Arbitration: 2019 Amendment To Section 29A Timeline Has Retrospective Effect From 23 October 2015, Holds Delhi HC [Read Judgment]
4 years, 7 months ago

Arbitration: 2019 Amendment To Section 29A Timeline Has Retrospective Effect From 23 October 2015, Holds Delhi HC [Read Judgment]

Live Law  

Infusing clarity on the applicability of the amended Section 29A of the Arbitration and Conciliation Act, 1996,, the Single Judge of the Delhi High Court in the case of ONGC PETRO ADDITIONS LIMITED vs. FERNS CONSTRUCTION CO. INC, pronounced on 21 July 2020, has found that the amendments to Section 29A in 2019, fixing the 12 month time frame from the completion of pleadings and excluding international commercial arbitrations in India from its scope are "retrospectively applicable to arbitration proceedings commenced after 23 October 2015." On this basis, the Petitioner contended that changes brought about in Section 29A vide the Arbitration and Conciliation Act, 2019 will have retrospective effect from 23 October 2015, i.e. The Respondent agreed to the Petitioner's position Issue Since International Commercial Arbitration is excluded from Section 29A of the 2019 Amendment and with the respondent being a foreign party, the question before the Court was if the proceedings before the Arbitral Tribunal is an ICA, then whether the time limit as fixed by the Earlier Order shall be applicable. Rather, it establishes a mechanism for the Arbitral Tribunal to render the award, which determines rights and liabilities in 12 months In view thereof, the Court held that Section 29A shall be "applicable to all pending arbitrations seated in India as on August 30, 2019 and commenced after October 23, 2015".

India Arbitration Court Order Amendment 2019 Act 2015 Ica Petitioner Section 29A 29A Timeline International Commercial Arbitration Mbl Shapoorji 2019 Amendment 23 October Holds Delhi  amendment  2015  petitioner  court  retrospective  read  holds  delhi  arbitration  judgment  23  act  2019  order  timeline  effect  hc  29a

History of this topic

[Arbitration Act] Limitation Does Not Stop If Initial Filing Is Non Est, Date Of Filing Must Be Reckoned From Date Of Refiling: Delhi HC
2 weeks, 3 days ago

[Arbitration Act] Limitation Does Not Stop If Initial Filing Is Non Est, Date Of Filing Must Be Reckoned From Date Of Refiling: Delhi HC

Live Law  

The Delhi High Court Bench of Justice Manoj Kumar Ohri has reiterated that the filing of the arbitral award under challenge along with application under Section 34 of the Arbitration and Conciliation Act is not a mere procedural formality but an essential requirement and non-filing of the same would make the application non est in the eyes of law. The …

The Draft Arbitration And Conciliation Amendment Bill, 2024: A Step Towards Reforming India's Arbitration Framework?
1 month, 3 weeks ago

The Draft Arbitration And Conciliation Amendment Bill, 2024: A Step Towards Reforming India's Arbitration Framework?

Live Law  

The Draft Arbitration and Conciliation Bill, 2024, aims to significantly transform India's arbitration landscape. In Amazon v. Future Retail, the Supreme Court held that an award by an emergency arbitrator in an arbitration seated in India is “enforceable” under Section 17. The Draft Arbitration and Conciliation Bill, 2024, is an ambitious step towards modernizing India's arbitration landscape. With key reforms …

Date Of Receipt Of Corrected Award Would Be Taken As Disposal Date U/S 34(3) Of Arbitration Act, Even When Application U/S 33 Has Been Filed: Delhi HC
2 months, 1 week ago

Date Of Receipt Of Corrected Award Would Be Taken As Disposal Date U/S 34(3) Of Arbitration Act, Even When Application U/S 33 Has Been Filed: Delhi HC

Live Law  

The Delhi High Court Bench of Justice Subramonium Prasad has held that taking the date of receipt of the corrected award as the starting point and not as the date of disposal would actually go contrary to the plain reading of Section 34 of the Act. However, the respondent argued that in the present case the terminus quo for calculating …

Arbitration Cases Annual Digest 2024
2 months, 2 weeks 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 …

Termination Of Mandate Of Arbitral Tribunal Results In Waste Of Time, Resources And Money, Court Allowed Petition U/S 29A (4) And (5) Of Arbitration Act: Delhi High Court
2 months, 3 weeks ago

