Objection To Tribunal's Jurisdiction U/S 16 Of Arbitration Act Must Be Raised Before Or At Time Of Statement Of Defence: Himachal Pradesh HC
4 months, 2 weeks ago

Objection To Tribunal's Jurisdiction U/S 16 Of Arbitration Act Must Be Raised Before Or At Time Of Statement Of Defence: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua affirmed that a party is bound by virtue of Section 16 of the Arbitration Act to raise any objection it may have to the jurisdiction of the Tribunal before or at the time of submission of its statement of defence, and at any time thereafter it is expressly prohibited. Brief Facts Objections preferred by the appellants under Section 34 of the Arbitration and Conciliation Act, 1996 against the award passed by the learned Arbitrator on 15.09.2017 were dismissed by the learned District Judge on 15.06.2022. Contentions The appellant submitted that the learned Arbitrator as well as learned District Judge fell into error in allowing Claim No.1 of the respondent/ claimant by awarding it a sum of Rs.13,71,829/- for price escalation. The court referred to the Supreme Court judgment in MSP Infrastructure Limited Versus Madhya Pradesh Road Development Corporation Limited wherein it was held that a party is bound by virtue of Section 16 to raise any objection it may have to the jurisdiction of the Tribunal before or at the time of submission of its statement of defence, and at any time thereafter it is expressly prohibited.

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History of this topic

Arbitral Tribunal Is Sole Judge Of Evidence, Court Not Required To Re-Evaluate Evidence U/S 34 Of Arbitration Act: Delhi High Court
4 days, 17 hours ago

Arbitral Tribunal Is Sole Judge Of Evidence, Court Not Required To Re-Evaluate Evidence U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tejas Karia held that the arbitrator is the ultimate master of the quantity and quality of evidence to be relied upon when he delivers his arbitral award. Also, the Court held that it is not required to reappreciate or reevaluate the evidence and reagitate the disputes under Section 34 …

Application U/S 34 Of Arbitration Act Not Maintainable If Not Filed With Copy Of Arbitral Award: Delhi High Court
Trending News
4 days, 18 hours ago

Application U/S 34 Of Arbitration Act Not Maintainable If Not Filed With Copy Of Arbitral Award: Delhi High Court

Live Law  

The Delhi High Court division bench of Justice Yashwant Varma and Justice Harish Vaidyanathan has held that an application under Section 34 of the Arbitration and Conciliation Act, 1996 is non-maintainable if it is not accompanied by a copy of the impugned award. The Single Judge after examining the material on record held that the original petition filed under Section …

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
4 days, 21 hours 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 …

Filing Written Statement Does Not Waive Right To Arbitration If Preliminary Objection Is Raised At Outset: Jammu & Kashmir High Court
4 days, 23 hours ago

Filing Written Statement Does Not Waive Right To Arbitration If Preliminary Objection Is Raised At Outset: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir High Court bench of Justice Rajnesh Oswal held that mere filing of the written statement in a suit does not constitute a waiver of right to arbitration if the party has raised a preliminary objection in respect of the arbitration clause at the outset. The High Court also noted that the Respondents didn't waive their right …

Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court
1 week, 2 days ago

Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Manoj Kumar Ohri has reiterated that the scope of inquiry under Section 11 of the Arbitration and Conciliation Act, 1996, is limited to examining the prima facie existence of the arbitration agreement. It was further observed that if either party contests a prior settlement agreement, then such allegations cannot be looked into by …

Anti-Arbitration Suit Giving Short-Shrift To Sec 16 A&C Act Is Hit By Order 7 Rule 11(d) Of CPC: Telangana High Court Reiterates
1 week, 4 days ago

Anti-Arbitration Suit Giving Short-Shrift To Sec 16 A&C Act Is Hit By Order 7 Rule 11(d) Of CPC: Telangana High Court Reiterates

Live Law  

The Telangana High Court has reiterated and clarified that suits initiated before Civil Courts to curb arbitration proceedings ignore section 16 of the Arbitration and Conciliation Act,1996, and deserve to be rejected under Order 7, Rule 11 as being barred by statute. The appellant herein filed an injunction suit before the trial court seeking to stop the Arbitration proceeding initiated …

