Courts Must Be Conscious Of Power Of Arbitral Tribunal While Exercising Discretion Under Section 9 Of The Arbitration Act: Gujarat High Court
2 years, 11 months ago

Courts Must Be Conscious Of Power Of Arbitral Tribunal While Exercising Discretion Under Section 9 Of The Arbitration Act: Gujarat High Court

Live Law  

Section 9 of the Arbitration Act envisages 'interim measures' and the Courts must not adjudicate a substantive issue at this stage, the Gujarat High Court has observed today. Thus, the two primary issues which were raised before the High Court were: whether the Commercial Court, in exercise of its power under Section 9 of the Arbitration Act, could have directed the EBTL to maintain a depth in the channel of 10 meters below the chart datum by way of an interim measure in favour of the AMNS? Contentions The Appellant ie, EBTL's contended that the court had exceeded its jurisdiction beyond the scope of Section 9 in directing EBTL to always maintain a channel depth of 10 metres. The High Court also affirmed the view taken in Kiritkumar Futarmal Jain vs Valencia Corporation judge ment : "once the jurisdiction of the court is invoked under Section 9 of the Arbitration Act for interim measures either before or during the pendency of the arbitral proceedings and such remedy is exhausted, similar interim measures cannot be claimed before the arbitral tribunal under sub-section of Section 17 of the Arbitration Act as the same may give rise to a situation where there would be simultaneously two orders in existence in respect of the same cause of action; one, that may be passed by the court, and another, that may be passed by the arbitral tribunal."

Arbitration Court Tribunal Act Bench Tariff Usd Inr Interim Metres Arbitral Maintain Section 17 Section 9 Chc Section 9 Of The Arbitration Act Section 9 Of Depth Interim Measures Section 9 Of The 10 Metres Ebtl Amns  exercising  court  interim  maintain  high  tariff  metres  arbitral  conscious  arbitration  discretion  ebtl  gujarat  act  tribunal  power  depth  courts  amns

History of this topic

While Deciding Petition U/S 9 Of Arbitration Act, Court Cannot Ignore Basic Principles Of CPC: Andhra Pradesh HC
2 days, 21 hours ago

While Deciding Petition U/S 9 Of Arbitration Act, Court Cannot Ignore Basic Principles Of CPC: Andhra Pradesh HC

Live Law  

The Andhra Pradesh High Court bench of Justices Ninala Jayasurya and Nayapathy Vijay observed that in deciding a petition under Section 9 of the Arbitration Act, the Court cannot ignore the basic principles of the CPC. In exercise of its powers to grant interim relief under Section 9 of the Arbitration Act, the Court is not strictly bound by 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 …

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 …

Whether Claim Is Barred By Res Judicata Cannot Be Decided By Court At S.11 Stage Of Arbitration Act: P&H High Court
1 month, 2 weeks ago

Whether Claim Is Barred By Res Judicata Cannot Be Decided By Court At S.11 Stage Of Arbitration Act: P&H High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Survir Sehgal affirmed that the question whether a claim is barred by res judicata, does not arise for consideration in a proceedings under Section 11 of the Arbitration Act. That the petitioner had two remedies and having chosen to avail the remedy under Real Estate Act, 1996, he was debarred from …

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 …

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 …

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

Once Arbitration Agreement Is Confirmed, Court Should Refrain From Delving Into Other Issues: Delhi High Court
7 months ago

Once Arbitration Agreement Is Confirmed, Court Should Refrain From Delving Into Other Issues: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Amit Bansal held that the role of the court is limited to verifying the existence of a valid arbitration agreement. Observations by the High Court: The High Court referred to Clause 26 in the EPC Contract which provided that in the event conciliation between the parties fails, disputes may be referred to arbitration. …

Court Fully Empowered To Extend Mandate Even After Expiry Of Arbitral Tribunal's Mandate Under Section 29A(4): Delhi High Court
7 months, 1 week ago

Court Fully Empowered To Extend Mandate Even After Expiry Of Arbitral Tribunal's Mandate Under Section 29A(4): Delhi High Court

Live Law  

The Delhi High Court bench of Justice Prathiba M. Singh held the court is fully empowered to extend the mandate, even after the expiry of the mandate of the Arbitral Tribunal under Section 29A of the Arbitration and Conciliation Act, 1996. Feeling aggrieved, the Petitioner approached the Delhi High Court and filed a petition under Sections 29A & of the …

Arbitration Weekly Round-Up: 15th April to 21st April 2024
8 months, 2 weeks 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
8 months, 2 weeks 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 …

Unilateral Appointment Of Arbitrator By Party: Delhi High Cout Set Aside Arbitral Award As It Contravened Section 12(5) A&C And & 7th Schedule
9 months, 2 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. …

