performance. The Appellant's petition under Section 34 was dismissed, with the High Court noting that it cannot interfere with the arbitral tribunal's findings …

Arbitrator Failed To Deal With Material Contentions, Arbitral Award Would Not Satisfy The Requirement Of A Reasoned Award: Delhi High Court
8 months ago

Arbitrator Failed To Deal With Material Contentions, Arbitral Award Would Not Satisfy The Requirement Of A Reasoned Award: Delhi High Court

Live Law  

The High Court of Delhi has held that when the arbitral tribunal fails to deal with submissions of a party on a contentious issue, the resultant award would not fulfil the requirements of a reasoned award as required under Section 31 of the A&C Act. It held that the tribunal cannot simply accept unquantified claims without assigning reasons and without …

An Award Issued By Unilaterally Appointed Arbitrator Can Be Contested For Invalidity Of Appointment, Even By The Appointing Party: Delhi High Court
8 months ago

An Award Issued By Unilaterally Appointed Arbitrator Can Be Contested For Invalidity Of Appointment, Even By The Appointing Party: Delhi High Court

Live Law  

The High Court of Delhi has held that an award passed by a unilaterally appointed arbitrator can be challenged on ground of invalidity of such appointment and consequent lack of jurisdiction even by the party who made such an appointment. Analysis by the Court The Court relied observed that the Apex Court in Bharat Broadband Network Ltd. vs. United Telecom …

Final Determination On Question Of Arbitrability Should Be Made By The Arbitrator: Delhi High Court
8 months, 2 weeks ago

Final Determination On Question Of Arbitrability Should Be Made By The Arbitrator: Delhi High Court

Live Law  

The High Court of Delhi has held that final determination on the issue of arbitrability of the dispute and the subject matter should be made by the arbitrator. It held that the scope of Court exercising power under Section 11 of the A&C Act is limited to a prima facie examination of the existence of the agreement. Upon the failure …

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 …

Non Filing Of Arbitral Award Along Section 34 Is A Fatal Defect, Makes Filing Non-Est: Delhi High Court Dismisses Section 34 Petition
9 months, 2 weeks ago

Non Filing Of Arbitral Award Along Section 34 Is A Fatal Defect, Makes Filing Non-Est: Delhi High Court Dismisses Section 34 Petition

Live Law  

The Delhi High Court single bench of Justice Prateek Jalan held that non filing of the arbitral award along with the Petition under Section 34 of the Arbitration and Conciliation Act, 1996 is a fatal defect, making such filing as non-est. Brief Facts: The Petitioner approached the Delhi High Court and filed a petition under Section 34 of the Arbitration …

Arbitral Award With Internal Contradictions Is Perverse And Patently Illegal; Delhi High Court allows Section 34 Petition
10 months ago

Arbitral Award With Internal Contradictions Is Perverse And Patently Illegal; Delhi High Court allows Section 34 Petition

Live Law  

The Delhi High Court single bench comprising Justice Sachin Datta held that an award suffering from internal contradictions is considered perverse and patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996. The Petitioner challenged the arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 in the Delhi High Court. The Petitioner challenged the impugned …

Arbitral Award Lacking Adequate Reasoning Is Inherently Flawed With Patent Illegality: Delhi High Court Allows Section 34 Petition
10 months ago

Arbitral Award Lacking Adequate Reasoning Is Inherently Flawed With Patent Illegality: Delhi High Court Allows Section 34 Petition

Live Law  

The Delhi High Court single bench of Justice Mohan Kumar Ohri held that an arbitral award lacking adequate reasoning suffers from the inherent flaw of patent illegality. Thereafter, the Petitioner approached the Delhi High Court and challenged the award under Section 34 of the Arbitration and Conciliation Act, 1996 on the ground of absence of pre-award interest. The High Court …

Issues Related To Bias Of An Arbitrator And Conduct Of Arbitral Proceedings Cannot Be Determined Under Section 29A Of The A&C Act: Delhi High Court Reiterates
11 months ago

