Constitution bench reserves judgment in arbitration case
3 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 cases involving government entities and PSUs. During the proceedings on Thursday, the bench highlighted the critical importance of maintaining integrity in arbitration, particularly in cases involving government entities and PSUs. While government entities like the Railways have argued that the Arbitration and Conciliation Act permits unilateral appointments, the court has expressed strong reservations against blending public law principles with private contractual agreements, which could blur legal boundaries and draw global criticism of the Supreme Court of India. The bench also expressed concern over the practice of financial companies, particularly non-banking financial companies, unilaterally appointing sole arbitrators in disputes involving vulnerable individuals, such as taxi and truck drivers -- a practice the court views as distorting the purpose of arbitration.

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History of this topic

2024 Round-Up| Constitution Bench Decisions Of Supreme Court
1 day, 12 hours ago

2024 Round-Up| Constitution Bench Decisions Of Supreme Court

Live Law  

The Supreme Court in 2024 held several Constitution Benches to resolve crucial and long pending issues with nationwide socio-legal ramifications. State's Power To Tax Mineral Rights In Mineral Area Development Authority v. M/S Steel Authority Of India & Ors, the Supreme Court held by an 8:1 majority that States have the power to levy tax on mineral rights and that …

Referral Court U/S 11 Of Arbitration Act Cannot Enter Into Merits Of Subject Matter Of Disputes: Rajasthan High Court
Trending News
1 week, 5 days ago

Referral Court U/S 11 Of Arbitration Act Cannot Enter Into Merits Of Subject Matter Of Disputes: Rajasthan High Court

Live Law  

The Rajasthan High Court bench of Justice Sudesh Bansal has held that the court under section 11 of the Arbitration Act cannot enter into merits of subject matter of the disputes. It submitted that since the disputes/ differences have arisen between the parties, due to noncompliance of the collaboration agreement, which are arbitral in nature and an arbitration agreement incorporated …

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

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

Supreme Court Notifies New Subject-Wise Roster With Effect From November 11
1 month, 1 week ago

Supreme Court Notifies New Subject-Wise Roster With Effect From November 11

Live Law  

The Supreme Court has published a new roster of work with effect from November 11, 2024, after Justice Sanjiv Khanna became the Chief Justice of India. The bench of the Chief Justice of India handles the maximum number of subjects, ranging from PILs, social justice, service, election, indirect taxation, arbitration, admirality, judicial service, the appointment of constitutional functionaries, armed forces, …

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

State-run firms in a bind as apex court clips powers to appoint arbitrators
1 month, 1 week ago

State-run firms in a bind as apex court clips powers to appoint arbitrators

Live Mint  

New Delhi: The Supreme Court's move to slash the powers of state-run companies to unilaterally appoint arbitrators on Chief Justice D. Y. Chandrachud's last day in office leaves the country's public sector units in a cloud of uncertainty. Following this amendment, parties began filing applications under Section 11 of the Arbitration and Conciliation Act, seeking to invalidate arbitration clauses where …

Constitution Bench Judgments Of Justice DY Chandrachud
1 month, 2 weeks ago

Constitution Bench Judgments Of Justice DY Chandrachud

Live Law  

The Chief Justice of India Dr. D.Y. Bench: CJI DY Chandrachud, Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra 13. v. M/S Lalta Prasad Vaish : A nine-judge Constitution Bench of the Supreme Court held by 8:1 majority, held that the States have the power to regulate 'denatured spirit or industrial alcohol'. Bench: CJI DY Chandrachud, Justices Hrishikesh …

Govt cannot unilaterally appoint arbitrators: SC judgment
1 month, 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 …

Unilateral Arbitrator Appointment Clauses In Public-Private Contracts Invalid; Can't Compel Selection Of Arbitrators From PSU's Panels : Supreme Court
1 month, 2 weeks ago

Unilateral Arbitrator Appointment Clauses In Public-Private Contracts Invalid; Can't Compel Selection Of Arbitrators From PSU's Panels : Supreme Court

Live Law  

The Supreme Court on Friday ruled against clauses allowing Public Sector Undertakings to unilaterally appoint arbitrators to decide disputes with private contractors. The Constitution Bench held that while PSUs can maintain a panel of potential arbitrators, they cannot compel the other party to select its arbitrator from the panel.The Constitution Bench comprising Chief Justice. The Constitution Bench comprising Chief Justice …

