Supreme Court Concludes The Question Of Jurisdiction Under Section 29A Of The Arbitration And Conciliation Act, 1996
10 months ago

Supreme Court Concludes The Question Of Jurisdiction Under Section 29A Of The Arbitration And Conciliation Act, 1996

Live Law  

The Supreme Court has recently settled the question as to which 'Court' possesses the jurisdiction to determine and decide an application under Section 29A of the Arbitration and Conciliation Act, 1996. In the CE, PWD judgment, the Petitioner challenged an order of the High Court of Meghalaya, which held that the power to extend the mandate of an arbitral tribunal under Section 29A, vests with the 'Court' which may be the Principal Civil Court of a jurisdiction or a High Court in exercise of its ordinary original civil jurisdiction. SLP was dismissed while upholding the view that the Principal Civil Court would have the jurisdiction to hear and decide applications under Section 29A of the Act. While it is undeniable that the definition of a 'Court' under Section 2 of the Act makes the Principal Civil Court the primary forum of jurisdiction by default, there were a few conflicting precedents of certain High Courts which held that it would be the High Court which would possess the jurisdiction to decide Section 29A applications. One may argue an ambiguity, as to what would happen if the arbitrator was appointed under Section 11 by a High Court or the Supreme Court and whether, their substitution under Section 29A can be done by a subordinate court like the Principal Civil Court.

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History of this topic

Supreme Court Monthly Digest- January 2025
1 month ago

Supreme Court Monthly Digest- January 2025

Live Law  

Adalat Refund court fees - The petitioner sought a refund of court fees paid in the trial court, first appellate court, and second appellate court after the High Court decided the second appeal based on an amicable settlement between the parties. Jage Ram v. Ved Kaur, 2025 LiveLaw 138 Aircraft Act, 1934 Section 12B - Investigation by Local Police - …

Supreme Court Reiterates Narrow Scope Of Interference Under Section 37 Arbitration Act
1 month, 3 weeks ago

Supreme Court Reiterates Narrow Scope Of Interference Under Section 37 Arbitration Act

Live Law  

The Supreme Court reiterated that in appeal under Section 37 of the Arbitration and Conciliation Act, the Court has a narrower scope to review the arbitral award if the award has already been upheld under Section 34. In appeal, Section 37 of the Act grants narrower scope to the appellate court to review the findings in an award, if it …

Supreme Court Monthly Digest- December 2024 With Statute And Subject Wise Index
1 month, 4 weeks ago

Supreme Court Monthly Digest- December 2024 With Statute And Subject Wise Index

Live Law  

Acquittal Court, while acquitting the accused, cannot order that he must be subjected to re-investigation for the same offence. v. Union of India, 2024 LiveLaw 1049 Order 7 Rule 11 CPC – Limitation Act, 1963; Article 59 - Rejection of Plaint – Suit for cancellation of a registered sale deed - Limitation - Whether the High Court was justified in …

Appeal In Commercial Dispute Arising From Arbitration Act Must Be Filed Before Commercial Appellate Court, Not HC: Orissa High Court
1 month, 4 weeks ago

Appeal In Commercial Dispute Arising From Arbitration Act Must Be Filed Before Commercial Appellate Court, Not HC: Orissa High Court

Live Law  

The Orissa High Court bench of Justice S.K. Panigrahi has held that a plain reading of Sections 6 and 10 of the Commercial Courts Act, 2015, leads to the conclusion that the appropriate 'court' to consider a commercial dispute, even if it arises under the Arbitration and Conciliation Act, would be the commercial court and an appeal would, therefore, lie …

Arbitration Act | Courts' Jurisdiction Under Sections 34 and 37 Do Not Extend To Modifying Arbitral Award: Supreme Court Reiterates
2 months ago

Arbitration Act | Courts' Jurisdiction Under Sections 34 and 37 Do Not Extend To Modifying Arbitral Award: Supreme Court Reiterates

Live Law  

Recently, the Supreme Court affirmed the principle laid down in National Highways Authority of India vs. M. Hakeem & Another that the jurisdiction of the Courts under Sections 34 and 37 of the Arbitration & Conciliation Act, 1996 will not extend to modifying an arbitral award.The bench comprising Justices PS Narasimha and Manoj Misra was hearing the case dealing with …