Issues Related To Bias Of An Arbitrator And Conduct Of Arbitral Proceedings Cannot Be Determined Under Section 29A Of The A&C Act: Delhi High Court Reiterates

Live Law  

The High Court of Delhi has held that an issue related to the bias of an arbitrator in conducting the arbitral proceedings cannot be determined by a Court while dealing with the application under Section 29A of the A&C Act. It held that the grievance of a party with the conduct of arbitral proceedings or any other substantive challenge cannot …

Arbitration and Conciliation Act | Mere Violation Of Substantive Law By Itself Not A Valid Reason To Set Aside Arbitral Award: Jharkhand High Court
11 months ago

Arbitration and Conciliation Act | Mere Violation Of Substantive Law By Itself Not A Valid Reason To Set Aside Arbitral Award: Jharkhand High Court

Live Law  

The Jharkhand High Court while dismissing an appeal directed challenging the Commercial Court's dismissal of a Section 34 Petition against an arbitrator's award, has held that a mere contravention of substantive law by itself does not constitute a valid ground for setting aside an arbitral award subsequent to the 2015 amendment in the Arbitration and Conciliation Act, 1996. The division …

Arbitral Award Can't Be Challenged On Ground Of Bias Of Arbitrator If No Challenge Was Made During Arbitral Proceedings: Delhi High Court
11 months, 1 week ago

Arbitral Award Can't Be Challenged On Ground Of Bias Of Arbitrator If No Challenge Was Made During Arbitral Proceedings: Delhi High Court

Live Law  

The High Court of Delhi has held that an arbitral award cannot be challenged on the ground of bias of arbitrator if no challenge to bias was made during the pendency of arbitral proceedings. The bench of Justice Pratibha M. Singh held that a party that has fully participated in the arbitral proceedings without raising any challenge to the jurisdiction …

Signed Arbitral Award Served On Lawyer Or Agent Of The Party Doesn't Constitute A Valid Delivery : Delhi High Court
11 months, 3 weeks ago

Signed Arbitral Award Served On Lawyer Or Agent Of The Party Doesn't Constitute A Valid Delivery : Delhi High Court

Live Law  

The High Court of Delhi has held that a copy of the signed arbitral award served only on the lawyer or the agent of the party does not constitute a valid delivery in absence of the delivery on the party itself. The Appellant/MoHFW challenged both the Arbitral Award and the Corrigendum Order before the learned Single Judge under Section 34 …

Right Of A Party To Nominate 2/3rd Of The Arbitral Tribunal Violates Counter-Balancing: Delhi High Court Reiterates
1 year ago

Right Of A Party To Nominate 2/3rd Of The Arbitral Tribunal Violates Counter-Balancing: Delhi High Court Reiterates

Live Law  

The High Court of Delhi has held that an arbitration clause that confers on a party the right to nominate 2/3rd of arbitral tribunal violates the principles of 'counter-balancing' as sought to be achieved by the Supreme Court in the landmark judgment in Perkins. That the Supreme Court in CORE has upheld the validity of a similarly worded arbitration clause …

Arbitrator Failed To Consider Document Based On Procedural Defects, Delhi High Court Sets Aside Award
1 year, 2 months ago

Arbitrator Failed To Consider Document Based On Procedural Defects, Delhi High Court Sets Aside Award

Live Law  

The High Court of Delhi has held that an arbitrator should not refuse to take on record any additional material evidence merely on the ground of certain procedural ground such as non-payment of costs by the party tendering such evidence. The bench of Justice Neena Bansal Krishna held that failure of the arbitrator to take on record important additional evidence …

Orders Of Arbitral Tribunal Not Signed By All Arbitrators And Absence Of An Arbitrator During Certain Proceedings, Cannot Be A Ground To Set Aside Award: Delhi High Court
1 year, 6 months ago

Orders Of Arbitral Tribunal Not Signed By All Arbitrators And Absence Of An Arbitrator During Certain Proceedings, Cannot Be A Ground To Set Aside Award: Delhi High Court

