Chief Justice Can Appoint Independent Arbitrator Though An Arbitrator Is Named In Agreement: SC [Read Judgment]
7 years, 11 months ago

Chief Justice Can Appoint Independent Arbitrator Though An Arbitrator Is Named In Agreement: SC [Read Judgment]

Live Law  

The Supreme Court, in Union of India vs. Besco Ltd, has held that even if an arbitrator is specified in the agreement for arbitration, the chief justice or the designated judge is free to appoint an independent arbitrator, having due regard to the qualification, if circumstances so warrant.A bench comprising Justice Kurian Joseph and Justice R Banumathi upheld a high court judgment which. The Supreme Court, in Union of India vs. Besco Ltd, has held that even if an arbitrator is specified in the agreement for arbitration, the chief justice or the designated judge is free to appoint an independent arbitrator, having due regard to the qualification, if circumstances so warrant. A bench comprising Justice Kurian Joseph and Justice R Banumathi upheld a high court judgment which had nominated an independent arbitrator, on the ground that petitioner had lost the mandate to appoint an arbitrator since it failed to appoint the arbitrator within the permitted time. Referring to some decisions in this aspect, the court observed: “Though an arbitrator is specified in the agreement for arbitration, if circumstances so warrant, the Chief Justice or the designated Judge is free to appoint an independent arbitrator, having due regard to the qualification, if any, and other aspects as required under Section 11 of the Act.” The court also, in the facts of the case, observed that, there is no stipulation for the appointment of a railway officer and it can be any person.

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History of this topic

Party Cannot Be Forced To Accept Arbitrator Who Has Conflict Of Interest, Violates Principles Of Natural Justice And Fair Trial: J&K High Court
2 weeks, 5 days ago

Party Cannot Be Forced To Accept Arbitrator Who Has Conflict Of Interest, Violates Principles Of Natural Justice And Fair Trial: J&K High Court

Live Law  

The Jammu and Kashmir High Court held that a party could not be forced to accept an arbitrator who has a conflict of interest, as the same would violate the principles of a fair trial. The court, therefore, appointed a former District & Sessions Judge as the independent sole arbitrator, who would proceed to hear the dispute and pass a …

Named Arbitrator Cannot Be Replaced Unless There Is Evidence Of Partiality Or Bias Against Them: Andhra Pradesh HC
1 month ago

Named Arbitrator Cannot Be Replaced Unless There Is Evidence Of Partiality Or Bias Against Them: Andhra Pradesh HC

Live Law  

The Andhra Pradesh High Court bench of Justice Dhiraj Singh Thakur has held that the request for seeking appointment of an independent arbitrator other than the named arbitrator cannot be entertained if there is no evidence to show that the named arbitrator would act in a partial or biased manner. ' The Supreme Court in Indian Oil Corporation Limited and …

Concept Of Appointing Named Arbitrator Who Is An Interested Party Is No Longer Sustainable: Uttarakhand High Court
2 months ago

Concept Of Appointing Named Arbitrator Who Is An Interested Party Is No Longer Sustainable: Uttarakhand High Court

Live Law  

The Uttarakhand High Court bench of Chief Justice G. Narendar has held that the concept of appointing a named Arbitrator, who himself is an interested party, is no longer sustainable. The main issue was whether the applicants are entitled to appointment of an Arbitrator dehors the stipulation in Clause 28.0, wherein it had been agreed that the Principal Secretary/Secretary, Department …

Can HC Appoint Sole Arbitrator When Arbitration Clause Provides For Unilateral Appointment Of Arbitrator ? Supreme Court To Consider
2 months ago

Can HC Appoint Sole Arbitrator When Arbitration Clause Provides For Unilateral Appointment Of Arbitrator ? Supreme Court To Consider

Live Law  

The Supreme Court on Monday agreed to consider the issue of whether the High Court can appoint a sole arbitrator under the Arbitration and Conciliation Act 1996 if the arbitration agreement between parties provides for unilateral appointment in violation of the decision in CORE v. M/S ECI SPIC SMO MCML. The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar …

Once Person Empowered To Nominate Arbitrator Becomes Ineligible U/S 12(5), Matter Shall Not Be Referred To Arbitration: Patna High Court
3 months, 2 weeks ago