Delhi High Court Rules on Appointment of Arbitral Tribunal: Invalid Procedures Before Improper Arbitral Tribunal Are Non-Est
2 months ago

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

Live Law  

The Delhi High Court has held that any proceedings before an improperly constituted arbitral tribunal are non-est. This means that any disputes arising from an improperly constituted arbitral tribunal are not subject to arbitration. The court also held that whether a particular claim is precluded from arbitration on account of being an excepted matter should be decided by a duly …

Top court judge notes role of arbitration for resolution of disputes
3 months, 1 week ago

Top court judge notes role of arbitration for resolution of disputes

Hindustan Times  

Supreme Court judge, justice Surya Kant, on Sunday emphasised the growing importance of arbitration as a key mechanism for dispute resolution in an increasingly interconnected world. Justice Surya Kant In his valedictory address at the “Conference on International Arbitration and the Rule of Law”, the judge highlighted that India is positioning itself as a hub of international commercial arbitration as …

Constitution bench says fairness key in arbitration
3 months, 3 weeks ago

Constitution bench says fairness key in arbitration

Hindustan Times  

A Supreme Court constitution bench on Thursday underscored the importance of fairness in arbitration, particularly in cases involving the government and public sector undertakings, stating that the government’s interest should extend beyond securing favorable outcomes, focussing instead on preserving the integrity of the arbitration process as a whole. The five-judge bench, led by Chief Justice of India Dhananjaya Y Chandrachud, …

India aims to be global arbitration hub. And cut costs for its biggest litigant.
4 months, 1 week 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. …

Need For Impartiality Standards To Arbitral Institutions
5 months, 2 weeks ago

Need For Impartiality Standards To Arbitral Institutions

Live Law  

Arbitration's popularity in dispute resolution stems from its efficiency and the freedom offered by its promise of party autonomy. This framework includes statutory grounds for challenging an Arbitrator's eligibility and Supreme Court rulings that extend this scrutiny to unilateral appointments made by a party to the arbitration agreement. Challenges Of Institutional Bias In Arbitration While a welcome step in the …

Chief Justice Or Their Designate Cannot Adjudicate Merits Of Dispute Under Section 11 Of Arbitration Act: Calcutta High Court
5 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 …

Indian judiciary exercises prudence & restraint in interfering with arbitral awards: Justice Kohli
6 months, 2 weeks ago

Indian judiciary exercises prudence & restraint in interfering with arbitral awards: Justice Kohli

Hindustan Times  

New Delhi, The Indian judiciary exercises prudence and restraint in interfering with arbitral awards and judicial intervention on grounds of patent illegality or public policy ought to be an exceptional measure to be deployed sparingly, Supreme Court judge Justice Hima Kohli has said. Indian judiciary exercises prudence & restraint in interfering with arbitral awards: Justice Kohli She said the Supreme …

Arbitration now preferred method for commercial justice: CJI Chandrachud
6 months, 2 weeks ago

Arbitration now preferred method for commercial justice: CJI Chandrachud

Hindustan Times  

Chief Justice of India Dhananjaya Y Chandrachud has underscored the pivotal role of arbitration in the realm of commercial justice, asserting that it is no longer an alternative but a preferred method of dispute resolution. Delivering his address at the Supreme Court of the United Kingdom on Thursday evening, the CJI highlighted the evolution of arbitration from a supplementary dispute …

Issues On Merits, Should Be Raised Before Arbitrator, Not In Section 11 Proceedings ; Delhi High Court
6 months, 4 weeks ago

Issues On Merits, Should Be Raised Before Arbitrator, Not In Section 11 Proceedings ; Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna held that objection regarding the insufficiency of service is considered to be on merits and therefore should be raised before the Arbitrator. Brief Facts: The petitioner, Delhivery Limited, and the Respondent, Far Left Retail Private Limited, entered into a Service Agreement, which later resulted in a dispute. Consequently, the Petitioner …