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations
2 months, 1 week ago

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Live Law  

The High Court passed an interim order in a second appeal without framing a substantial question of law. c. The High Court erred by passing an interim order without framing a substantial question of law, violating Section 100, which bars second appeals without such a question d. Both and Answer: Option Case Title: U. SUDHEERA & OTHERS VERSUS C. YASHODA …

High Court Which Appointed Arbitrator U/S 11(6) Of Arbitration Act Cannot Be Classified As “Court” U/S 42: Himachal Pradesh HC
2 months, 3 weeks ago

High Court Which Appointed Arbitrator U/S 11(6) Of Arbitration Act Cannot Be Classified As “Court” U/S 42: Himachal Pradesh HC

Live Law  

The Himachal High Court bench of Ms. Justice Jyotsna Rewal Dua has held that the High Court which exercises original civil jurisdiction cannot be classified as 'Court' for the purpose of Section 42 of the Arbitration and Conciliation Act when it merely appointed arbitrators under Section 11 of the Act. Section 42 of the Act will not be attracted where …

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

Himachal Pradesh High Court Reiterates Limited Scope Of Court Intervention U/S 34 & 37 Of Arbitration & Conciliation Act
4 months 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. 11(6) A&C Act | Referral Courts Should Limit Its Enquiry To Prima Facie Existence Of Arbitration Agreement : Supreme Court
Trending News
4 months, 1 week 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
4 months, 1 week 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 …

NIA Act | High Courts Cannot Expand Scope Of Interpretation, Condone Delay Beyond Permissible Limit: Madras High Court
4 months, 2 weeks ago

NIA Act | High Courts Cannot Expand Scope Of Interpretation, Condone Delay Beyond Permissible Limit: Madras High Court

Live Law  

The Madras High Court recently held that the High Court was not empowered to condone the delay in filing an appeal under the National Investigating Agency Act 2008 beyond the permissible limit. The court added that the language employed in the provision under the NIA Act was unambiguous and thus the courts could not condone the delay beyond the permissible …

Important MCQ's Based On Latest Supreme Court Judgments For Law Examinations
8 months, 3 weeks ago

Important MCQ's Based On Latest Supreme Court Judgments For Law Examinations

Live Law  

A litigant filed an application under Section 5 of the Limitation Act, 1963 seeking condonation of delay on the grounds of a subsequent change in law. An application was filed under Section 29A of the Arbitration Act seeking an extension of the time limit for passing an arbitral award before the High Court not having an original civil jurisdiction. d. …

Supreme Court judgement in Chief Engineer V. BSC&C On Section 29-A , Arbitration Act
8 months, 4 weeks ago

Supreme Court judgement in Chief Engineer V. BSC&C On Section 29-A , Arbitration Act

Live Law  

In a short order passed on 13th May 2024, the Supreme Court dismissed a Special Leave Petition in arising out of a judgment passed by the Meghalaya High Court in Chief Engineer v. M/s. The Supreme Court further stated that in the case before it, the concerned High Court, i.e., the Meghalaya High Court did not possess OOCJ hence, said …

[Arbitration Act] General Explanation Of Intra-departmental Analysis And Discussions Doesn't Constitute Credible Explanation For Delay In Filing Appeal: Delhi High Court
9 months, 3 weeks ago

[Arbitration Act] General Explanation Of Intra-departmental Analysis And Discussions Doesn't Constitute Credible Explanation For Delay In Filing Appeal: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju held that a general explanation of intra-departmental analysis and discussions doesn't constitute as valid and credible explanation for condonation of delay in filing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996. Brief Facts: The Appellant approached the Delhi High Court and filed …

Appointing High Court Has Power To Extend Arbitrator's Mandate U/s 29A: Allahabad High Court Reiterates Settled Position Till Larger Bench Decides Issue
10 months, 1 week ago