S.17 Of Arbitration Act Casts Weighty Burden On Party To Persuade Court To Hold Onto S.9 Proceedings After Formation Of Tribunal: Telangana HC
2 weeks, 2 days ago

S.17 Of Arbitration Act Casts Weighty Burden On Party To Persuade Court To Hold Onto S.9 Proceedings After Formation Of Tribunal: Telangana HC

Live Law  

The Telangana High Court has held that the 2015 amendment to the Arbitration and Conciliation Act grants a bouquet of protections to a party during the course of arbitral proceedings. This creates an exception to the bar under section 9 – that the Court shall not entertain the 9 petition once the Arbitral Tribunal has been constituted.” Going further, the …

Plea That Signed Copy Of Award Was Not Received Cannot Be Raised For First Time In Appeal U/S 37 Of Arbitration Act: Gujarat High Court
1 month ago

Plea That Signed Copy Of Award Was Not Received Cannot Be Raised For First Time In Appeal U/S 37 Of Arbitration Act: Gujarat High Court

Live Law  

The Gujarat High Court bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi has held that the plea that limitation period for challenging the award under section 34 of the Arbitration and Conciliation Act, 1996 did not start as the signed copy of the award was not received by the party, cannot be raised for the first time in …

Award Cannot Be Set Aside When No Objections Were Raised Before Arbitrator Or Court U/S 12(5) Of Arbitration Act: Delhi High Court
1 month, 1 week ago

Award Cannot Be Set Aside When No Objections Were Raised Before Arbitrator Or Court U/S 12(5) Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justices C. Hari Shankar and Ajay Digpaul held that the award cannot be set aside solely on the ground that the appointment of the Arbitrator was illegal in view of section 12 of the Arbitration and Conciliation Act when no such objections were raised before the Arbitrator or the court under section 34 of …

[A&C Act] Non-Payment Of Part Of Mutually Agreed Amount After Settlement Of Dispute Not An Arbitrable Issue Under Arbitration Agreement: Andhra Pradesh HC
1 month, 2 weeks ago

[A&C Act] Non-Payment Of Part Of Mutually Agreed Amount After Settlement Of Dispute Not An Arbitrable Issue Under Arbitration Agreement: Andhra Pradesh HC

Live Law  

The Andhra Pradesh High Court has upheld the dismissal of an application filed under section 8 of the Arbitration and Conciliation Act, holding that once an amount has been mutually decided by the parties, the dispute itself is resolved and no arbitrable issue remains for consideration. A Division Bench of Justice Ravi Nath Tilhari and Justice V. Srinivas pointed out …

Supreme Court Reiterates Narrow Scope Of Interference Under Section 37 Arbitration Act
1 month, 2 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 …

[S.16 Arbitration Act] Jurisdiction Of Tribunal Cannot Be Challenged After Submission Of Defence: Allahabad High Court
1 month, 3 weeks ago

[S.16 Arbitration Act] Jurisdiction Of Tribunal Cannot Be Challenged After Submission Of Defence: Allahabad High Court

Live Law  

The Allahabad High Court has held that as per Section 16 of the Arbitration and Conciliation Act, 1996, the jurisdiction of an arbitral tribunal cannot be challenged after submission of defence and that the arbitral tribunal is empowered to adjudicate on its own jurisdiction. The bench of Justice Siddhartha Varma and Dr. Justice Yogendra Kumar Srivastava held “Section 16 of …

Appeal U/S 37 Of Arbitration Act Not Maintainable Against Order Under O.VII R.10 CPC: Punjab And Haryana High Court
1 month, 3 weeks ago

Appeal U/S 37 Of Arbitration Act Not Maintainable Against Order Under O.VII R.10 CPC: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court bench comprising of Justice Arun Palli and Justice Vikram Aggarwal has held that an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 Act read with Section 13 of the Commercial Courts Act, 2015 is not maintainable against an order passed under Order VII Rule 10 of the CPC directing the return …

S. 16 Arbitration Act | Challenge To Arbitral Tribunal's Jurisdiction Impermissible After Submitting Statement Of Defence : Supreme Court
1 month, 3 weeks ago