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
8 months ago

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict

Live Law  

The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in …

Unilateral Appointment Of Arbitrator By Party: Delhi High Cout Set Aside Arbitral Award As It Contravened Section 12(5) A&C And & 7th Schedule
8 months, 4 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. …

Arbitration Weekly Round Up: 26th May 2024 To 2nd June 2024
9 months, 4 weeks ago

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

Live Law  

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

IIAM: Panel Discussion On "Future-Proofing Investments: Trends In Arbitration" [25th February 2024]
10 months, 4 weeks ago

IIAM: Panel Discussion On "Future-Proofing Investments: Trends In Arbitration" [25th February 2024]

Live Law  

Indian Institute of Arbitration & Mediation is conducting a Panel Discussion on "Future-Proofing Investments: Trends in Arbitration" on 25th February 2024 at New Delhi. Bhat, Former Judge, Supreme Court of India Mr. Friedrich Rosenfeld, Partner at Hanefeld at Paris and Global Adjunct Professor of Law at NYU Paris Mr. Anil Xavier, Chairman APCAM & President IIAM Mr. Sidharth Sethi, Partner, …

A Party Cannot Be Compelled To Appoint An Arbitrator From A Narrow Panel Consisting Of 3 Persons: Delhi High Court Reiterates
11 months, 4 weeks ago

A Party Cannot Be Compelled To Appoint An Arbitrator From A Narrow Panel Consisting Of 3 Persons: Delhi High Court Reiterates

Live Law  

The High Court of Delhi has held that a panel of arbitrators consisting of merely 3 persons is not broad-based, therefore, a party cannot be compelled to appoint the arbitrator from such a narrow panel. The bench of Justice Jyoti Singh also reiterated that mere participation in the arbitral proceedings cannot be constituted as a waiver to application of Section …

Arbitration Weekly Round-Up: 27th November to 3rd December
1 year ago

Arbitration Weekly Round-Up: 27th November to 3rd December

Live Law  

Bombay High Court N.N. Court U/S 37 Of The A&C Act Can’t Undertake An Independent Assessment Of Arbitral Award,: Bombay High Court Case Title: Madgavkar Salvage v. Bergen Offshore Logistics Pvt Ltd, Comm. Taking into account the legal position, the case law on the subject and the particular facts in the present matter, the Court is accordingly of the view …

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

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

Live Law  

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

Govt vs Court – the problem is structural
1 year ago

Govt vs Court – the problem is structural

Hindustan Times  

A Bench of the Supreme Court consisting of justices Sanjay Kishan Kaul and Sudhanshu Dhulia has criticised the Centre’s “selective approach” in appointing and transferring judges of the higher judiciary. In the United Kingdom, it is a Judicial Appointment Commission that chooses judges for higher courts; neither the judiciary nor the executive has predominance. India does not have a “clearly …

Arbitrator Won't Become Ineligible By Unilaterally Revising Fee; Mandate Can't Be Terminated On Grounds Not Mentioned In Schedule : Supreme Court
1 year, 2 months ago

Arbitrator Won't Become Ineligible By Unilaterally Revising Fee; Mandate Can't Be Terminated On Grounds Not Mentioned In Schedule : Supreme Court

Live Law  

In a notable judgment, the Supreme Court has held that unilateral revision of fee by an arbitral tribunal, though not permissible, will not terminate its mandate on the ground of ineligibility as per Section 12 of the Arbitration and Conciliation Act 1996.Although the Supreme Court has held in Oil and Natural Gas Corporation Ltd. vs Afcons Gunanusa JV 2022 LiveLaw …

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

'India Is Arbitration-Friendly' : Justice SK Kaul Says At International Legal Forum Of Asia-Pacific Region
1 year, 2 months ago

'India Is Arbitration-Friendly' : Justice SK Kaul Says At International Legal Forum Of Asia-Pacific Region

Live Law  

Justice Sanjay Kishan Kaul, judge of the Supreme Court, participated in the 12th International Legal Forum of the Asia-Pacific Region on Thursday. The topic of the forum was, "Balance of Protection of National Interests and Rights of Participants of International Economic Relations".In his address, Justice Kaul said that the judiciary should exercise restraint in interfering. In his address, Justice Kaul …