Once Person Empowered To Nominate Arbitrator Becomes Ineligible U/S 12(5), Matter Shall Not Be Referred To Arbitration: Patna High Court

Live Law  

The Patna High Court bench of Chief Justice K Vinod Chandran has held that once the person empowered to nominate an arbitrator under an arbitration clause becomes ineligible to nominate the arbitrator, the matter shall not referred to the Arbitration. On the other hand it is the case of the respondent that the Patna High Court in State of Bihar …

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

Private Contracts Between Parties For Appointment Of Arbitrator Different From Statutory Appointment Of Arbitrators: Allahabad High Court
3 months, 3 weeks ago

Private Contracts Between Parties For Appointment Of Arbitrator Different From Statutory Appointment Of Arbitrators: Allahabad High Court

Live Law  

Recently, the Allahabad High Court has held that cases where appointment of arbitrators is through contracts which contemplate such appointment and statutory appointment of arbitrators are two separate classes to cases and the same are distinguishable on facts. National Highways Authority of India approached the High Court against order of the Additional District Judge, POCSO Act, Bijnor under Section 34 …

Govt cannot unilaterally appoint arbitrators: SC judgment
4 months, 2 weeks ago

Govt cannot unilaterally appoint arbitrators: SC judgment

Hindustan Times  

The Supreme Court on Friday ruled that government entities and public sector units cannot unilaterally appoint arbitrators in public-private arbitration agreements because such clauses violate the principle of equality under Article 14 of the Constitution. The bench, led by Chief Justice of India DY Chandrachud and including justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal and Manoj Misra, grappled with pressing …

Delhi High Court Rules on Appointment of Arbitral Tribunal: Invalid Procedures Before Improper Arbitral Tribunal Are Non-Est
5 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 …

Constitution bench reserves judgment in arbitration case
6 months, 3 weeks ago

Constitution bench reserves judgment in arbitration case

Hindustan Times  

New Delhi A Constitution bench of the Supreme Court on Friday reserved its judgment on the complex legal question of whether one party in an arbitration can unilaterally appoint a panel of arbitrators and require the other party to select arbitrators from that panel. During the proceedings, the bench highlighted the critical importance of maintaining integrity in arbitration, particularly in …

Chief Justice Or Their Designate Cannot Adjudicate Merits Of Dispute Under Section 11 Of Arbitration Act: Calcutta High Court
8 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 …

An Award Issued By Unilaterally Appointed Arbitrator Can Be Contested For Invalidity Of Appointment, Even By The Appointing Party: Delhi High Court
11 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 …

Unilateral Appointment Of Arbitrator By Party: Delhi High Cout Set Aside Arbitral Award As It Contravened Section 12(5) A&C And & 7th Schedule
11 months, 3 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. …

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

Arbitration Clause Allowing One Party To Appoint 2/3rd Of Arbitral Tribunal Is Not Enforceable: Delhi High Court
1 year, 5 months ago

Arbitration Clause Allowing One Party To Appoint 2/3rd Of Arbitral Tribunal Is Not Enforceable: Delhi High Court

Live Law  

The Delhi High Court has held that an arbitration clause wherein one of the contracting party has the power to appoint the 2/3rd members of the arbitral tribunal and compels the other party to choose its nominee arbitrator from a narrow panel of only 5 names is not enforceable in law. The bench of Justice Rekha Palli held that a …

Supreme Court To Deliver Judgment Tomorrow On Petitions Seeking Independent Mechanism To Appoint Election Commissioners
2 years ago

Supreme Court To Deliver Judgment Tomorrow On Petitions Seeking Independent Mechanism To Appoint Election Commissioners

Live Law  

The Supreme Court will deliver judgment tomorrow on a batch of petitions seeking an independent mechanism to appoint Election Commissioners in the Election Commission of India so as to ensure the independence and autonomy of the poll panel.A Constitution Bench comprising Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar had reserved judgment in the matter. The …

Person Ineligible To Act As Arbitrator U/s 12(5) Cannot Appoint Another Arbitrator For Determining The Dispute: Himachal Pradesh High Court
2 years ago

Person Ineligible To Act As Arbitrator U/s 12(5) Cannot Appoint Another Arbitrator For Determining The Dispute: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court on Monday ruled that any person who becomes ineligible to act as an Arbitrator in terms of Section 12 of the Arbitration and Conciliation Act cannot appoint/nominate another Arbitrator for determining the dispute.Section 12 provides that notwithstanding any prior agreement to the contrary, any person whose relationship with the parties or counsel or. The Himachal …