S. 16 Arbitration Act | Challenge To Arbitral Tribunal's Jurisdiction Impermissible After Submitting Statement Of Defence : Supreme Court

Live Law  

The Supreme Court affirmed the principle that the jurisdiction of the arbitral tribunal cannot be challenged after the submission of the statement of defence. A bench of Justices Abhay S Oka and Ujjal Bhuyan was hearing a case in which the respondent had objected to the jurisdiction of the Arbitral Tribunal after submitting its statement of defence. Taking reference to …

Arbitration Act | Courts' Jurisdiction Under Sections 34 and 37 Do Not Extend To Modifying Arbitral Award: Supreme Court Reiterates
1 month, 3 weeks 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 …

Additional Evidence Can Only Be Allowed In Exceptional Circumstances While Deciding Plea U/S 34 Of Arbitration Act: Chhattisgarh HC
2 months ago

Additional Evidence Can Only Be Allowed In Exceptional Circumstances While Deciding Plea U/S 34 Of Arbitration Act: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court bench of Justice Rakesh Mohan Pandey has held that additional evidence not forming part of the arbitral record can be allowed to be given only in exceptional circumstances while hearing a petition under section 34 of the Arbitration Act. Brief Facts: The petitioner challenges an order passed by the commercial court by which an application under …

Concept Of Appointing Named Arbitrator Who Is An Interested Party Is No Longer Sustainable: Uttarakhand High Court
2 months ago

Concept Of Appointing Named Arbitrator Who Is An Interested Party Is No Longer Sustainable: Uttarakhand High Court

Live Law  

The Uttarakhand High Court bench of Chief Justice G. Narendar has held that the concept of appointing a named Arbitrator, who himself is an interested party, is no longer sustainable. The main issue was whether the applicants are entitled to appointment of an Arbitrator dehors the stipulation in Clause 28.0, wherein it had been agreed that the Principal Secretary/Secretary, Department …

Arbitral Award Cannot Be Challenged In Writ Petition, Party Must Use Remedy U/S 34 Of Arbitration Act: Delhi High Court
2 months ago

Arbitral Award Cannot Be Challenged In Writ Petition, Party Must Use Remedy U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Sachin Datta has held that it cannot entertain a writ petition challenging an arbitral award, and the petitioner should challenge the award by taking recourse to appropriate remedies under Section 34 of the Arbitration Act. Brief Facts: The present petition challenged an arbitral award passed pursuant to reference to arbitration under Section 18 …

Delhi High Court Reiterates Limited Scope Of Section 34 Of Arbitration & Conciliation Act
2 months, 1 week ago

Delhi High Court Reiterates Limited Scope Of Section 34 Of Arbitration & Conciliation Act

Live Law  

The High Court of Delhi pronounced a judgement in the matter of “Centre for Research Planning and Action v. National Medicinal Plants Board Ministry of AYUSH Government of India” FAO 161/2022 dated 8th January, 2025 re-iterating the limited scope of Section 34 of The Arbitration and Conciliation Act. Respondent refused to entertain any claim when invoices were raised after March …

Application For Extension Of Time Cannot Be Dismissed Due To Mentioning S.151 Of CPC Instead Of S. 29A Of Arbitration Act: Himachal Pradesh HC
2 months, 1 week ago

Application For Extension Of Time Cannot Be Dismissed Due To Mentioning S.151 Of CPC Instead Of S. 29A Of Arbitration Act: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court bench of Justice Rakesh Kainthla has held that it is well-settled law that mere mentioning of an incorrect provision is not fatal to the application if the power to pass such an order is available with the court. Brief Facts: The applicant/petitioner has filed an application under Section 151 of CPC for extension of time …

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, 2 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 …

Award Passed On Consent Cannot Be Held To Be Patently Illegal Or Contrary To Public Policy: Himachal Pradesh HC
2 months, 2 weeks ago

Award Passed On Consent Cannot Be Held To Be Patently Illegal Or Contrary To Public Policy: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court bench of Justices Tarlok Singh Chauhan and Satyen Vaidya held that the award being primarily based on consent cannot also be held to be patently illegal or in conflict with the public policy of India. Brief Facts The present appeal has been preferred by the appellant under Section 37 of the Arbitration and Conciliation Act, …

