Arbitration Cases Annual Digest 2024
1 week 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 The Supreme Court held that a High Court which does not have original civil jurisdiction does not have the power to extend the time limit for passing of the arbitral award as per Section 29A of the Arbitration & Conciliation Act 1996. The bench comprising of Justice Manoj Kumar Gupta and Justice Kshitij Shailendra held “This Court seriously deprecates the approach of the Arbitrator/Collector who is vested with statutory powers to determine lawful compensation as per the scheme of the Act of 1956 and, therefore, once the Court superior to him analyzed each and every aspect of the initial award dated 30.09.2010 as well as the arbitral award dated 15.09.2017 and set aside the same after recording findings on merits of the petitioner's claim as regards market value of the land on the date of notifications acquiring the land, the Arbitrator/Collector was bound to follow the quasi- judicial discipline and record finding on each of the parameters discussed by the learned District Judge” Allegations On Arbitrator's Independence Under Item 24 Of 5th Schedule Of Arbitration Act Is Not Automatically A Ground For Disqualification: Allahabad High Court Case Title: Gepdec Infratech Limited Thru Authorized Representative vs U.P. Technical Difficulties Shouldn't Thwart Objectives Of Arbitral Proceeding: Bombay High Court Allows Petition For Replacement Of Arbitrator Case Title: M/s.Paresh Construction & Foundation Ltd. vs Hindustan Petroleum Corp. Ltd. Case Number: ARBITRATION APPLICATION NO.18473 OF 2023 WITH ARBITRATION PETITION NO.13 OF 2023 The Bombay High Court single bench of Justice Bharti Dangre held although there might be an impression that with the legal termination of the arbitral tribunal's mandateupon the expiration of one year from the reference entry, as per Section 29A of the Arbitration and Conciliation Act 1996 there might be a technical difficulty. Jurisdiction of High Courts Under Section 37 Of Arbitration Act Is Limited To Arbitrary, Capricious And Perverse Orders: Bombay High Court Case Title: M/s Halliburton India Operations Private Limited vs Vision Projects Technologies Pvt.

India Justice Supreme Court High Court Writ Petition Arbitration Constitution High Courts Court International Standards Bombay High Court Natural Justice Cases West Bengal Indian Title Judicial Review Council 2024 Tribunal Held High Ors Cpc Act Municipal Corporation Bench Cap Cji Award General Manager This Case This Court Versus Ica Foreign Currency Principal Bombay Section 11 Livelaw 2024 Livelaw Section 29A Arbitral Larger Bench Pardiwala Bhc Case Title Manoj Misra Civil Appeal No Union Of India Case Details Calcutta High Court Slp Section 37 Of Section 37 Section 19 Section 9 Of Ujjal Bhuyan Section 47 Single Bench Section 34 Case Number Section 27 Section 34 Of Justice Manoj Misra Justice Jb Pardiwala Section 5 Of 2 Others 3 Others Manoj Kumar Gupta National Highways Authority Of India Versus M Original Civil Jurisdiction Msmed Act Section 9 Of The Arbitration And Conciliation Act Justice Manish Pitale Sufficient Cause Commercial Arbitration Facilitation Council Small Enterprises Each Party Pankaj Mithal Interim Application Sandeep Mehta Ps Narasimha Section 14 Of No Requirement Justice Bharati Dangre Legal Provisions Judicial Interference Conveyance Case Reference Manish Pitale International Commercial Arbitration Mse Justice Ps Narasimha Referral Court That Court Justices Ps Narasimha Effective Dispute Resolution Civil Misc Section 37 Of Arbitration Commercial Arbitration Petition Somasekhar Sundaresa Vikas Budhwar Its Award  act  arbitral  award  arbitration  2024  high  bench  title  annual  court  digest  cases  justice  held

History of this topic

Court's Jurisdiction U/S 34 Of Arbitration Act Against Award Under MSMED Act Is Determined By Agreement Between Parties: Gujarat HC
4 days, 19 hours 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 Quarterly Digest: October To December 2024
Trending News
1 week, 1 day ago

Arbitration Cases Quarterly Digest: October To December 2024

Live Law  

Supreme Court Case Title: R.P. Agreement Between Parties Must Be Given Primacy When Deciding Petition U/S 9 Of Arbitration Act: Delhi High Court Case Title: M/S INNOVATIVE FACILITY SOLUTIONS PVT LTD v. M/S AFFORDABLE INFRASTRUCTURE Citation: 2024 LiveLaw 1192 The Delhi High Court Bench of Mr. Justice Jasmeet Singh held that the role of the court under section 9 of …