Clause Exclusively Empowering Chief Project Manager To Appoint Arbitrator From A Panel Maintained By It, Illegal: Delhi High Court
2 years ago

Clause Exclusively Empowering Chief Project Manager To Appoint Arbitrator From A Panel Maintained By It, Illegal: Delhi High Court

Live Law  

The Delhi High Court has reiterated that when a person has itself become ineligible by operation of law to act as an arbitrator, it cannot nominate another person to act as arbitrator. The bench of Justice Yashwant Varma was dealing with an arbitration clause which exclusively empowered the Chief Project Manager to appoint the arbitrator from a panel which was …

Clause Merely Providing Departmental Remedies, For Faster Resolution Of Disputes; Does Not Constitute An Arbitration Agreement: Bombay High Court
2 years, 3 months ago

Clause Merely Providing Departmental Remedies, For Faster Resolution Of Disputes; Does Not Constitute An Arbitration Agreement: Bombay High Court

Live Law  

The Bombay High Court has ruled that the power of appointment of arbitrator by the High Court under Section 11 of the Arbitration and Conciliation Act, 1996, cannot be deemed to have a precedential value. Rejecting the contention of the applicant that the Court must, 'by default', refer the disputes to arbitration while deciding a Section 11 application, the bench …

Arbitration Cases Weekly Round-Up: 27 November To 3 December, 2022
2 years, 3 months ago

Arbitration Cases Weekly Round-Up: 27 November To 3 December, 2022

Live Law  

Bombay High Court: Participation In Arbitral Proceedings, Does Not Disentitle Party To Challenge Award On Ground Of Unilateral Appointment Of Arbitrator: Bombay High Court Case Title: Naresh Kanayalal Rajwani & Ors. 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 …

Unilateral Constitution Of A Narrow Panel Of Arbitrators Violates Impartiality : Delhi High Court
2 years, 6 months ago

Unilateral Constitution Of A Narrow Panel Of Arbitrators Violates Impartiality : Delhi High Court

Live Law  

The High Court of Delhi has held that the power conferred on one party to unilaterally choose names from a panel of arbitrators and forwarding it to the other party to select its arbitrator from those names is violative of principle of impartiality in arbitration. The Bench of Justice Neena Bansal Krishna held that such a unilateral exercise of power …

There Cannot Be Two Arbitration Proceedings With Respect To Same Contract/Transaction: Supreme Court
2 years, 8 months ago

There Cannot Be Two Arbitration Proceedings With Respect To Same Contract/Transaction: Supreme Court

Live Law  

Observing that it is of the "firm opinion that there cannot be two arbitration proceedings with respect to the same contract/transaction", the Supreme Court stated that when a dispute has earlier been referred to arbitration and an award was passed on the claims made, then it is "rightful" to refuse to refer to arbitration- in exercise of Section 11 of …

Court Can't Decide Disputed Questions Of Facts U/S 11(6) Arbitration Act, Question Of Arbitrability Can Be Examined By Arbitral Tribunal: Gujarat HC
2 years, 9 months ago

Court Can't Decide Disputed Questions Of Facts U/S 11(6) Arbitration Act, Question Of Arbitrability Can Be Examined By Arbitral Tribunal: Gujarat HC

Live Law  

High Court cannot decide disputed questions of facts in a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of arbitrator, the Gujarat High Court has held.The Bench comprising Chief Justice Aravind Kumar observed, "All these issues including arbitrability can be examined by the Arbitral Tribunal itself. High Court cannot decide disputed questions of …

S.11 Arbitration Act | Interested Party Cannot Appoint An Arbitrator To Decide Disputes Between Parties: Calcutta HC
2 years, 10 months ago

S.11 Arbitration Act | Interested Party Cannot Appoint An Arbitrator To Decide Disputes Between Parties: Calcutta HC

Live Law  

The Calcutta High Court on Tuesday while adjudicating upon an application under Section 11 of the Arbitration and Conciliation Act, 1996 held that it a settled law that neither an interested party can be appointed as an arbitrator nor can the said interested party appoint an arbitrator to decide the disputes between the parties.Justice Shekhar B. Saraf observed, ". The …