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

Court In Exercise Of Supervisory Jurisdiction Shall Not Interfere With Arbitral Award, Limited Scope Of Interference: Rajasthan High Court
2 months, 3 weeks ago

Court In Exercise Of Supervisory Jurisdiction Shall Not Interfere With Arbitral Award, Limited Scope Of Interference: Rajasthan High Court

Live Law  

The Rajasthan High Court Bench of Justice Shree Chandrashekhar and Dr. Justice Nupur Bhati held that it is a well settled law that the interpretation of the clause of Agreement by the Arbitrator shall not be open to judicial interference unless it is demonstrated before the Court that the interpretation put by the Arbitral Tribunal was perverse. Additionally, the court …

Findings Of Arbitrator U/S 34 Of Arbitration Act Cannot Be Scrutinised As If Court Is Sitting In Appeal: Chhattisgarh High Court
3 months ago

Findings Of Arbitrator U/S 34 Of Arbitration Act Cannot Be Scrutinised As If Court Is Sitting In Appeal: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court bench of Justices Smt. Rajani Dubey and Shri Bibhu Datta Guru has held that findings of the Arbitrator cannot be scrutinised under section 34 of the Arbitration Act as if the court is sitting in appeal. The appellant submitted that the Commercial Court ought not to have interfered with the findings of the fact with respect …

Specific Exclusion Clause In Agreement Renders Dispute Non-Arbitrable: Punjab & Haryana High Court
3 months, 1 week ago

Specific Exclusion Clause In Agreement Renders Dispute Non-Arbitrable: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Jagmohan Bansal has held that when there is a specific exclusion clause in the agreement, the matter shall not be referred to Arbitration. It was submitted by the applicant that the court under section 11 cannot check whether the matter is non arbitrable or not as per Supreme Court judgment in …

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

Himachal Pradesh High Court Weekly Roundup: December 2 - December 8 2024
3 months, 1 week ago

Himachal Pradesh High Court Weekly Roundup: December 2 - December 8 2024

Live Law  

Nominal Index: National Highways Authority of India vs. Devi Ram & Others 2024 LiveLaw 78 Engineer-in-Chief & Ors. Versus Dev Raj 2024 LiveLaw 79 Suresh Kumar Vs State of H.P 2024 LiveLaw 80 Ashok Thakur v. State of Himachal Pradesh and Anr 2024 LiveLaw 81 Chaudhary Sarwan Kumar Versus Himachal Pradesh Farmers' Forum 2024 LiveLaw 82 Judgments/Orders: Himachal Pradesh High …

Arbitration Weekly Round-Up [ 2nd December To 8th December, 2024]
3 months, 1 week ago

Arbitration Weekly Round-Up [ 2nd December To 8th December, 2024]

Live Law  

High Courts Allahabad High Court Case Title: Anoop Maheshwari v. Thomas T. Kurian While entertaining a revision petition related to a tenancy agreement, the Allahabad High Court has held that a clause for arbitration cannot be invoked for any disputes that arise after the contract has come to an end. Bombay High Court Case Title: Bks Galaxy Realtors LLP v. …

Petition U/S 11 Of Arbitration Act Cannot Be Entertained After Lapse Of 3 Yrs From Date Of Cause Of Action Arising: J&K High Court
3 months, 1 week ago

Petition U/S 11 Of Arbitration Act Cannot Be Entertained After Lapse Of 3 Yrs From Date Of Cause Of Action Arising: J&K High Court

Live Law  

The Jammu & Kashmir And Ladakh High Court bench of Justice Tashi Rabstan has held that the petition under section 11 of the Arbitration Act cannot be entertained after lapse of 3 years from the date of cause of action having arisen. In the present case, the cause of action to file the petition under Section 11 of the Act, …

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court
3 months, 2 weeks ago

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna has held that section 2 of the Arbitration Act which defined the International Commercial Arbitration is a non derogable provision and its applicability cannot be excluded even by mutual consent of the parties. However, certain Sections of the Act, like S.2 which is the definition section, form the basic structure …