Monthly Digest Of Arbitration Cases: December 2024
1 week, 1 day ago

Monthly Digest Of Arbitration Cases: December 2024

Live Law  

Supreme Court Case : Kirpal Singh Vs Government Of India Citation : 2024 LiveLaw 970 The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996. Case Title: M/S GRANDSLAM DEVELOPERS PVT LTD v. AKSHAY GANDHI PROPRIETOR OF PRAXIS DESIGN SOLUTIONS Citation: 2024 LiveLaw 1351 The Delhi High Court …

Arbitration Cases Weekly Round Up [16th December-22nd December 2024]
2 weeks ago

Arbitration Cases Weekly Round Up [16th December-22nd December 2024]

Live Law  

Supreme Court Case Title: TARUN DHAMEJA VERSUS SUNIL DHAMEJA & ANR. The bench comprising Justices Abhay S. Oka and Ujjal Bhuyan dismissed the appeal filed against the Delhi High Court's decision allowing the respondent to seek clarification from the Arbitral Tribunal about whether post-award interest under Section 31 of the Arbitration and Conciliation Act, 1996, would be calculated on the …

Arbitration Act: Important Judgments By Supreme Court In 2024
2 weeks, 1 day ago

Arbitration Act: Important Judgments By Supreme Court In 2024

Live Law  

As the year 2024 nears its end, LiveLaw brings to you a summary of important Supreme Court judgments of the year rendered in connection with the Arbitration and Conciliation Act, 1996. High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case: Chief Engineer PWD v. M/s BSC …

Arbitration Act: Important Judgments By Supreme Court In 2024
2 weeks, 1 day ago

Arbitration Act: Important Judgments By Supreme Court In 2024

Live Law  

As the year 2024 nears its end, LiveLaw brings to you a summary of important Supreme Court judgments of the year rendered in connection with the Arbitration and Conciliation Act, 1996. High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case: Chief Engineer PWD v. M/s BSC …

S. 33 Arbitration Act | Clarification On Award Can Be Issued Even After Arbitral Tribunal Becomes Functus Officio : Supreme Court
3 weeks ago

S. 33 Arbitration Act | Clarification On Award Can Be Issued Even After Arbitral Tribunal Becomes Functus Officio : Supreme Court

Live Law  

The Supreme Court observed that although the Arbitral Tribunal becomes functus officio after passing an award, it would still retain the limited jurisdiction to clarify or correct errors in an award under Section 33 of the Arbitration and Conciliation Act, 1996. The bench comprising Justices Abhay S. Oka and Ujjal Bhuyan dismissed the appeal filed against the Delhi High Court's …

Arbitration Weekly Round Up [9th December To 15th December 2024]
3 weeks, 1 day ago

Arbitration Weekly Round Up [9th December To 15th December 2024]

Live Law  

Supreme Court Case : Kirpal Singh Vs Government Of India Citation : 2024 LiveLaw 970 The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996. Case Title: Avtar Krishan Suri V/s The Estate Manager, J&K Small Scale Industries Development Corporation Ltd. Citation: 2024 LiveLaw 336 The Jammu & …

Findings Of Arbitrator U/S 34 Of Arbitration Act Cannot Be Scrutinised As If Court Is Sitting In Appeal: Chhattisgarh High Court
3 weeks, 2 days ago

Findings Of Arbitrator U/S 34 Of Arbitration Act Cannot Be Scrutinised As If Court Is Sitting In Appeal: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court bench of Justices Smt. Rajani Dubey and Shri Bibhu Datta Guru has held that findings of the Arbitrator cannot be scrutinised under section 34 of the Arbitration Act as if the court is sitting in appeal. The appellant submitted that the Commercial Court ought not to have interfered with the findings of the fact with respect …

Law ministry to discuss SC rulings for Arbitration Act amendment as costs issue persists
4 weeks ago

Law ministry to discuss SC rulings for Arbitration Act amendment as costs issue persists

Live Mint  

New Delhi: The Union law and justice ministry will discuss judgements by the Supreme Court to amend the Arbitration and Conciliation Act, two people aware of the matter said. For perspective, in arbitration cases of government vs private parties, the government chooses one arbitrator from a panel it creates and asks the private party to choose another arbitrator from the …