Even If Arbitral Award Set Aside For Non-Compliance With Section 12, Parties Can File Fresh Section 11 Application For Arbitrator Appointment: Delhi High Court
10 months, 1 week ago

Even If Arbitral Award Set Aside For Non-Compliance With Section 12, Parties Can File Fresh Section 11 Application For Arbitrator Appointment: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Dinesh Kumar Sharma held that mere invalidation or unenforceability of the arbitrator appointment process does not render the entire arbitration clause void. The bench held that even if an arbitration award is set aside due to unilateral appointment and non-compliance with Section 12 of the Arbitration Act, fundamental agreement between the parties …

No Need For Notice To Invoke Fresh Arbitration Where Analogous Arbitral Proceedings Going: Delhi High Court Allows Section 11(6) Petition
10 months, 2 weeks ago

No Need For Notice To Invoke Fresh Arbitration Where Analogous Arbitral Proceedings Going: Delhi High Court Allows Section 11(6) Petition

Live Law  

The Delhi High Court single bench of Justice Manoj Kumar Ohri held that in cases where there are analogous arbitration proceedings related to other agreements, there is no need to invoke fresh arbitration by issuing a notice under Section 21 of the Arbitration Act. The Petitioner approached the Delhi High Court and filed a petition under Section 11 of the …

Arbitration Weekly Round-Up: 27th November to 3rd December
1 year, 1 month 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 …

The India International Arbitration Centre (IIAC) Releases Conduct Of Arbitration Regulations, 2023
1 year, 3 months ago

The India International Arbitration Centre (IIAC) Releases Conduct Of Arbitration Regulations, 2023

Live Law  

The India International Arbitration Centre has officially unveiled the India International Arbitration Centre Regulations, 2023, shedding light on the intricate procedures governing arbitral processes. These Regulations, which became effective on September 1, meticulously outline the procedure for initiating arbitration under the purview of IIAC, the selection of arbitrators, and the mechanisms for resolving disputes. The Regulations also encompass provisions aimed …

Himachal Pradesh High Court Stays Arbitration Proceedings Commenced Without Fulfilling The Pre-Arbitration Condition Of Negotiation
1 year, 5 months ago

Himachal Pradesh High Court Stays Arbitration Proceedings Commenced Without Fulfilling The Pre-Arbitration Condition Of Negotiation

Live Law  

The Himachal Pradesh High Court has stayed the arbitration proceedings that were unilaterally commenced by a party without complying/fulfilling the pre-condition of negotiation as mandated by the terms of the agreement between the parties. The bench of Justice Tarlok Singh Chauhan observed that when the dispute resolution clause in the agreement mandates the parties to explore negotiation before resorting to …

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: …

Gujarat High Court Deprecates And Cautions Arbitrator Morris Samuel Christian's Conduct, Warns Against Impersonation And Arbitrary Proceedings; Allows Petition By GMDC Ltd
1 year, 6 months ago

Gujarat High Court Deprecates And Cautions Arbitrator Morris Samuel Christian's Conduct, Warns Against Impersonation And Arbitrary Proceedings; Allows Petition By GMDC Ltd

Live Law  

The Gujarat High Court recently allowed the writ petition filed by Gujarat Mineral Development Corporation Limited praying for quashing and setting aside the mandate, constitution and authority of Morris Samuel Christian in relation to an Arbitration Case, with a further request to quash and set aside the ‘Final Awarding’ passed by the respondent. The court noted that respondent no.1 presented …

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

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 …

Arbitration Proceedings Against IRCTC; Delhi High Court Rejects Unilateral Appointment Of Arbitrator
2 years, 2 months ago

Arbitration Proceedings Against IRCTC; Delhi High Court Rejects Unilateral Appointment Of Arbitrator

Live Law  

The High Court of Delhi has held that the designation of Zonal Offices as the 'venue' of arbitration would not make it the 'seat' of arbitration when the meaningful dealings related to the contract happened at the Headquarters of a party. Contention of the Parties The petitioner sought the appointment of the arbitrator on the following grounds: The arbitration clause …

Arbitration Cases Weekly Round-Up: 11 September To 17 September 2022
2 years, 3 months ago

Arbitration Cases Weekly Round-Up: 11 September To 17 September 2022

Live Law  

Supreme Court: Disputes Related To Tax Concessions Are Not Arbitrable: Supreme Court Case Title: M/s Shree Enterprise Coal Sales Pvt Ltd. versus Union Of India The Supreme Court has held that disputes related to tax concessions are not arbitrable. Rejection Of Belated Application For Amendment Of Claim - Not An Interim Award: Delhi High Court Case Title: Punita Bhardwaj versus …