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

Live Law  

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

Principal Civil Courts Can Extend Or Substitute Mandate Of Arbitrator If Not Originally Appointed By High Court Or Supreme Court: Meghalaya High Court
11 months ago

Principal Civil Courts Can Extend Or Substitute Mandate Of Arbitrator If Not Originally Appointed By High Court Or Supreme Court: Meghalaya High Court

Live Law  

The Meghalaya High Court single judge bench of Justice H. S. Thangkhiew held that Principal Civil Courts of original jurisdiction have the jurisdiction to extend or substitute the mandate of arbitrators under Section 29A of the A&C Act, 1996, only when the arbitrator was not appointed by the High Court or the Supreme Court. The key issue in this revision …

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

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

Live Law  

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

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

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

Live Law  

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

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

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

Live Law  

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

Limitation Act | Doesn't Encompass Long Delays, Condonation Only In Exceptional Cases: Allahabad High Court Dismisses Section 37 A&C Petition
1 year ago

Limitation Act | Doesn't Encompass Long Delays, Condonation Only In Exceptional Cases: Allahabad High Court Dismisses Section 37 A&C Petition

Live Law  

The Allahabad High Court single bench of Justice Shekhar B. Saraf held that Section 5 of the Limitation Act does not encompass long delays, and condonation can only be granted in exceptional cases where the appellant acted in a bona fide manner and not negligently. Furthermore, the High Court emphasized the applicability of Section 5 of the Limitation Act to …

S.29A Arbitration Act | Who Has Power To Hear Time Extension Application When Arbitrator Appointed By SC/HC/Parties? Allahabad HC Refers Question To Larger Bench
1 year, 1 month ago

S.29A Arbitration Act | Who Has Power To Hear Time Extension Application When Arbitrator Appointed By SC/HC/Parties? Allahabad HC Refers Question To Larger Bench

Live Law  

The Allahabad High Court has referred the question whether application under Section 29A of the Arbitration and Conciliation Act, 1996 for time extension can only be heard by the Supreme Court or the High Court where the appointment of such arbitrator has been made by the Supreme Court or the High Court, as the case may be. Avas Vikas Parishad …

Arbitration Act| Debatable Questions Of Fact Cannot Be Decided In Proceedings U/ S 11(6): Allahabad High Court
1 year, 1 month ago

Arbitration Act| Debatable Questions Of Fact Cannot Be Decided In Proceedings U/ S 11(6): Allahabad High Court

Live Law  

The Allahabad High Court has reiterated that the scope of judicial review in proceedings under Section 11 of the Arbitration and Conciliation Act, 1996 is very narrow. “In the said judgment, it has been observed that while deciding issue of arbitrability, the Court under Section 11 has a very limited power, confined to cases where there is not even a …

Speedy Justice And Lengthy Delays, The Arbitration Process
1 year, 5 months ago

Speedy Justice And Lengthy Delays, The Arbitration Process

Live Law  

Through the decades, it has been witnessed that Arbitration carries a huge possibility for delays either due to the court’s procedural interference or due to non-compliance with the limitation periods specified under the Act. This is because often when a party is dissatisfied with the final award and approaches the court to set it aside under Section 34 of the …

Arbitration Cases Weekly Round-Up: 14 To 20 May, 2023
1 year, 10 months ago

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

Live Law  

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

Referral Court Has Duty To Conclusively Decide Issue Of ‘Existence & Validity Of Arbitration Agreement’ Raised At Pre-Referral Stage : Supreme Court
1 year, 10 months ago

Referral Court Has Duty To Conclusively Decide Issue Of ‘Existence & Validity Of Arbitration Agreement’ Raised At Pre-Referral Stage : Supreme Court

Live Law  

The Supreme Court has held that under Section 11 of the Arbitration and Conciliation Act, 1996, when the issue of ‘existence and validity of an arbitration agreement’ is raised at pre-referral stage, then the Court is duty bound to conclusively decide the issue. Ltd. & Ors., has observed that the ‘pre-referral’ jurisdiction of Court under Section 11 of Arbitration and …

Supreme Court Deprecates Practice Of Filing Applications In Disposed Of SLPs To Side-Step Arbitration Process
1 year, 11 months ago