Court Not Having Jurisdiction To Entertain Application U/S 34 Cannot Go Into Merits Of Award: Himachal Pradesh High Court
3 months, 2 weeks ago

Court Not Having Jurisdiction To Entertain Application U/S 34 Cannot Go Into Merits Of Award: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that once the court comes to the conclusion that it didn't have jurisdiction to entertain the application under section 34 of the Arbitration Act, it cannot go into the merits of the case. The court in the impugned order held that as per the law laid down …

Ineligibility Of Arbitrator Cannot Be Challenged First Time Under Section 34 Of Arbitration Act: Madras High Court
3 months, 2 weeks ago

Ineligibility Of Arbitrator Cannot Be Challenged First Time Under Section 34 Of Arbitration Act: Madras High Court

Live Law  

The Madras High Court bench of of Chief justice Mr. K.R.Shriram and Justice Senthil Kumar Ramamoorthy has held that the ineligibility of the Arbitrator cannot be challenged for the first time under section 34 of the Arbitration Act when there were enough opportunities to challenge the same in the earlier proceedings. Later when the award was against the respondents, they …

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
3 months, 2 weeks 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 …

Arbitration Weekly Round-Up [25th November To 1st December, 2024]
3 months, 2 weeks ago

Arbitration Weekly Round-Up [25th November To 1st December, 2024]

Live Law  

Supreme Court S.29A Arbitration | 'Sufficient Cause' To Extend Time For Award Should Be Interpreted To Facilitate Effective Dispute Resolution : Supreme Court Case Title: M/S AJAY PROTECH PVT. 34078 of 2023 The Bombay High Court bench of Justice Arif S. Doctor has held that Section 9 of the A&C Act is not the correct mechanism to obtain relief against …

Filing Application U/S 8 Of Arbitration Act Before Statement On Substance Of Dispute Doesn't Waive Right To Invoke Arbitration Clause: Karnataka HC
3 months, 3 weeks ago

Filing Application U/S 8 Of Arbitration Act Before Statement On Substance Of Dispute Doesn't Waive Right To Invoke Arbitration Clause: Karnataka HC

Live Law  

The Karnataka High Court bench of Justice H.P. The court observed that the filing of the written statement and application for reference under Section 8 simultaneously cannot lead to an inference that the Appellant had submitted to the jurisdiction of the Civil Court and had waived its right to seek reference to arbitration. The Trial Court held that under Section …

Arbitration Weekly Round-Up [18th November To 24th November, 2024]
3 months, 3 weeks ago

Arbitration Weekly Round-Up [18th November To 24th November, 2024]

Live Law  

Supreme Court Case Title: GOQII TECHNOLOGIES PRIVATE LIMITED VERSUS SOKRATI TECHNOLOGIES PRIVATE LIMITED, Citation : 2024 LiveLaw 891 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. Delhi High Court Case Title: BALAJI STEEL TRADE versus …

Petition Filed After Expiry Of Limitation Period U/S 34(3) Of Arbitration Act Cannot Be Entertained Unless Sufficient Cause Is Shown: Himachal Pradesh HC
3 months, 3 weeks ago

Petition Filed After Expiry Of Limitation Period U/S 34(3) Of Arbitration Act Cannot Be Entertained Unless Sufficient Cause Is Shown: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that petition under section 34 of the Arbitration Act cannot be entertained which is filed beyond the prescribed period of 3 months under section 34 of the Act in the absence of sufficient cause being shown. Observations: The court, at the outset, noted that as per Section …

Executing Court Can Direct Award-Debtor To Deposit Decretal Amount In Court Until Petition U/S 34 Of Arbitration Act Is Disposed Of: P&H High Court
3 months, 3 weeks ago

Executing Court Can Direct Award-Debtor To Deposit Decretal Amount In Court Until Petition U/S 34 Of Arbitration Act Is Disposed Of: P&H High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that executing court under section 36 of the Arbitration Act can direct the award debtor to deposit the decretal amount in the court registry till the disposal of the petition under section 34 of the Arbitration Act. Brief Facts Instant revision has been filed under Article 227 …

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: November 18 - November 24, 2024
3 months, 3 weeks ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: November 18 - November 24, 2024