Live Law  

The Delhi High Court has reiterated that procedural irregularity cannot be a ground to set aside the Arbitral Award unless such irregularity goes to the root of the matter and shocks the conscience of the Court, thus making the Award illegal. The bench remarked that procedural irregularities like some of the Orders of the Arbitral Tribunal not being signed by …

Intention Of Legislature Is To Limit The Interference By The Courts In The Process Of Arbitration: Delhi HC
1 year, 7 months ago

Intention Of Legislature Is To Limit The Interference By The Courts In The Process Of Arbitration: Delhi HC

Live Law  

The Delhi High Court while dismissing the Petitions filed under Section 34 of Arbitration and Conciliation Act, 1996 has observed that it was deemed necessary by the legislature as well as the Courts to limit the interference by the Courts in the process of Arbitration, especially after the proceedings had been concluded. The Court also observed that unfettered intervention in …

Agreement Between The Parties “Birth-Giver”; Arbitrator Can’t Grant Pre-Award Interest When Agreement Provided For No Interest: Delhi High Court
1 year, 7 months ago

Agreement Between The Parties “Birth-Giver”; Arbitrator Can’t Grant Pre-Award Interest When Agreement Provided For No Interest: Delhi High Court

Live Law  

The Delhi High Court has reiterated that the agreement between the parties has primacy over the powers of the Arbitral Tribunal to grant pre-award interest under Section 31 of the Arbitration and Conciliation Act, 1996. The court thus concluded: “Therefore, the learned Arbitrator has acted well within his power in granting an amount of INR 1.3 Crore on account of …

Arbitral Tribunal’s Order Rejecting The Application For Impleadment Of Party Doesn’t Constitute An ‘Interim Award’: Delhi High Court
1 year, 8 months ago

Arbitral Tribunal’s Order Rejecting The Application For Impleadment Of Party Doesn’t Constitute An ‘Interim Award’: Delhi High Court

Live Law  

The Delhi High Court has reiterated that a party who is a non-signatory to the arbitration agreement, can be impleaded as a necessary party in the arbitration proceedings. The bench of Justices Najmi Waziri and Sudhir Kumar Jain further ruled that the Arbitral Tribunal’s order rejecting the application for impleadment of parties in the arbitral proceedings, does not constitute an …

Arbitrator May Use Own Knowledge And Expertise To Arrive At Conclusion But Must Allow Parties To Present Their Case: Madras High Court
1 year, 10 months ago

Arbitrator May Use Own Knowledge And Expertise To Arrive At Conclusion But Must Allow Parties To Present Their Case: Madras High Court

Live Law  

While granting relief to the Chennai Metro Rail Limited, the Madras High Court has noted that while an arbitral tribunal, which consists of experts in the field, is at liberty to apply its own knowledge and understanding to arrive at a conclusion, it should always allow the parties involved to present their case. Thus, the court noted that when the …

Arbitration Cases Weekly Round-Up: 15 January to 21 January 2022
1 year, 11 months ago

Arbitration Cases Weekly Round-Up: 15 January to 21 January 2022

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Supreme Court: 12 Months Time Limit Under Section 29A Arbitration Act Not Applicable To International Commercial Arbitration: Supreme Court Case Title: TATA Sons Pvt Ltd versus Siva Industries and Holdings Ltd The Supreme Court has held that the time limit of twelve months as prescribed in Section 29A of Arbitration and Conciliation Act is not applicable for international commercial arbitration. …

Award Of Costs By Arbitrator, Not Containing Quantification And Reasons, Is Arbitrary: Delhi High Court
1 year, 11 months ago

Award Of Costs By Arbitrator, Not Containing Quantification And Reasons, Is Arbitrary: Delhi High Court

Live Law  

The Delhi High Court has ruled that the mandate contained in Section 31 of the Arbitration and Conciliation Act, 1996, as per which an arbitral award shall state the reasons on which it is based, must pervade every aspect of the award, including the award of costs. The petitioner challenged the award of pendente-lite interest and costs of proceedings imposed …

‘Limitation’ Doesn’t Involve Any “Basic Notions Of Morality Or Justice”, For Setting Aside Award : Bombay High Court
1 year, 11 months ago