Supreme Court Deprecates Practice Of Filing Applications In Disposed Of SLPs To Side-Step Arbitration Process

Live Law  

The Supreme Court has reiterated that the courts normally ought not interfere with arbitral proceedings, especially till the time an award is not passed. The top court has deprecated the practice of filing applications in disposed of Special Leave Petitions in order to side-step the arbitration process, adding that the said applications must not be entertained by the court. The …

Limited Scrutiny of Court Under Section 11 Of Arbitration Act Through The “Eye Of The Needle”, Is Necessary And Compelling: Supreme Court
1 year, 11 months ago

Limited Scrutiny of Court Under Section 11 Of Arbitration Act Through The “Eye Of The Needle”, Is Necessary And Compelling: Supreme Court

Live Law  

The Supreme Court has ruled that the court while exercising jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 is not expected to act mechanically, and that the limited scrutiny of the court at the pre-reference stage, through the “eye of the needle”, is necessary and compelling. While setting aside the High Court’s order, the Supreme Court observed …

Parties Can Deviate From Terms Of Jurisdiction Under The Arbitration Clause Only Once: Madras High Court
2 years, 6 months ago

Parties Can Deviate From Terms Of Jurisdiction Under The Arbitration Clause Only Once: Madras High Court

Live Law  

The Madras High Court has ruled that the parties have got the liberty to deviate from the terms with respect to the jurisdiction, as contained in the Arbitration Clause; however, the number of such deviations is limited to only one. After certain disputes arose between the parties, the petitioner invoked the arbitration clause and filed an application under Section 11 …

Jurisdiction Of Second Appellate Authority Confined To Issue Of Limitation Where First Appeal Is Dismissed Citing Delay: MP High Court
2 years, 7 months ago

Jurisdiction Of Second Appellate Authority Confined To Issue Of Limitation Where First Appeal Is Dismissed Citing Delay: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that if the first appeal is dismissed by the first appellate authority solely upon rejection of the application for condonation of delay in filing the same, the jurisdiction of the second appellate authority would be confined to determining if the delay in filing the appeal before the first appellate authority should …

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 …

Section 11 Application Barred By Limitation; Parties Cannot Be Referred To Arbitration: Punjab and Haryana High Court
2 years, 8 months ago

Section 11 Application Barred By Limitation; Parties Cannot Be Referred To Arbitration: Punjab and Haryana High Court

Live Law  

The Punjab and Haryana High Court has reiterated that if the application for appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 is hopelessly time-barred, no arbitrator can be appointed by the High Court. The applicant filed an application before the Punjab and Haryana High Court under Section 11 of the Arbitration and Conciliation Act, 1996 …

Place Designated As The "Venue" Of Arbitration In Its Entirety, Is The "Seat" Of Arbitration: Bombay High Court
2 years, 8 months ago

Place Designated As The "Venue" Of Arbitration In Its Entirety, Is The "Seat" Of Arbitration: Bombay High Court

Live Law  

The Bombay High Court has reiterated that whenever a place is designated as the "venue" of the arbitration proceedings in its entirety in an Arbitration Clause, the said place would necessarily be the "seat" of the arbitral proceedings. The respondent VLCC submitted before the High Court that as per the Arbitration Agreement between the parties, the arbitral proceedings are to …

Arbitration Cases Weekly Round-Up: June 19 – June 25, 2022
2 years, 9 months ago

Arbitration Cases Weekly Round-Up: June 19 – June 25, 2022

Live Law  

Bombay High Court: Arbitral Proceedings Cannot Be Imposed On A Debenture Trustee Under A Scheme Of Compromise, In The Absence Of An Arbitration Agreement: Bombay High Court Case Title: HMG Industries Ltd. versus Canara Bank Citation: 2022 LiveLaw 224 The Bombay High Court has held that even though a Scheme of Compromise entered into under Section 391 of the Companies …

Inordinate And Unexplained Delay In Rendering Arbitral Award Is Against Public Policy Of India: Delhi High Court
2 years, 10 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 …