Whether Arbitration Agreement Has All Essential Elements Can Better Be Decided By Tribunal U/S 16 Of A&C Act: Rajasthan High Court
4 weeks, 1 day ago

Whether Arbitration Agreement Has All Essential Elements Can Better Be Decided By Tribunal U/S 16 Of A&C Act: Rajasthan High Court

Live Law  

The Rajasthan High Court bench of Justice Sudesh Bansal has held that the issue of validity of arbitration agreement more particularly in respect of having essential elements of the arbitration agreement, can better be considered and decided on merits by the arbitration tribunal under section 16 of the Arbitration Act. They also submitted that Clause 22 of the NIB cannot …

S. 14 Limitation Act Applicable To Arbitration & Conciliation Act : Supreme Court
4 weeks, 1 day ago

S. 14 Limitation Act Applicable To Arbitration & Conciliation Act : Supreme Court

Live Law  

The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996.Section 14 of the Limitation Act provides for the exclusion of the time spent in pursuing bona fide proceedings in a wrong forum from the computation of the period of limitation.A bench comprising Justice PS Narasimha and Justice Manoj …

Himachal Pradesh High Court Weekly Roundup: December 2 - December 8 2024
4 weeks, 2 days ago

Himachal Pradesh High Court Weekly Roundup: December 2 - December 8 2024

Live Law  

Nominal Index: National Highways Authority of India vs. Devi Ram & Others 2024 LiveLaw 78 Engineer-in-Chief & Ors. Versus Dev Raj 2024 LiveLaw 79 Suresh Kumar Vs State of H.P 2024 LiveLaw 80 Ashok Thakur v. State of Himachal Pradesh and Anr 2024 LiveLaw 81 Chaudhary Sarwan Kumar Versus Himachal Pradesh Farmers' Forum 2024 LiveLaw 82 Judgments/Orders: Himachal Pradesh High …

Section 29A Of Arbitration & Conciliation Act, 1996: Complications More Than Cure
1 month ago

Section 29A Of Arbitration & Conciliation Act, 1996: Complications More Than Cure

Live Law  

This article is an attempt to highlight the complexities involved under Section 29A of the Arbitration & Conciliation Act, 1996. Ltd. v. General Manager & Anr., reiterated the principle that the extension of mandate under Section 29A shall be only for a “sufficient cause”. In Larsen and Toubro Ltd. v. IIC Limited and Anr., it is held by the Delhi …

Petition U/S 11 Of Arbitration Act Cannot Be Entertained After Lapse Of 3 Yrs From Date Of Cause Of Action Arising: J&K High Court
1 month ago

Petition U/S 11 Of Arbitration Act Cannot Be Entertained After Lapse Of 3 Yrs From Date Of Cause Of Action Arising: J&K High Court

Live Law  

The Jammu & Kashmir And Ladakh High Court bench of Justice Tashi Rabstan has held that the petition under section 11 of the Arbitration Act cannot be entertained after lapse of 3 years from the date of cause of action having arisen. In the present case, the cause of action to file the petition under Section 11 of the Act, …

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

"Maintainability" And "Jurisdiction" Cannot Be Conflated While Deciding Application U/S 20 Of Arbitration Act, 1940: Bombay HC
1 month ago

"Maintainability" And "Jurisdiction" Cannot Be Conflated While Deciding Application U/S 20 Of Arbitration Act, 1940: Bombay HC

Live Law  

The Bombay High Court bench of Justice Amit Borkar has held that maintainability and jurisdiction cannot be used interchangeably as they connote different things. 321 of 2000 filed under Section 20 of the Arbitration Act, 1940, wherein it was held that the Court had no jurisdiction to entertain the application. This order was challenged by the respondent before the ADJ …

Arbitration Monthly Digest: November, 2024
1 month 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
1 month 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
1 month 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
1 month 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 …

Arbitration Weekly Round-Up [25th November To 1st December, 2024]
1 month ago

Arbitration Weekly Round-Up [25th November To 1st December, 2024]