Can't Maintain Proceedings U/S 34 Arbitration Act Before Two Fora: Gujarat High Court
2 years, 5 months ago

Can't Maintain Proceedings U/S 34 Arbitration Act Before Two Fora: Gujarat High Court

Live Law  

The Gujarat High Court, while dismissing the Civil Application of the Petitioner which challenged the award of the relevant arbitration, has observed that the Petitioner had 'conveniently' initiated two proceedings- one before the instant Bench and another before the District Court under Sec 34. The brief facts of the case were that the Petitioner had challenged the order of the …

Arbitration Cases Weekly Round-Up: June 19 – June 25, 2022
2 years, 6 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 …

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

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

Live Law  

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

Second Section 9 Application, Relief Can't Be Granted As It Would Amount To Main Relief In Arbitration :Gujarat High Court
2 years, 8 months ago

Second Section 9 Application, Relief Can't Be Granted As It Would Amount To Main Relief In Arbitration :Gujarat High Court

Live Law  

The Gujarat High Court has ruled that once an application under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim measures has been disposed of, a subsequent similar application seeking similar reliefs, which were already dealt with in the earlier proceedings, is not maintainable. Thereafter, the appellant filed an application under Section 9 of the A&C Act for …

There Cannot Be A Deemed Waiver Of Section 12(5) Of The A&C Act By Issuing A Letter To The Opposite Party: Gujarat High Court
2 years, 8 months ago

There Cannot Be A Deemed Waiver Of Section 12(5) Of The A&C Act By Issuing A Letter To The Opposite Party: Gujarat High Court

Live Law  

The Gujarat High Court has ruled that unless the embargo placed under Section 12 of the Arbitration and Conciliation Act, 1996 is waived by the parties, the provisions of Section 12 would continue to be attracted. The Single Bench of Chief Justice Aravind Kumar held that there cannot be a deemed waiver of Section 12 by merely issuing a letter …

Statutory Remedy Against Appointment Of Arbitrator Lies Under Arbitration Act, Can't Invoke Extraordinary Jurisdiction Under Art. 226: Gujarat HC
2 years, 11 months ago

Statutory Remedy Against Appointment Of Arbitrator Lies Under Arbitration Act, Can't Invoke Extraordinary Jurisdiction Under Art. 226: Gujarat HC

Live Law  

If an Act prescribes a mechanism to address certain grievances and the petitioner is ignorant of such statutory mechanism or chooses not to avail them and straightaway invokes High Court's extraordinary jurisdiction under A.226 of the Constitution, then exercising such jurisdiction for the same is not in the fitness of things, Gujarat high Court has held. In a writ petition …

Delhi High Court Affirms No Embargo To Appointment Of An Arbitrator In Multiple Cases Under A&C Act
2 years, 11 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 …

Arbitration Court Reckoner : August 2020
4 years, 3 months ago

Arbitration Court Reckoner : August 2020

Live Law  

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

Sec 29A Arbitration Act :Power To Appoint Governs Power To Extend?
4 years, 7 months ago

Sec 29A Arbitration Act :Power To Appoint Governs Power To Extend?

Live Law  

The Arbitration & Conciliation Act, 2015 ushered in several sweeping changes in the Arbitration & Conciliation Act, 1996 with the laudable objective to make arbitration a preferred mode of dispute resolution of commercial disputes by seeking to make it efficacious, expeditious and cost effective. This question emerged as while the word used in S. 29A is 'Court', which would then …

Any Order Of Arbitral Tribunal In Course Of Arbitration Cannot Be Challenged By Way Of Writ Petition : Gujarat HC [Read Judgment]
4 years, 8 months ago

Any Order Of Arbitral Tribunal In Course Of Arbitration Cannot Be Challenged By Way Of Writ Petition : Gujarat HC [Read Judgment]

Live Law  

The Gujarat High Court in a judgment delivered last week again considered whether any order passed during pendency of arbitration proceedings under the Act­ of 1996 can be challenged by certiorari under Articles 226 and 227 of the Constitution of India or not. "Considering the policy, objects and the provisions of the Arbitration Act of 1996, an order passed during …

Gujarat Public Works Contract Disputes Arbitration Tribunal Can Pass Interim Orders U/s 17 Arbitration & Conciliation Act: SC [Read Judgment]
5 years ago

Gujarat Public Works Contract Disputes Arbitration Tribunal Can Pass Interim Orders U/s 17 Arbitration & Conciliation Act: SC [Read Judgment]

Live Law  

The Supreme Court has held that Gujarat Public Works Contract Disputes Arbitration Tribunal has jurisdiction to make interim orders in terms of Section 17 of the Arbitration and Conciliation Act, 1996 The Tribunal is constituted under Section 3 of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992. In this case, the the Tribunal held that it can only …

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