Court Must Assign Reasons For Accepting Or Rejecting Grounds Of Challenge U/S 34 Of Arbitration Act: Bombay High Court
1 week, 1 day ago

Court Must Assign Reasons For Accepting Or Rejecting Grounds Of Challenge U/S 34 Of Arbitration Act: Bombay High Court

Live Law  

The Bombay High Court bench of Justices A.S. Chandurkar and Rajesh Patil has held that a petition under Section 34 of the Arbitration and Conciliation Act, 1996 cannot be dismissed merely by stating that the scope of interference is limited; the court must address each ground of challenge and provide reasoned findings. However, the Single Judge failed to adjudicate these grounds merely stating that interference under section 34 of the Arbitration Act was limited and re-appreciation of evidence was not allowed. It was necessary to consider and decide on the grounds of challenge within the limited scope interference under section 34 of the Arbitration Act. Accordingly, the impugned order was set aside and the court was directed to consider various grounds of challenge again under section 34 of the Arbitration Act.

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History of this topic

Order Passed U/S 23(3) Of Arbitration Act Is Procedural & Not An Interim Award, Cannot Be Challenged U/S 34 Of Arbitration Act: Delhi High Court
2 weeks, 1 day ago

Order Passed U/S 23(3) Of Arbitration Act Is Procedural & Not An Interim Award, Cannot Be Challenged U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Subramonium Prasad has held that an order dismissing an application under Section 23 of the Arbitration & Conciliation Act is only a procedural order and does not qualify as an 'interim award' amenable to challenge under Section 34 of the Arbitration & Conciliation Act Brief Facts of the case: The petitioner issued a …

Delhi HC Upholds Limited Judicial Interference In Arbitral Awards, Dismisses S.34 Plea Challenging Award Of ₹77.96 Crore In Telecom Dispute
3 months ago

Delhi HC Upholds Limited Judicial Interference In Arbitral Awards, Dismisses S.34 Plea Challenging Award Of ₹77.96 Crore In Telecom Dispute

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma has observed that it is no longer res integra that while dealing with the objections under Section 34, a court does not sit in appeal over the arbitral award. The court observed that under Section 35, an award can be set aside only if the petitioner establishes that the parties …

Limited Scope Of Examination U/S 34 Of Arbitration Act, Award Vitiated By Patent Illegality: Delhi High Court
4 months ago

Limited Scope Of Examination U/S 34 Of Arbitration Act, Award Vitiated By Patent Illegality: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Vibhu Bakhru and Justice Sachin Datta held that the Arbitral Tribunal has awarded the claim for loss of profit for the period the Contract was prolonged without any evidence or material to support the claim. Aggrieved by this, the Contractor filed an application under Section 34 of the Act before the Commercial Court …

Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court
4 months, 2 weeks ago

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

Live Law  

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

Issue Of Non-Stamping Of Arbitration Agreement Not Raised Before The Arbitrator, Cannot Be Raised Subsequently Under Section 34 Or 37 Of The A&C Act: Bombay High Court
1 year, 4 months ago

Issue Of Non-Stamping Of Arbitration Agreement Not Raised Before The Arbitrator, Cannot Be Raised Subsequently Under Section 34 Or 37 Of The A&C Act: Bombay High Court

Live Law  

The High Court of Bombay has held that if the issue of non-stamping or insufficient stamping of the arbitration agreement is not raised before the arbitrator or on the first possible opportunity, then it cannot be raised subsequently under Section 34 or 37 of the A&C Act. The Court held that an appeal to challenge an arbitral award cannot be …

Party Can Raise Additional Grounds Based On The Award Passed After The Case Is Remitted To Tribunal Under Section 34(4) Of A&C Act: Delhi High Court
2 years, 9 months ago

Party Can Raise Additional Grounds Based On The Award Passed After The Case Is Remitted To Tribunal Under Section 34(4) Of A&C Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that an order passed by the Arbitral Tribunal, after the matter is remanded back to it by the Court under Section 34 of the Arbitration and Conciliation Act, 1996, is not a fresh arbitral award that can be challenged by filing a separate petition under Section 34. Thereafter, the petitioner filed an application before …

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