‘Limitation’ Doesn’t Involve Any “Basic Notions Of Morality Or Justice”, For Setting Aside Award : Bombay High Court

Live Law  

The Bombay High Court has ruled that the ground of limitation, being a mixed question of law and fact, can never be a ground which would involve any “basic notions of morality or justice” for setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner, Thomas Cook, submitted before the High Court that …

Participation In Arbitral Proceedings, Does Not Disentitle Party To Challenge Award On Ground Of Unilateral Appointment Of Arbitrator: Bombay High Court
2 years ago

Participation In Arbitral Proceedings, Does Not Disentitle Party To Challenge Award On Ground Of Unilateral Appointment Of Arbitrator: Bombay High Court

Live Law  

The Bombay High Court has ruled that merely because a party participated in the arbitration proceedings, it is not disentitled from challenging the arbitral award on the ground that the arbitration proceedings were vitiated due to the unilateral appointment of the Arbitrator by the opposite party, falling foul of Section 12 read with the Seventh Schedule of the Arbitration and …

Arbitral Award Directing Specific Performance Of Contract, Cannot Be Set Aside On Ground Of Inequitable Nature Of Contract: Madras High Court
2 years, 2 months ago

Arbitral Award Directing Specific Performance Of Contract, Cannot Be Set Aside On Ground Of Inequitable Nature Of Contract: Madras High Court

Live Law  

The Madras High Court has ruled that an arbitral award directing specific performance of a contract, cannot be set aside on the ground that the nature of agreement between the parties was not capable of specific enforcement. The respondents, including J. Vengatesh, submitted before the Single Judge that the sale agreement was inequitable and unfair, and that the arbitral award …

Participation In Arbitral Proceedings Without Protest, In Absence Of Agreement On Seat; Venue Is Also The Seat Of Arbitration: Allahabad High Court
2 years, 3 months ago

Participation In Arbitral Proceedings Without Protest, In Absence Of Agreement On Seat; Venue Is Also The Seat Of Arbitration: Allahabad High Court

Live Law  

The Allahabad High Court has ruled that where the parties have failed to specifically mention the seat of arbitration and have participated in the arbitral proceedings at a place without any protest, the parties shall be said to have determined, by their conduct, the said venue of arbitral proceedings as also the seat of arbitration. The petitioner averred that since …

Arbitral Award With Contradictory Findings Is Liable To Be Set Aside: Calcutta High Court
2 years, 3 months ago

Arbitral Award With Contradictory Findings Is Liable To Be Set Aside: Calcutta High Court

Live Law  

The High Court of Calcutta has held that an arbitral award wherein the arbitrator has given contradictory findings is liable to be set aside. The arbitrator has given contradictory findings regarding the issue of delay in the execution of the work as on one hand it has observed that not a single party cannot be held responsible for the delay …

Prima Facie Case Alone Does Not Entitle A Party To Relief Under Section 17 Of The A&C Act: Delhi High Court
2 years, 5 months ago

Prima Facie Case Alone Does Not Entitle A Party To Relief Under Section 17 Of The A&C Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that a prima facie case alone does not entitle a party to relief under Section 17 of the Arbitration and Conciliation Act, 1996 for interim measures. Against the order of the Arbitral Tribunal directing the appellant to secure the said amount, the appellant filed an appeal before the Delhi High Court. The Court ruled …

The Evolving Jurisprudence Of Enforceability Of Interim Arbitral Awards
2 years, 6 months ago

The Evolving Jurisprudence Of Enforceability Of Interim Arbitral Awards

Live Law  

The 246th report of the Law Commission made certain recommendations to amend section 17 of the Arbitration and Conciliation Act, 1996 with an intent to strengthen this provision which provides for statutory mechanism for the enforcement of the interim measures by arbitral tribunal on the pretext that earlier there was no comprehensive mechanism to enforce the interim measures awarded by …

Inordinate And Unexplained Delay In Rendering Arbitral Award Is Against Public Policy Of India: Delhi High Court
2 years, 7 months ago