Live Law  

Supreme Court S.29A Arbitration | 'Sufficient Cause' To Extend Time For Award Should Be Interpreted To Facilitate Effective Dispute Resolution : Supreme Court Case Title: M/S AJAY PROTECH PVT. 34078 of 2023 The Bombay High Court bench of Justice Arif S. Doctor has held that Section 9 of the A&C Act is not the correct mechanism to obtain relief against …

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: November 18 - November 24, 2024
1 month, 2 weeks ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: November 18 - November 24, 2024

Live Law  

Nominal Index: Presentation Convent Senior Secondary School Vs Satvinder Singh 2024 LiveLaw 311 Joginder Singh Vs State & Ors 2024 LiveLaw 312 M/s Mir Associates Construction Company Vs. Superintending Engineer Hydraulic Circle Doda and Anr 2024 LiveLaw 313 M/s Pardeep Electricals and Building Pvt. Vs. Union of India and Ors 2024 LiveLaw 314 Mohd Azam Vs UT Of J&K 2024 …

Himachal Pradesh High Court Reiterates Limited Scope Of Court Intervention U/S 34 & 37 Of Arbitration & Conciliation Act
1 month, 2 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 …

S.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court
1 month, 2 weeks ago

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

Live Law  

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

Arbitration Weekly Digest 11th November-17 th November 2024
1 month, 2 weeks ago

Arbitration Weekly Digest 11th November-17 th November 2024

Live Law  

Supreme Court Case Title: GOQII TECHNOLOGIES PRIVATE LIMITED VERSUS SOKRATI TECHNOLOGIES PRIVATE LIMITED, Citation : 2024 LiveLaw 891 In a recent decision, the Supreme Court reiterated that the referral courts under Section 11 of the Arbitration & Conciliation Act, 1996 should refrain from conducting an in-depth factual analysis of the dispute. Calcutta High Court Case Title: MINTECH GLOBAL PRIVATE LIMITED …

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

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court
1 month, 3 weeks ago

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

Live Law  

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

S. 11(6) A&C Act | Referral Courts Should Limit Its Enquiry To Prima Facie Existence Of Arbitration Agreement : Supreme Court
Trending News
1 month, 3 weeks ago

S. 11(6) A&C Act | Referral Courts Should Limit Its Enquiry To Prima Facie Existence Of Arbitration Agreement : Supreme Court

Live Law  

In a recent decision, the Supreme Court reiterated that the referral courts under Section 11 of the Arbitration & Conciliation Act, 1996 should refrain from conducting an in-depth factual analysis of the dispute. “The scope of inquiry under Section 11 of the Act, 1996 is limited to ascertaining the prima facie existence of an arbitration agreement. In our view, such …

S. 11(6) A&C Act | Referral Courts Should Limit Its Enquiry To Prima Facie Existence Of Arbitration Agreement : Supreme Court
Trending News
1 month, 3 weeks ago

S. 11(6) A&C Act | Referral Courts Should Limit Its Enquiry To Prima Facie Existence Of Arbitration Agreement : Supreme Court

Live Law  

In a recent decision, the Supreme Court reiterated that the referral courts under Section 11 of the Arbitration & Conciliation Act, 1996 should refrain from conducting an in-depth factual analysis of the dispute. “The scope of inquiry under Section 11 of the Act, 1996 is limited to ascertaining the prima facie existence of an arbitration agreement. In our view, such …

Award Can Be Set Aside U/S 34 Of Arbitration Act If Arbitrator Travels Beyond Arbitration Agreement: Madhya Pradesh HC
Trending News
1 month, 3 weeks ago

Award Can Be Set Aside U/S 34 Of Arbitration Act If Arbitrator Travels Beyond Arbitration Agreement: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court bench of Justice Subodh Abhyankar affirmed that if arbitrator travels beyond the terms of the arbitration agreement while passing an award, such an award is liable to be set aside under section 34 of the Arbitration Act. Brief Facts This Arbitration Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 has been filed …

High Court As Court Of Record Can Recall Or Review Orders Passed U/S 11 Of Arbitration Act: Bombay High Court
1 month, 3 weeks ago

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

Live Law  

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

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
Trending News
1 month, 4 weeks 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

Live Law  

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 …

Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court
1 month, 4 weeks ago

Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justices Rekha Palli and Saurabh Banerjee affirmed that the Court under section 37 of the Arbitration Act cannot undertake an independent assessment of the merits of the award, and must only ascertain that the exercise of power by the Court under Section 34 has not exceeded the scope of the provision Brief Facts The …