A Party Cannot Directly Seek The Appointment Of The Arbitrator If The Agreement Provides For Pre-Arbitration Reference To A Competent Authority: Madhya Pradesh High Court
2 years, 10 months ago

A Party Cannot Directly Seek The Appointment Of The Arbitrator If The Agreement Provides For Pre-Arbitration Reference To A Competent Authority: Madhya Pradesh High Court

Live Law  

The High Court of Madhya Pradesh has held that the court cannot appoint the arbitrator when the petitioner has not complied with the condition precedent of referring the dispute to the Superintending Engineer. The Contention Of Parties The respondent objected to the maintainability of the petition on the following grounds: In terms of Clause 25, the petitioner was bound to …

Applications For Appointment Of Arbitrator Should Be Decided And Disposed At The Earliest:Supreme Court
2 years, 11 months ago

Applications For Appointment Of Arbitrator Should Be Decided And Disposed At The Earliest:Supreme Court

Live Law  

The Supreme Court on April 1, 2022 expressed concerns at the time taken by the Telangana High Court to dispose of an arbitration application under Section 11 of the Arbitration and Conciliation Act, 1996 after a period of four years. Referring to the amended Arbitration Act wherein arbitration proceedings are required to be disposed of within one year, the bench …

Court U/s 37 Arbitration Act Has No Jurisdiction To Remand The Matter To Same Arbitrator Unless Consented By Both Parties: Supreme Court
3 years, 1 month ago

Court U/s 37 Arbitration Act Has No Jurisdiction To Remand The Matter To Same Arbitrator Unless Consented By Both Parties: Supreme Court

Live Law  

The Supreme Court observed that a Court, under Section 37 of the Arbitration and Conciliation Act, has no jurisdiction to remand the matter to the same Arbitrator unless it is so consented by both the parties.The bench comprising Justices MR Shah and BV Nagarathna observed that only two options are available to the Court considering the appeal under Section 37 …

A Party To Dispute Cannot Nominate Arbitrator Even If The Arbitration Agreement Allows It: Kerala High Court
3 years, 7 months ago

A Party To Dispute Cannot Nominate Arbitrator Even If The Arbitration Agreement Allows It: Kerala High Court

Live Law  

The Kerala High Court has held that neither a party to an Arbitration Agreement nor a person nominated by it can be nominated an arbitrator, even if the agreement expressly allows the same. With this notion, the Court went on to disregard the stipulations of the arbitration clause to the extent to which it allowed the lessor to nominate the …

Is Appointment Of Arbitrator By Ineligible Person Valid?Supreme Court Refers Issue To Larger Bench
4 years, 2 months ago

Is Appointment Of Arbitrator By Ineligible Person Valid?Supreme Court Refers Issue To Larger Bench

Live Law  

The bench headed by Justice Rohinton Nariman was hearing the Centre's SLP against a March 12, 2020 judgment of the Calcutta High Court, where the High Court had noted that the provisions of Section 12 as well as Seventh Schedule of the Arbitration Act 1996 admittedly being squarely applicable to the case, the General manager of the Railway cannot appoint …

Arbitration Court Reckoner : August 2020
4 years, 6 months ago

Arbitration Court Reckoner : August 2020

Live Law  

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of August 2020 under the Arbitration & Conciliation Act, 1996. Test of Emergent Necessity for grant of relief under S. 9 In Avantha Holdings Ltd. v Vistra ITC India Ltd. High Court of Delhi held that the …

Sulamérica's Case And The Three-Stage Inquiry To Determine The Law Of Arbitration: Recent Developments & The Divergent Indian Approach (Part I)
4 years, 11 months ago

Sulamérica's Case And The Three-Stage Inquiry To Determine The Law Of Arbitration: Recent Developments & The Divergent Indian Approach (Part I)

Live Law  

Introduction The Indian jurisprudence on the choice of the law of arbitration has evolved through various judicial pronouncements of the Supreme Court of India. The Supreme Court of India has cited approvingly in BALCO's Case and several later judgments, the judgments delivered by Lord Justice Longmore in C v. D and Mr. Justice Cooke in Sulamérica Cia Nacional de Seguros …

Person Interested In Outcome Of Decision Of The Dispute Must Not Have Power To Appoint Sole Arbitrator: SC [Read Judgment]
5 years, 3 months ago