Termination Of Mandate Of Arbitral Tribunal Results In Waste Of Time, Resources And Money, Court Allowed Petition U/S 29A (4) And (5) Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Jasmeet Singh has held that the parties and the Arbitral Tribunal have invested a lot of time, effort and energy in the arbitral proceedings. Brief Facts: The present petition has been filed under Section 29A and of the Arbitration and Conciliation Act, 1996 read with section 7 of the Commercial Courts Act, 2015 …

Section 29A Of Arbitration & Conciliation Act, 1996: Complications More Than Cure
3 months, 1 week 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 …

S.29A Arbitration | 'Sufficient Cause' To Extend Time For Award Should Be Interpreted To Facilitate Effective Dispute Resolution : Supreme Court
3 months, 3 weeks ago

S.29A Arbitration | 'Sufficient Cause' To Extend Time For Award Should Be Interpreted To Facilitate Effective Dispute Resolution : Supreme Court

Live Law  

Extending the time for an arbitral tribunal to pass its award, the Supreme Court recently observed that extension can be allowed even after the expiry of the statutory period and the phrase "sufficient cause" under Section 29A of the Arbitration and Conciliation Act should take color from the underlying purpose of the arbitration process."The. Extending the time for an arbitral …

Arbitration Weekly Round-Up: 4th November To 10th November 2024
4 months, 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 …

Arbitration Monthly Digest: October 2024
4 months, 1 week 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 …

Union proposes to strengthen institutional arbitration framework with appellate option for disputes
5 months ago

Union proposes to strengthen institutional arbitration framework with appellate option for disputes

Live Mint  

The Union law ministry has proposed to strengthen the process of institutional arbitration by allowing disputants to appeal arbitral awards without moving courts of law. This provision would only be available for arbitrations conducted under the aegis of arbitration institutions, as per the draft amendment to the Arbitration and Conciliation Act issued on Friday.

Arbitration Cases Monthly Digest: September 2024
5 months, 2 weeks 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 …

Arbitration Weekly Roundup: July 08 - July 14, 2024
8 months 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 Monthly Round-Up -March 2024
11 months, 2 weeks ago

Arbitration Monthly Round-Up -March 2024

Live Law  

Supreme Court Court May Refuse To Appoint Arbitral Tribunal If S.11 Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court Case Title: M/s Arif Azim Co. Ltd. Without Copy of Challenged Arbitral Award, Impossible To Consider Grounds To Set Aside Award: Delhi High Court Dismisses Section 34 Petition Case Title: Spml Infra Limited vs Ntpc …

Application Under Section 29A A&C Can Be Allowed Even After Expiry Of Arbitral Tribunal's Mandate: Delhi High Court
11 months, 3 weeks ago

Application Under Section 29A A&C Can Be Allowed Even After Expiry Of Arbitral Tribunal's Mandate: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh held that the application under Section 29A of the Arbitration and Conciliation Act, 1996 can be allowed even after the expiry of the mandate of the Arbitral Tribunal. Brief Facts: The Petitioner approached the Delhi High Court seeking extension of time for completion of the arbitration proceedings. Observations by the …

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
1 year 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 …

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 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 Weekly Round Up: 3nd February to 11th February 2024
1 year, 1 month ago

Arbitration Weekly Round Up: 3nd February to 11th February 2024

Live Law  

Delhi High Court Delhi High Court Dismisses Writ Petition, Permits Petitioner To Avail Remedy Under S. 37 Of Arbitration Act Case Title: Shri Balaji Enterprises & Ors vs Reserve Bank Of India & Anr. Need For Broad Panel To Choose From To Ensure Arbitrator's Independence As Per Clause 64 of GCC: Delhi High Court Case Title: The Braithwaite Burn and …

Section 11 Petition Can Be Filed Only After Failure Of Parties To Appoint Arbitrator Within 30 Days Of Notice, Limitation Act Applies: Delhi High Court
1 year, 1 month ago

Section 11 Petition Can Be Filed Only After Failure Of Parties To Appoint Arbitrator Within 30 Days Of Notice, Limitation Act Applies: Delhi High Court

Live Law  

The Delhi High Court bench, comprising Justice Prathiba M. Singh, held that a petition under Section 11 of the Arbitration and Conciliation Act, 1996 can only be filed after a notice of arbitration has been issued and there has been a failure to make the appointment of an arbitrator within 30 days. The bench held that the limitation period arises …