Application Under Section 11(6) Not Maintainable For Appointment Of Arbitrator In Absence Of A Written Agreement Between Parties: Supreme Court
2 years, 10 months ago

Application Under Section 11(6) Not Maintainable For Appointment Of Arbitrator In Absence Of A Written Agreement Between Parties: Supreme Court

Live Law  

The Supreme Court has ruled that there is a difference between the arbitrator appointed under Section 11 and under Section 11 of the Arbitration and Conciliation Act, 1996 and failing any written agreement between the parties on the procedure for appointing an arbitrator under Section 11, application for appointment of arbitrator shall be maintainable under Section 11 and not under …

Difference Between 'Seat' & 'Venue' Of Arbitration: Allahabad High Court Explains
3 years, 1 month ago

Difference Between 'Seat' & 'Venue' Of Arbitration: Allahabad High Court Explains

Live Law  

The Allahabad High Court while adjudicating upon a petition filed under Article 227 of the Constitution of India discussed the difference between 'Seat' and 'Venue' of Arbitration in the light of several judicial precedents.Justice Siddharth clarified,"The term "seat" is of utmost importance as it connotes the situs of arbitration. Thus, in the absence of the specified "Seat of Arbitration" in …

Delhi High Court Affirms No Embargo To Appointment Of An Arbitrator In Multiple Cases Under A&C Act
3 years, 2 months ago

Delhi High Court Affirms No Embargo To Appointment Of An Arbitrator In Multiple Cases Under A&C Act

Live Law  

In another recent judgment of the Delhi High Court in a petition under Section 11 of the Arbitration and Conciliation Act, 1996 challenging the appointment of an Arbitrator, the High Court affirmed the settled law that there is no bar in appointment of an Arbitrator in multiple cases, if so warranted. On the challenge to the appointment of its nominee …

Time Period Spent In Prosecuting SLP Would Be Good Ground For Condoning Delay In Filing A Review Application Before High Court: Supreme Court
3 years, 4 months ago

Time Period Spent In Prosecuting SLP Would Be Good Ground For Condoning Delay In Filing A Review Application Before High Court: Supreme Court

Live Law  

The Supreme Court on Monday observed that despite some delay on appellant's part, the time period spent in prosecuting a Special Leave Petition would be a good ground for condonation of delay in filing a review application before the High Court.The bench of Justices SK Kaul and MM Sundresh in their order said, "We are of the view that it …

Jurisdiction Of High Court Hearing An Arbitration Appeal Is Distinct From That Of First Appellate Court In A Civil Suit: Supreme Court
3 years, 4 months ago

Jurisdiction Of High Court Hearing An Arbitration Appeal Is Distinct From That Of First Appellate Court In A Civil Suit: Supreme Court

Live Law  

The Supreme Court observed that the jurisdiction in a first appeal arising out of a decree in a civil suit is distinct from the jurisdiction of the High Court under Section 37 of the Arbitration and Conciliation Act arising from the disposal of a petition challenging an arbitral award.In this case, the arbitrator rejected the claims made by a party. …

Supreme Court Expresses Concerns Of Judicial Propriety, Discipline Over P&H High Court Entertaining Fresh Plea When Proceedings Before It Pending
3 years, 7 months ago

Supreme Court Expresses Concerns Of Judicial Propriety, Discipline Over P&H High Court Entertaining Fresh Plea When Proceedings Before It Pending

Live Law  

Noting that where the proceedings are pending before it and instead of pursuing them to the logical conclusion, the party chose to institute a fresh writ petition before the Punjab and Haryana High Court, which the High Court has entertained, the Supreme Court expressed concerns of judicial propriety and discipline. "Despite the fact that this court is seized of the …

Refusal To Condone Delay For Appeal Under Section 34 Of Arbitration Act Appealable Under Section 37 : Supreme Court
4 years, 1 month ago

Refusal To Condone Delay For Appeal Under Section 34 Of Arbitration Act Appealable Under Section 37 : Supreme Court

Live Law  

In a significant verdict, the Supreme Court has held that an order refusing to condone the delay in filing an appeal under Section 34 of the Arbitration and Conciliation Act 1996 is appealable under Section 37 of the Act. ".the question of law is answered by stating that an appeal under section 37of the Arbitration Act, 1996 would be maintainable …