Person Interested In Outcome Of Decision Of The Dispute Must Not Have Power To Appoint Sole Arbitrator: SC [Read Judgment]

Live Law  

A person who has an interest in the outcome or decision of the dispute must not have the power to appoint a sole arbitrator, the Supreme Court has reiterated in a judgment delivered on Tuesday.In Perkins Eastman Architects DPC vs. HSCC Ltd., Clause 24 of the Agreement empowered the Chairman and Managing Director of the company to make the appointment …

NHAI: Application Under Section 11 Arbitration & Conciliation Act To Appoint Arbitrator Not Maintainable: SC [Read Judgment]
5 years, 6 months ago

NHAI: Application Under Section 11 Arbitration & Conciliation Act To Appoint Arbitrator Not Maintainable: SC [Read Judgment]

Live Law  

The Supreme Court has held that an application under Section 11 of the Arbitration and Conciliation Act for appointment of an Arbitrator in relation to disputes with National Highways Authority Of India is not maintainable in view of Section 3G of the National Highways Act, 1956 which provides for such appointment by the Central Government.The bench comprising Justice NV Ramana,. …

Court Can Appoint Independent Arbitrator Only After Resorting To The Procedure In Arbitration Agreement: SC [Read Judgment]
5 years, 11 months ago

Court Can Appoint Independent Arbitrator Only After Resorting To The Procedure In Arbitration Agreement: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the High Court, while dealing with an application under Section 11 of the Arbitration and Conciliation Act, seeking appointment of an 'independent Arbitrator', should first resort to the mechanism in appointment of an arbitrator as per the terms of contract as agreed by the parties. One of the issue in a batch of appeals …

SC Larger Bench To Decide Basis And Principle To Decide the Place Of ‘Seat’ of Arbitration [Read Judgment]
6 years, 10 months ago

SC Larger Bench To Decide Basis And Principle To Decide the Place Of ‘Seat’ of Arbitration [Read Judgment]

Live Law  

The Supreme Court, in Union of India vs. Hardy Exploration and Production, has referred the question as to when the arbitration agreement specifies the “venue” for holding the arbitration sittings by the arbitrators but does not specify the “seat”, then on what basis and by which principle, the parties have to decide the place of “seat” which has a material …

SC Re-affirms Superiority Of CJI, Dismisses Plea Against "Arbitrary" Allocation Of Work To Benches & Constitution Of Benches [Read Judgment]
6 years, 11 months ago

SC Re-affirms Superiority Of CJI, Dismisses Plea Against "Arbitrary" Allocation Of Work To Benches & Constitution Of Benches [Read Judgment]

Live Law  

Reaffirming the superiority of the Chief Justice, the Supreme Court today dismissed a petition which questioned the unilateral power of the CJI to constitute benches "arbitrarily" and allocate work to different benches and which sought framing of proper rules for it.You Can Read the detailed story based on the Judgment HereSeniority In Terms Of Appointment Has No Bearing On Which …

India Gearing Up For A Healthy And Conducive Arbitration Environment
8 years ago

India Gearing Up For A Healthy And Conducive Arbitration Environment

Live Law  

Supreme Court Upholds "Neutrality Of Arbitrator" In Public Sector Contracts In the recent judgment of M/s. Voestalpine Schienen Gmbh vs. Delhi Metro Rail Corporation Ltd., the Supreme Court of India while upholding the concept of 'neutrality of arbitrators' envisaged under the amended Section 12 of the Arbitration and Conciliation Act 1996, has given. Voestalpine Schienen Gmbh vs. Delhi Metro Rail …

India Gearing Up For A Healthy And Conducive Arbitration Environment
8 years ago

India Gearing Up For A Healthy And Conducive Arbitration Environment

Live Law  

Supreme Court Upholds "Neutrality Of Arbitrator" In Public Sector Contracts In the recent judgment of M/s. Voestalpine Schienen Gmbh vs. Delhi Metro Rail Corporation Ltd., the Supreme Court of India while upholding the concept of 'neutrality of arbitrators' envisaged under the amended Section 12 of the Arbitration and Conciliation Act 1996, has given. Voestalpine Schienen Gmbh vs. Delhi Metro Rail …

Mere choosing of the juridical seat of Arbitration attracts the law applicable to such location: Supreme Court [Read Judgment]
8 years, 10 months ago