Annual Digest of Arbitration Cases 2023- Supreme Court And High Courts (Part-1)
1 year, 2 months ago

Annual Digest of Arbitration Cases 2023- Supreme Court And High Courts (Part-1)

Live Law  

Supreme Court Arbitration Clauses In Unstamped Agreements Enforceable : Supreme Court 7-Judge Bench Overrules 'NN Global' Decision Case Title: In Re Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 Curative Pet No. Besides the uncertainties listed above, the 10,000 MTs of Met Coke has admittedly not been sold till date and …

Supreme Court Judgements On Arbitration In 2023
1 year, 2 months ago

Supreme Court Judgements On Arbitration In 2023

Live Law  

Starting Point Of Limitation U/ Section 34 Arbitration Act In Cases Of Suo Motu Correction Of Award: Supreme Court Explains The Supreme Court observed that the starting point for the limitation under Section 34 Arbitration and Conciliation Act, in case of suo moto correction of the award, would be the date on which the correction was made and the corrected …

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 …

The Question Of ‘Completion Of Pleadings’ Under Section 29A Of The Indian Arbitration And Conciliation Act,1996.
1 year, 6 months ago

The Question Of ‘Completion Of Pleadings’ Under Section 29A Of The Indian Arbitration And Conciliation Act,1996.

Live Law  

The Arbitration and Conciliation Act, 1996 amended in 2015 first introduced section 29A which prescribed the time limit of 12 months for an Arbitral Tribunal to conclude the proceedings and pass an award from the date it enters reference. In the year 2019 another amendment was made to Section 29A after which the time limit of 12 months for passing …

Arbitration Cases Weekly Round-Up: 10 July To 16 July 2023
1 year, 8 months ago

Arbitration Cases Weekly Round-Up: 10 July To 16 July 2023

Live Law  

Supreme Court: Can Ineligible Person Appoint Arbitrator? High Courts: Delhi High Court: “Counter-Balancing” Not Achieved When 2/3rd Members Of The Arbitral Tribunal To Be Appointed By One Party: Delhi High Court Case Title: Margo Networks Pvt Ltd & Anr vs. Railtel Corporation of India Ltd The Delhi High Court has ruled that where a party is required to appoint an …

S.29A(4) Arbitration Act | Courts Can Extend Arbitrator's Mandate Without Parties' Consent: Kerala High Court
1 year, 8 months ago

S.29A(4) Arbitration Act | Courts Can Extend Arbitrator's Mandate Without Parties' Consent: Kerala High Court

Live Law  

The Kerala High Court recently held that the mandate of an arbitrator can be extended under Section 29A of the Arbitration and Conciliation Act, 1996, even if the parties have not extended the period by consent.Justice Murali Purushothaman thus revived and extended the arbitrator's mandate to allow for the completion of the arbitral proceedings. The Kerala High Court recently held …

Arbitration Monthly Round Up- April 2023
1 year, 10 months ago

Arbitration Monthly Round Up- April 2023

Live Law  

Supreme Court: Arbitration Agreement In Unstamped Contract Which Is Exigible To Stamp Duty Not Enforceable: Supreme Court Holds By 3:2 Majority Case Title: M/s. Whether A Signed Copy Or Certified Copy Of The Award, Purpose Of S. 31 of A&C Act Is To Inform The Party: Bombay High Court Case Title: Rahul S/o Omprakash Gandhi vs The Akola Janta Commercial …

Arbitration Cases Weekly Round-Up: April 9 To April 15, 2023
1 year, 11 months ago

Arbitration Cases Weekly Round-Up: April 9 To April 15, 2023

Live Law  

Supreme Court: Limited Scrutiny of Court Under Section 11 Of Arbitration Act Through The “Eye Of The Needle”, Is Necessary And Compelling: Supreme Court Case Title: NTPC Ltd vs M/s SPML Infra Ltd 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, …

Section 34 Arbitration Petition Filed In Anticipation Of Approval By Authority Not Valid : Delhi High Court
2 years ago

Section 34 Arbitration Petition Filed In Anticipation Of Approval By Authority Not Valid : Delhi High Court

Live Law  

The High Court of Delhi has held that a petition filed under Section 34 of the A&C Act is not a valid filing if it is filed without or in anticipation of the final approval. Few of the defects included were that the petition was not maintainable as per the pecuniary jurisdiction of the High Court, the filing was done …