Arbitration Weekly Round-Up: 4th November To 10th November 2024
1 month, 4 weeks 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
1 month, 4 weeks 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 …

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

High Court Holds that Applicant Must Dispute Contents of Plaint in Arbitration Case
2 months ago

High Court Holds that Applicant Must Dispute Contents of Plaint in Arbitration Case

Live Law  

The article discusses the impact of the Arbitration and Conciliation (Amendment) Act, 2015 on arbitration matters in India. The Act, which came into force in 2015, aimed to reduce judicial interference and ensure the timely resolution of Arbitration matters. However, there was uncertainty regarding its applicability to Arbitral Proceedings commenced before the Amendment Act came into force. Section 26 of …

Court Rules on Jurisdiction of Arbitral Tribunal: Determining Whether Dispute is Arbitrable under Section 16 of the Arbitration and Conciliation Act, 1996
2 months ago

Court Rules on Jurisdiction of Arbitral Tribunal: Determining Whether Dispute is Arbitrable under Section 16 of the Arbitration and Conciliation Act, 1996

Live Law  

The Telangana High Court Bench of Chief Justice Alok Aradhe affirmed that the Arbitral Tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. However, the issue of limitation is a jurisdictional issue, which would be required to be decided by the arbitrator under Section 16, and not the …

Limited Scope of Examination under Section 11 of the Arbitration Act: Bombay High Court
2 months, 3 weeks ago

Limited Scope of Examination under Section 11 of the Arbitration Act: Bombay High Court

Live Law  

The Bombay High Court has held that the scope of examination under section 11 (6A) of the Arbitration and Conciliation Act should be confined to the existence of an arbitration agreement on the basis of Section 7. The court observed that the referral court has limited jurisdiction to see whether an arbitration agreement exists or not. Once it is satisfied …

Arbitration Cases Monthly Digest: September 2024
3 months 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 …

India aims to be global arbitration hub. And cut costs for its biggest litigant.
4 months, 3 weeks ago

India aims to be global arbitration hub. And cut costs for its biggest litigant.

Live Mint  

New Delhi: The Union law ministry has commissioned a study of the legal frameworks in top international commercial centers as part of its efforts to position India as a global arbitration hub. The ministry is looking to address challenges in India’s arbitration system and improve the execution of arbitral awards, or out-of-court settlements, two officials said, declining to be identified. …

Arbitration Cases Monthly Digest: July 2024
4 months, 3 weeks ago

Arbitration Cases Monthly Digest: July 2024

Live Law  

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

Arbitration Weekly Roundup: July 08 - July 14, 2024
5 months, 3 weeks ago

Arbitration Weekly Roundup: July 08 - July 14, 2024

Live Law  

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

Arbitration Cases Half Yearly Digest: January To June 2024
6 months ago

Arbitration Cases Half Yearly Digest: January To June 2024

Live Law  

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

Arbitration Weekly Roundup: June 24 - June 30, 2024
6 months, 1 week ago

Arbitration Weekly Roundup: June 24 - June 30, 2024

Live Law  

Delhi High Court Objections Regarding Time-Barred Claims Under Section 11 Petition Should Be Left For Arbitral Tribunal: Delhi High Court Case Title: Capri Global Capital Limited Vs Ms Kiran Case Number: ARB.P. Orrisa High Court No Reappreciation Of Evidence Permitted Under Section 34 Of Arbitration Act, Arbitrator's Views Must Be Respected: Orissa High Court Case Title: Principal Secretary to the …

No Reappreciation Of Evidence Permitted Under Section 34 Of Arbitration Act, Arbitrator's Views Must Be Respected: Orissa High Court
6 months, 2 weeks ago

No Reappreciation Of Evidence Permitted Under Section 34 Of Arbitration Act, Arbitrator's Views Must Be Respected: Orissa High Court

Live Law  

The Orrisa High Court bench of Justice D. Dash held that in a petition under Section 34 of the Arbitration and Conciliation Act, 1996, reappreciating evidence is not allowed in order to replace the arbitrator's view with another. Observations by the High Court: The High Court referred to Section 37 of the Arbitration Act which states that an appeal can …

Arbitration Weekly Roundup: June 10 - June 16, 2024
6 months, 3 weeks ago

Arbitration Weekly Roundup: June 10 - June 16, 2024

Live Law  

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

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