Mere choosing of the juridical seat of Arbitration attracts the law applicable to such location: Supreme Court [Read Judgment]

Live Law  

Where the parties choose a juridical seat of Arbitration outside India and provide that the law which governs Arbitration will be a law other than Indian law, Part I of the Act would not have any application and, therefore, the award debtor would not be entitled to challenge the award by raising objections under Section 34 before a Court in …

It is not open to the High Court to declare a Supreme Court Judgment per-incurium. By not following the law laid down by the SC, HCs and Subordinate Courts would also be violating the provisions of...
10 years, 3 months ago

It is not open to the High Court to declare a Supreme Court Judgment per-incurium. By not following the law laid down by the SC, HCs and Subordinate Courts would also be violating the provisions of...

Live Law  

A Three Judge Bench of the Supreme Court comprising of Justices Anil R Dave, Madan B Lokur and Kurian Jospeh held that it is not open to the High Court to declare a Supreme Court Judgment per-incurium. It is also held that by not following the law laid down by this Court, the High Court or the Subordinate Courts would …

Tribunals are parallel justice delivery mechanisms, lacks right people: Supreme Court
10 years, 8 months ago

Tribunals are parallel justice delivery mechanisms, lacks right people: Supreme Court

Live Law  

A Supreme Court Constitutional bench comprising of Chief Justice R.M. Appearing for the petitioners, senior counsel Arvind Datar said that the "obnoxious objective" of setting up tribunals was to create a parallel system outside the Constitutionally prescribed justice delivery system starting from the apex court, followed by High Court and then lower courts. As Article 323-A and Section 28 of …

Australian Arbitrator appointed by Supreme Court for Reliance-Government dispute
10 years, 10 months ago

Australian Arbitrator appointed by Supreme Court for Reliance-Government dispute

Live Law  

Supreme Court has appointed former judge of the High Court of Australia, Michael Hudson McHugh, as the third Arbitrator to head the board of arbitrators to solve the KG Basin dispute and allowed RIL's plea for appointing an international Arbitrator so as to remove any bias.The Court had earlier withdrawn its order appointing Australian judge James Spigelman as an Arbitrator …

Australian Arbitrator appointed by Supreme Court for Reliance-Government dispute
10 years, 10 months ago

Australian Arbitrator appointed by Supreme Court for Reliance-Government dispute

Live Law  

Supreme Court has appointed former judge of the High Court of Australia, Michael Hudson McHugh, as the third Arbitrator to head the board of arbitrators to solve the KG Basin dispute and allowed RIL's plea for appointing an international Arbitrator so as to remove any bias.The Court had earlier withdrawn its order appointing Australian judge James Spigelman as an Arbitrator …

Order to appoint Australian arbitrator in RIL case recalled by Supreme Court
10 years, 11 months ago

Order to appoint Australian arbitrator in RIL case recalled by Supreme Court

Live Law  

After the government cited that the former Chief Justice and Lieutenant Governor of New South Wales was part of the initial list suggested by RIL, Justice S S Nijjar recalled its order appointing Australian judge James Jacob Spigelman as a foreign arbitrator to head a three-member arbitration panel in the Reliance Industries KG-D6 gas case against the government. RIL and …

Order to appoint Australian arbitrator in RIL case recalled by Supreme Court
10 years, 11 months ago

Order to appoint Australian arbitrator in RIL case recalled by Supreme Court

Live Law  

After the government cited that the former Chief Justice and Lieutenant Governor of New South Wales was part of the initial list suggested by RIL, Justice S S Nijjar recalled its order appointing Australian judge James Jacob Spigelman as a foreign arbitrator to head a three-member arbitration panel in the Reliance Industries KG-D6 gas case against the government. RIL and …

International arbitrator appointed by Supreme Court for Reliance-government dispute [Read Judgment]
10 years, 11 months ago

International arbitrator appointed by Supreme Court for Reliance-government dispute [Read Judgment]

Live Law  

Clearing the levels for settlement of dispute between Reliance Industries Ltd and the Government over recovery of cost for developing the country's key natural gas field in KG basin, Justice SS Nijjar of Supreme Court appointed a former Chief Justice of New South Wales in Australia as the third and final Arbitrator for resolution of dispute as per the arbitration …

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