Constitution (SC and ST) Orders (Second Amendment) Bill, 2022 and New Delhi International Arbitration Centre (Amendment) Bill, 2022 listed in RS for passage
2 years, 4 months ago

Constitution (SC and ST) Orders (Second Amendment) Bill, 2022 and New Delhi International Arbitration Centre (Amendment) Bill, 2022 listed in RS for passage

ANI News  

Delhi, December 13 : The BJP led Central government has listed the 'Constitution Orders Bill, 2022' and the 'New Delhi International Arbitration Centre Bill, 2022' for the legislative business in the Rajya Sabha on Tuesday for consideration and passage. Union Law Minister Kiren Rijiju is expected to move the New Delhi International Arbitration Centre Bill, 2022, which was introduced in …

Would Subsequent Agreement Cover Past Transactions ? Arbitrator To Decide: Delhi High Court
2 years, 6 months ago

Would Subsequent Agreement Cover Past Transactions ? Arbitrator To Decide: Delhi High Court

Live Law  

The High Court of Delhi has held that while exercising jurisdiction under Section 11 of the A&C Act, the High Court cannot examine an issue as to whether the arbitration clause in a subsequent agreement would govern past transactions of similar nature as it requires detailed consideration of clauses and surrounding circumstances. The Court held that the petitioner has notified …

Section 29A Of The A&C Act Applies Prospectively Does Not Apply To Arbitration That Commenced Before The 2015 Amendment: Bombay High Court
2 years, 7 months ago

Section 29A Of The A&C Act Applies Prospectively Does Not Apply To Arbitration That Commenced Before The 2015 Amendment: Bombay High Court

Live Law  

The High Court of Bombay has held that Section 29A of the A&C Act that provides a timeline of 12 months for passing an arbitral award would not apply to arbitration that commenced before the 2015 Amendment to the Act. Kulkarni held that provisions of Section 29A of the A&C Act, which was incorporated into the principal act via the …

Limitation Period For Seeking Appointment Of Arbitrator Commences After Expiry Of 30 Days From Issuance Of Notice Invoking Arbitration: Delhi HC
3 years, 1 month ago

Limitation Period For Seeking Appointment Of Arbitrator Commences After Expiry Of 30 Days From Issuance Of Notice Invoking Arbitration: Delhi HC

Live Law  

The Delhi High Court has held that the Limitation period of 3 years for seeking Appointment of Arbitrator commences from the date of expiry of 30 days period, reckoned from date of issuance of the notice invoking arbitration. Consequently, the Petitioner sent Legal Notice dated 14.3.2019 to Respondent invoking Arbitration under Clause 18 of the Agreement seeking consent for sole …

Arbitration Court Reckoner :August-October 2021 (Part 2)
3 years, 2 months ago

Arbitration Court Reckoner :August-October 2021 (Part 2)

Live Law  

This is the second part of the article. Section 31 No scope for adding pre-award interest into the principal amount for calculating post-award interest by applying Section 31 of the Act when the Tribunal has only awarded post-award interest on principal sum In Overeas Drilling Limited v Directorate General Of Hydrocarbons Of India High Court of Delhi was dealing with …

Arbitration - 2015 Amendment Won't Apply To Section 34 Applications Filed Prior To It : Supreme Court
3 years, 4 months ago

Arbitration - 2015 Amendment Won't Apply To Section 34 Applications Filed Prior To It : Supreme Court

Live Law  

The Supreme Court has held that the 2015 amendment to Section 34 of the Arbitration and Conciliation Act 1996 will apply only to Section 34 applications that have been made after the date of the amendment. The Court notes that by way of the 2015 Amendment a distinction is sought to be carved out between a domestic award arising from …

Iuris Jura: 4 – Day Live Lecture Series On "Drafting Under Arbitration & Conciliation Act, 1996"
3 years, 7 months ago

Iuris Jura: 4 – Day Live Lecture Series On "Drafting Under Arbitration & Conciliation Act, 1996"

Live Law  

Iuris Jura started in the year 2020, aiming to create legal awareness and provides learning related to the law topics. ABOUT THE 4 – DAY LIVE LECTURE SERIES 𝙸𝚁𝙸𝚂 𝙹𝚄𝚁𝙰 takes immense pride in announcing that we are organizing a 4 Day - Live Lecture Series on "Drafting under Arbitration & Conciliation Act, 1996" ". Drafting of Applications under Section …