Supreme Court Gears Up For First Seven-Judge Bench Live-Stream In History
1 year, 2 months ago

Supreme Court Gears Up For First Seven-Judge Bench Live-Stream In History

Live Law  

A constitution bench of the Supreme Court will begin hearing today the reference of the 1998 PV Narasimha Rao judgment, which was referred last month to a larger bench of seven judges. Another reason why the proceedings scheduled to start today have already made history before beginning is that this is the first seven-judge bench hearing after the top court's …

Seven-judge bench to review SC’s April arbitration verdict
1 year, 2 months ago

Seven-judge bench to review SC’s April arbitration verdict

Live Mint  

New Delhi: Citing the “limitless uncertainty in the area of arbitration” at present, the Supreme Court on Tuesday preferred a seven-judge bench to review its ruling in April that held an arbitration clause is not enforceable in law if the agreement is unstamped or insufficiently stamped. Thus, by agreeing to hear the curative petition, the Supreme Court has During the …

Arbitration Cases Weekly Round- Up: 11 June To 17 June 2023
1 year, 6 months ago

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

Live Law  

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

Why only appoint judges as arbitrators?
1 year, 9 months ago

Why only appoint judges as arbitrators?

Hindustan Times  

Chief Justice of India DY Chandrachud recently remarked that the arbitration space in India resembles an old boy’s club. The core question that an ITA tribunal must answer is whether the impugned State conduct is in accordance with international law. This raises questions about their suitability to sit on an ITA tribunal that would involve challenging international law questions. Third, …

Clause Exclusively Empowering Chief Project Manager To Appoint Arbitrator From A Panel Maintained By It, Illegal: Delhi High Court
1 year, 9 months 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 …

Judiciary must step in to ensure an effective arbitration ecosystem: CJI
1 year, 10 months ago

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

Hindustan Times  

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

Court Not Powerless To Appoint Appropriate Arbitral Tribunal, Even If Party Forfeits Its Right Under Arbitration Clause: Bombay High Court
1 year, 10 months ago

Court Not Powerless To Appoint Appropriate Arbitral Tribunal, Even If Party Forfeits Its Right Under Arbitration Clause: Bombay High Court

Live Law  

The Bombay High Court has ruled that even if a party’s right to appoint its nominee in the Arbitral Tribunal as per the arbitration clause, is forfeited because it failed to exercise its right within the statutory period after receiving the notice invoking arbitration, it would not render the Court powerless to appoint an appropriate Arbitral Tribunal, after considering the …

Constitution Bench to hear Shiv Sena factional dispute on February 14
1 year, 11 months ago

Constitution Bench to hear Shiv Sena factional dispute on February 14

The Hindu  

A five-judge Bench of the Supreme Court on Tuesday, January 10, 2023, said it will start hearing from February 14 the political battle between Uddhav Thackeray and Maharashtra Chief Minister Eknath Shinde over the “real” Shiv Sena. Lawyers had argued that the three-judge Bench raised “important constitutional questions relating to interpretation of Schedule 10 of the Constitution pertaining to disqualification, …

Institutional Arbitration – Breaking The Deadlock In Small-Value Lending Disputes
1 year, 11 months ago

Institutional Arbitration – Breaking The Deadlock In Small-Value Lending Disputes

Live Law  

A commercial court in Delhi recently rejected an application to enforce an arbitral award due to unilateral appointment of the sole arbitrator in the dispute. It would be expedient for lenders to incorporate an appropriate institutional arbitration clause in the loan agreements; however, the challenge arises in legacy agreements containing unilateral appointment clauses. Interestingly, the commercial court of Delhi also …

Arbitration Cases Weekly Round-Up: 25 December To 31 December, 2022
1 year, 11 months ago

Arbitration Cases Weekly Round-Up: 25 December To 31 December, 2022

Live Law  

Bombay High Court: Correspondence Between Parties Cannot Overrule Clear Intention Under Agreement Providing For Optional Arbitration: Bombay High Court Case Title: GTL Infrastructure Ltd. versus Vodafone India Ltd. Arbitration Can Be Invoked Against Party Deleted From Section 9 Application: Bombay High Court Case Title: Deccan Paper Mills Co. Ltd. versus M/s. Calcutta High Court: Disclosure Of Impartiality By Arbitrator Appointed …