Inordinate And Unexplained Delay In Rendering Arbitral Award Is Against Public Policy Of India: Delhi High Court

Live Law  

The Delhi High Court has ruled that inordinate and unexplained delay in rendering the arbitral award is in conflict with the public policy of India and is amenable to challenge under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner filed a petition under Section 34 of the A&C Act against the arbitral award before the Delhi High …

Arbitral Tribunal Cannot Award Interest On Interest: Delhi High Court
2 years, 8 months ago

Arbitral Tribunal Cannot Award Interest On Interest: Delhi High Court

Live Law  

The High Court of Delhi has observed that the arbitral tribunal cannot award interest on the amount of interest already granted in the award. The Award The respondent claimed damages in respect of airlifting charges and service tax and interest on all the claims. Contention of the parties The petitioner challenged the award on the following grounds: The arbitrator erred …

Court Can Appoint An Arbitrator During The Pendency Of An Appeal Against An Award, Set Aside On Reasons Other Than Merit : Bombay High Court
2 years, 8 months ago

Court Can Appoint An Arbitrator During The Pendency Of An Appeal Against An Award, Set Aside On Reasons Other Than Merit : Bombay High Court

Live Law  

The High Court of Bombay has held that when an award is set aside for other reasons and not on merit, the parties are well within their rights to initiate fresh arbitration in respect of the same claims and pendency of an appeal against such an order is not a ground to refuse the appointment. Menon has further held that …

Arbitral Award Cannot Be Set Aside Merely On The Ground Of Erroneous Application Of Law Or Misappreciation Of Evidence : Supreme Court
2 years, 8 months ago

Arbitral Award Cannot Be Set Aside Merely On The Ground Of Erroneous Application Of Law Or Misappreciation Of Evidence : Supreme Court

Live Law  

The Supreme Court, on Wednesday, held that apart from the grounds mentioned in Section 34 of the Arbitration and Conciliation Act, 2013, an arbitral award can be set aside only when it is vitiated by patent illegality, and not on ground of erroneous application of law or by misappreciation of evidence. A Bench comprising Justices Ajay Rastogi and Sanjiv Khanna …

Blanket Forbearance From Modifying An Arbitral Award – How Far Justiciable?
2 years, 8 months ago

Blanket Forbearance From Modifying An Arbitral Award – How Far Justiciable?

Live Law  

Non-interference of courts, except to the extent of supervision, is the spinal cord of arbitration legislations across the jurisdictions. In M. Hakeem, the Court has settled that at the stage of the challenge of an arbitral award i.e., an application under section 34 of the Indian Arbitration and Conciliation Act, 1996, the court can either set aside the arbitral award …

Objections Against Enforcement Of Foreign Arbitral Award Can't Be Filed In A Piecemeal Manner: Delhi High Court Imposes 1 Lakh Cost
2 years, 10 months ago

Objections Against Enforcement Of Foreign Arbitral Award Can't Be Filed In A Piecemeal Manner: Delhi High Court Imposes 1 Lakh Cost

Live Law  

The Delhi High Court has held that a Judgement Debtor cannot be permitted under Section 48 of the Arbitration and Conciliation Act, 1996, to file its objections against enforcement of an arbitral award in a piecemeal manner. Justice Vibhu Bakhru held,"The respondent cannot file its opposition in a piecemeal manner. Sufficient opportunity was granted to the respondent to file its …

Arbitration Court Not Empowered To Embark On Fact-Finding Exercise While Deciding Application For Setting Aside Arbitral Award: Madras High Court
3 years, 9 months ago

Arbitration Court Not Empowered To Embark On Fact-Finding Exercise While Deciding Application For Setting Aside Arbitral Award: Madras High Court

Live Law  

"While it is not necessary for an arbitral award to justify every paisa or a rupee awarded to the claimant, the broad premise on which the quantum is founded has to be discernible from award itself for the award to be meaningful or even intelligible in legal terms," observed the Madras High Court recently. A Division Bench comprising of Chief …

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