The Glass Half Empty: Analysing The Arbitration And Conciliation (Amendment) Act, 2021
3 years, 11 months ago

The Glass Half Empty: Analysing The Arbitration And Conciliation (Amendment) Act, 2021

Live Law  

The Central Government on March 11, 2021 has notified the Arbitration and Conciliation Act, 2021, to repeal the Arbitration and Conciliation Ordinance, 2020 dated November 4, 2020. Section 43J of the Arbitration Act, 1996, as it stood before the amendment, detailed the qualifications, experience, and norms for accreditation of arbitrators by placing reliance on the Eighth Schedule to the Arbitration …

Jurisdictional Objection Under Sec. 16 of Arbitration And Conciliation Act Has To Be Raised At Inception With Sense Of Alacrity: Delhi High Court
3 years, 11 months ago

Jurisdictional Objection Under Sec. 16 of Arbitration And Conciliation Act Has To Be Raised At Inception With Sense Of Alacrity: Delhi High Court

Live Law  

The Delhi High Court on Thursday observed that a jurisdictional objection under sec. The Court also observed that under the scheme of the Act, such an objection has to be raised with a "sense of alacrity" which must be decided by the Arbitral Tribunal with. The Court also observed that under the scheme of the Act, such an objection has …

"New Normal"-ICC Amends The Rules For "Cleaner" And "Greener" Arbitration
4 years ago

"New Normal"-ICC Amends The Rules For "Cleaner" And "Greener" Arbitration

Live Law  

The fast-changing world, complexities in arbitration and the growing needs of arbitration community across the globe, stimulated the International Chamber of Commerce to codify certain arbitral practices and refresh its approach in the form of a new set of Rules called the ICC Arbitration Rules,2021. Proposed in December 2020 by the ICC, New Rules have come into force from January …

Centre Notifies Arbitration & Conciliation (Amendment) Act 2021
4 years ago

Centre Notifies Arbitration & Conciliation (Amendment) Act 2021

Live Law  

The Central Government has notified the Arbitration and Conciliation Act, 2021. It seeks to amend the Arbitration and Conciliation Act, 1996 so as to enable automatic stay on awards if it is prima facie satisfied that the relevant arbitration agreement or contract/ making of the award was induced by fraud or corruption and omit Schedule VIII of the Act and …

Parliament Passes Arbitration & Conciliation (Amendment) Bill, 2021 For Automatic Stay On Awards Induced By Fraud/ Corruption
4 years ago

Parliament Passes Arbitration & Conciliation (Amendment) Bill, 2021 For Automatic Stay On Awards Induced By Fraud/ Corruption

Live Law  

The Rajya Sabha on Wednesday passed the Arbitration and Conciliation Bill, 2021 by voice vote. It seeks to amend the Arbitration and Conciliation Act, 1996 so as to enable automatic stay on awards in certain cases and specify by regulations the qualifications, experience and norms for accreditation of arbitrators. #RajyaSabha passes #Arbitration & Conciliation Bill 2021 to enable automatic stay …

Timelines For The Making Of An Arbitral Award In View Of The Arbitration And Conciliation (Amendment) Act, 2019 – The Continuing Saga Of Retrospective Applicability
4 years, 6 months ago

Timelines For The Making Of An Arbitral Award In View Of The Arbitration And Conciliation (Amendment) Act, 2019 – The Continuing Saga Of Retrospective Applicability

Live Law  

The Arbitration and Conciliation Act, 2019 came into force on 30.08.2019. The Supreme Court in BCCI referring to Section 29A of the Act, as incorporated in by way of Amendment of 2015 held it to be a procedural law, as it does not create new rights and liabilities, but held that amendment to be prospective in view of Section 26 …

Sec 29A Arbitration Act :Power To Appoint Governs Power To Extend?
4 years, 9 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 …

The Interface Between Section 29A Of The Arbitration & Conciliation Act, 1996 And The Moratorium Imposed Under IBC
4 years, 10 months ago

The Interface Between Section 29A Of The Arbitration & Conciliation Act, 1996 And The Moratorium Imposed Under IBC

Live Law  

Section 29A of the Arbitration and Conciliation Act, 1996 provides an outer limit of 18 months to complete the arbitral proceedings, with the exception that in cases where sufficient cause is made out, the court may grant extension beyond the period of 18 months. that when such a moratorium is declared, the arbitral proceedings in question would stand suspended and …

Section 29A: Time's Up or Is It?
4 years, 10 months ago

Section 29A: Time's Up or Is It?