'Urgent Need Of A Credible Institutional Arbitration Centre In India': Delhi High Court Rejects Plea Alleging Bias In Composition Of DIAC
2 years ago

'Urgent Need Of A Credible Institutional Arbitration Centre In India': Delhi High Court Rejects Plea Alleging Bias In Composition Of DIAC

Live Law  

Dismissing a public interest litigation challenging the constitutional validity of Section 5 of the New Delhi International Arbitration Centre Act, the Delhi High Court has said that mere involvement and support of the Centre does not by itself raise apprehension of bias and impartiality.The provision provides for constitution of New Delhi International Arbitration Centre with following. Dismissing a public interest …

Arbitration Cases Weekly Round-Up: 4 December To 10 December, 2022
2 years ago

Arbitration Cases Weekly Round-Up: 4 December To 10 December, 2022

Live Law  

Bombay High Court: Clause Merely Providing Departmental Remedies, For Faster Resolution Of Disputes; Does Not Constitute An Arbitration Agreement: Bombay High Court Case Title: M/s. A&C Amendment Act of 2015 Applies Even If Arbitration Commenced Prior, In Case It Is Stated That Amendment Act Applies: Bombay High Court Case Title: M/s Skoda Auto Volkswagen India Private Limited versus M/s Commercial …

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

DC Edit | Transparency needed in appointment of judges
2 years ago

DC Edit | Transparency needed in appointment of judges

Deccan Chronicle  

The stalemate over appointments of judges in the high courts and the Supreme Court has of late triggered unsavoury exchanges between the Union government and the Supreme Court of India. The latest is the apex court pinpointing that its striking down the amendment to the Constitution providing for a National Judicial Appointments Commission was behind the Union government delaying appointment …

DC Edit | Judges’ pick: Make it transparent
2 years, 1 month ago

DC Edit | Judges’ pick: Make it transparent

Deccan Chronicle  

The Supreme Court expressing its displeasure to the Union government over the delay in appointing people in the higher judiciary despite reiteration by its collegium and issuing notice to bureaucrats in the ministry of law and justice must trigger a serious discussion in the way in which the whole exercise is being conducted. However, with the passage of time, the …

Arbitration Cases Weekly Round-Up: 30 October To 5 November, 2022
2 years, 1 month ago

Arbitration Cases Weekly Round-Up: 30 October To 5 November, 2022

Live Law  

Supreme Court: Issue Of Arbitrability Should Be Left To Arbitrator Unless On The Face It Is Found That Dispute Is Non- Arbitrable: Supreme Court Case Title: VGP Marine Kingdom Pvt Ltd versus Kay Ellen Arnold The Supreme Court reiterated that while considering application under Section 11 of the Arbitration and Conciliation Act, the dispute with respect to the arbitrability should …

Is Arbitration Clause In Unstamped Contract Valid? Supreme Court Constitution Bench Appoints Senior Advocate Gourab Banerji As Amicus
2 years, 2 months ago

Is Arbitration Clause In Unstamped Contract Valid? Supreme Court Constitution Bench Appoints Senior Advocate Gourab Banerji As Amicus

Live Law  

A Constitution Bench of the Supreme Court, on Thursday, appointed Senior Advocate, Mr. Gourab Banerji as an Amicus Curiae to assist the Apex Court with the issue, whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable. Justice Rastogi asked Mr. Banerji to name three …

Arbitration Cases Weekly Round-Up: 21 August To 27 August, 2022
2 years, 3 months ago

Arbitration Cases Weekly Round-Up: 21 August To 27 August, 2022

Live Law  

Bombay High Court: Interim Relief Under Section 9 Of A&C Act - Incidental To Recovery Of Possession OfProperty; Small Causes Court Alone Would Have Jurisdiction: Bombay High Court Case Title: BXIN Office Parks India Pvt. Mere Erroneous Application Of Law; Award Need Not Be Set Aside: Bombay High Court Case Title: National Highways Authority of India versus The Additional Commissioner, …

Unilateral Constitution Of A Narrow Panel Of Arbitrators Violates Impartiality : Delhi High Court
2 years, 3 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 …

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