Live Law  

Nominal Index: Presentation Convent Senior Secondary School Vs Satvinder Singh 2024 LiveLaw 311 Joginder Singh Vs State & Ors 2024 LiveLaw 312 M/s Mir Associates Construction Company Vs. Superintending Engineer Hydraulic Circle Doda and Anr 2024 LiveLaw 313 M/s Pardeep Electricals and Building Pvt. Vs. Union of India and Ors 2024 LiveLaw 314 Mohd Azam Vs UT Of J&K 2024 …

Himachal Pradesh High Court Reiterates Limited Scope Of Court Intervention U/S 34 & 37 Of Arbitration & Conciliation Act
3 months, 3 weeks 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.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court
3 months, 3 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
4 months 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 …

Fresh Arbitrator Can Be Appointed By Court U/S 14 Of Arbitration Act If Proposed Arbitrator Is Ineligible U/S 12(5): J&K And Ladakh HC
4 months ago

Fresh Arbitrator Can Be Appointed By Court U/S 14 Of Arbitration Act If Proposed Arbitrator Is Ineligible U/S 12(5): J&K And Ladakh HC

Live Law  

The Jammu & Kashmir and Ladakh High Court bench of Chief Justice Tashi Rabstan affirmed that when the arbitration clause is found to be foul with the amended section 12 of the Arbitration Act, the appointment of the arbitrator would be beyond the pale of the arbitration agreement. Brief Facts The present petition has been filed by the petitioner under …

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

Referral Court Has Limited Role U/S 11 Of Arbitration Act To Verify Existence Of Arbitration Agreement: Rajasthan High Court
Trending News
4 months ago

Referral Court Has Limited Role U/S 11 Of Arbitration Act To Verify Existence Of Arbitration Agreement: Rajasthan High Court

Live Law  

The Rajasthan High Court bench of Justice Sudesh Bansal affirmed that the scope of arbitration application, in view of Section 11 of the Arbitration Act, 1996 is confined and limited to the extent of examining the existence of arbitration agreement between the parties for resolution of dispute. Brief Facts Applicant has filed instant arbitration application under Section 11 of the …

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court
4 months ago

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Subramonium Prasad has held that pre requirement of conciliation in an arbitration clause before invoking the arbitration cannot be a bar to file an application under section 11 of the Arbitration Act seeking appointment of an Arbitrator. That disputes have arisen between the parties regarding payment of dues.,the Petitioner herein invoked Clause 17.7 …

While Hearing Appeal U/S 37 Of Arbitration Act, Court Must Confine Itself To Grounds U/S 34 Of Arbitration Act: Himachal Pradesh HC
4 months ago

While Hearing Appeal U/S 37 Of Arbitration Act, Court Must Confine Itself To Grounds U/S 34 Of Arbitration Act: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court bench of Ms. Justice Jyotsna Rewal Dua affirmed that supervisory role of Courts is very restricted in dealing with appeals under Section 37 of the Arbitration Act. The NHAI feeling aggrieved against the enhancement in the market value determined by the Arbitrator took recourse to Section 34 of the Act and filed applications assailing the …

Award Can Be Set Aside U/S 34 Of Arbitration Act If Arbitrator Travels Beyond Arbitration Agreement: Madhya Pradesh HC
Trending News
4 months ago

Award Can Be Set Aside U/S 34 Of Arbitration Act If Arbitrator Travels Beyond Arbitration Agreement: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court bench of Justice Subodh Abhyankar affirmed that if arbitrator travels beyond the terms of the arbitration agreement while passing an award, such an award is liable to be set aside under section 34 of the Arbitration Act. Brief Facts This Arbitration Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 has been filed …

Deposit Of Awarded Amount In Court Registry Sufficient To Extinguish Liability Arising Under Award: Himachal Pradesh High Court
4 months, 1 week ago

Deposit Of Awarded Amount In Court Registry Sufficient To Extinguish Liability Arising Under Award: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court bench of Mr. Justice Bipin Chander Negi has held that the deposit of awarded amount in pursuance of an order of the court into the court registry would be equivalent to payment under section 31 of the Arbitration Act. In the reply, so filed, a specific objection qua pecuniary jurisdiction of the Hon'ble Court was …

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