Live Law  

Section 29A of the Arbitration and Conciliation Act, 1996 was inserted by the Arbitration and Conciliation Act, 2015 with the aim of speeding up arbitration proceedings in India. A large number of orders have been passed by the Delhi High Court and the Bombay High Court well after 30 August 2019 extending the time period for arbitrations on the basis …

Delhi HC Allows Application To Extend Time For Completion Of Arbitration Proceedings Due To COVID19 Lockdown [Read Order]
4 years, 11 months ago

Delhi HC Allows Application To Extend Time For Completion Of Arbitration Proceedings Due To COVID19 Lockdown [Read Order]

Live Law  

In a plea moved under Section 29A of the Arbitration and Conciliation Act, the Delhi High Court has allowed extension of time for concluding the arbitration proceedings and passing of the award, in light of the COVID19 pandemic. The Single Bench of Justice Navin Chawla has extended the time for the said proceedings by 6 months, after a consensus was …

COVID-19 : Delhi HC Automatically Extends All Interim Orders, Including Those Passed By Subordinate Courts, Till May 15 [Read Order]
4 years, 11 months ago

COVID-19 : Delhi HC Automatically Extends All Interim Orders, Including Those Passed By Subordinate Courts, Till May 15 [Read Order]

Live Law  

In light of the nationwide lockdown declared by the Central Government, the Delhi High Court has directed that the interim orders passed by it and also the subordinate courts, that were subsisting as on March 16 and expired, or will expire thereafter will stand automatically extended till May 15.While taking the suo moto cognizance of the issues, a Full Bench …

Limitation Period For Applications Under Section 8 Of The Arbitration Act: How Late Is Too Late?
5 years ago

Limitation Period For Applications Under Section 8 Of The Arbitration Act: How Late Is Too Late?

Live Law  

Arbitration is hailed as one of the most preferred modes of dispute resolution, primarily in expectance of a speedy resolution of disputes. The Delhi High Court in ) has discussed anamendment introduced to Section 8 of the Arbitration Act, wherein a time period has been fixed for filing of an application for reference to arbitration in cases where an arbitration …

Arbitration - Order Returning Sec 34 Application For Presentation In Proper Court Not Appealable Under Sec 37 : SC [Read Judgment]
5 years, 2 months ago

Arbitration - Order Returning Sec 34 Application For Presentation In Proper Court Not Appealable Under Sec 37 : SC [Read Judgment]

Live Law  

The order of a Court returning an application under Section 34 of the Arbitration and Conciliation Act 1996 for presentation before the proper forum is not appealable under Section 37 of the Act.This was held by the Supreme Court in a judgment delivered on December 10,2019 in the case BGS SGS Soma JV vs NHPC Ltd.A three judge bench comprising …

SC Strikes Down Section 87 Of Arbitration & Conciliation Act Inserted By 2019 Amendment [Updated With Judgment]
5 years, 3 months ago

SC Strikes Down Section 87 Of Arbitration & Conciliation Act Inserted By 2019 Amendment [Updated With Judgment]

Live Law  

In a significant judgment, the Supreme Court on Wednesday struck down Section 87 of the Arbitration and Conciliation Act 1996, which was inserted through the 2019 amendment Act passed by the Parliament last monsoon session.The judgment was delivered in the case Hindustan Construction Company Ltd v Union of India, which was heard by a bench comprising Justices R F Nariman, …

'India Cannot Become Hub Of Arbitration If You Go On Like This' : Justice Nariman Tells Centre On Sec 87 Of Arbitration Act
5 years, 5 months ago

'India Cannot Become Hub Of Arbitration If You Go On Like This' : Justice Nariman Tells Centre On Sec 87 Of Arbitration Act

Live Law  

While hearing a petition challenging constitutionality of Section 87 inserted in the Arbitration and Conciliation Act by the 2019 amendment, Supreme Court judge Justice R F Nariman expressed his criticism about the provision. "You have put the clock back", the judge told Solicitor General Tushar Mehta about the Section which nullified the effect of 2018 SC judgment deciding the prospective …

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