High Court's Power Under Article 226/227 To Interfere With Arbitration Process Needs To Be Exercised In Exceptional Rarity: Supreme Court
4 years, 2 months ago

High Court's Power Under Article 226/227 To Interfere With Arbitration Process Needs To Be Exercised In Exceptional Rarity: Supreme Court

Live Law  

The Supreme Court has observed that the power of the High Courts under Article 226/227 of the Constitution of India to interfere with an arbitration process needs to be exercised in exceptional rarity, wherein one party is left remediless under the statute or a clear 'bad faith' shown by one of the parties. If the Courts are allowed to interfere …

Delay of More Than 120 Days In Filing Arbitration Appeal Under Section 37 Cannot Be Condoned: SC [Read Judgment]
5 years, 3 months ago

Delay of More Than 120 Days In Filing Arbitration Appeal Under Section 37 Cannot Be Condoned: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a delay of more than 120 days in filing appeal under Section 37 of the Arbitration and Conciliation Act is not liable to be condoned.In M/S N.V. International vs. State Of Assam, an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 was filed challenging an order by District Judge rejecting a …

Conflict And Conundrum: Section 26 Of The Arbitration And Conciliation (Amendment) Act, 2015
7 years ago

Conflict And Conundrum: Section 26 Of The Arbitration And Conciliation (Amendment) Act, 2015

Live Law  

Section 26 of Arbitration and Conciliation Act, 2015 was enshrined to give hiatus to the controversy of applicable provisions to the pending arbitral proceedings. Nothing contained in this Act shall apply to the arbitral proceedings commenced, in accordance with the provisions of section 21 of the principal Act, before the commencement of this Act unless the parties otherwise agree but …

Conflict And Conundrum: Section 26 Of The Arbitration And Conciliation (Amendment) Act, 2015
7 years ago

Conflict And Conundrum: Section 26 Of The Arbitration And Conciliation (Amendment) Act, 2015

Live Law  

Section 26 of Arbitration and Conciliation Act, 2015 was enshrined to give hiatus to the controversy of applicable provisions to the pending arbitral proceedings. Nothing contained in this Act shall apply to the arbitral proceedings commenced, in accordance with the provisions of section 21 of the principal Act, before the commencement of this Act unless the parties otherwise agree but …

No Intra-Court Appeal Against Condonation Of Delay By Single Judge In Plea To Set Aside Arbitration Award: SC [Read Judgment]
7 years, 11 months ago

No Intra-Court Appeal Against Condonation Of Delay By Single Judge In Plea To Set Aside Arbitration Award: SC [Read Judgment]

Live Law  

The question as to whether the learned Single Judge had rightly exercised the discretion or otherwise could be assailed by the respondent before this court by way of special leave petition, the bench said.The Supreme Court, in Union of India vs M/S Simplex Infrastructures, has reiterated that intra-court Letters Patent Appeal under clause 15 of the Letters Patent of High …

HC Has No Jurisdiction To Decide On Second Appeal On An Unframed Question Of Law: SC [Read Judgment]
8 years ago

HC Has No Jurisdiction To Decide On Second Appeal On An Unframed Question Of Law: SC [Read Judgment]

Live Law  

Setting aside a high court judgment, which suo moto applied a provision of law while deciding a second appeal, the Supreme Court has reiterated that the high court has no jurisdiction to decide on a second appeal on a question which is not framed as required under Section 100 of the Code of Civil Procedure.In the instant case, the high …

HC Has No Jurisdiction To Decide On Second Appeal On An Unframed Question Of Law: SC [Read Judgment]
8 years ago

HC Has No Jurisdiction To Decide On Second Appeal On An Unframed Question Of Law: SC [Read Judgment]

Live Law  

Setting aside a high court judgment, which suo moto applied a provision of law while deciding a second appeal, the Supreme Court has reiterated that the high court has no jurisdiction to decide on a second appeal on a question which is not framed as required under Section 100 of the Code of Civil Procedure.In the instant case, the high …

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