Appointment Of Managing Director/Chairman Of Party As Arbitrator Is Prohibited U/S 12(5) Of Arbitration Act: J&K High Court
3 months, 2 weeks ago

Appointment Of Managing Director/Chairman Of Party As Arbitrator Is Prohibited U/S 12(5) Of Arbitration Act: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court bench of Chief Justice Tashi Rabstan has held that managing director or chairman of a party to the arbitration agreement cannot be appointed as Arbitrator in light of section 12 read with Seventh Schedule of the Arbitration Act. The petitioner submitted that the appointment of Managing Director/Chairman of the respondent as Arbitrator as per arbitration clause violates section 12 and Schedule 7 of the Arbitration Act. Per contra, the respondent submitted that it is clearly mentioned that all the terms and conditions of lease deed dated 21.04.2022 executed by the petitioner with the department shall be binding upon the contractor and in the same lease deed, there is a clause 41, which talks of referring of any doubt, dispute, question or difference to the Sole Arbitration of the Managing Director/Chairman Industrial Development Corporation for arbitration under the Jammu and Kashmir Arbitration and Reconciliation Act. In light of the above discussion, the court observed that “in view of amended Section 12 of the Arbitration and Conciliation Act, 1996 read with the Seventh Schedule, I am of the considered opinion that Clause 41 of the Lease Deed, which provides the Managing Director/Chairman of the department to be a sole arbitrator for adjudicating the claims/disputes between the petitioner and the department, would be against the law governing the field.'

Arbitration Court Lease Respondent Managing Director Petitioner Arbitrator  arbitration  party  respondent  prohibited  high  directorchairman  court  petitioner  lease  125  arbitrator  schedule  managing  jk  deed  appointment

History of this topic

Participation In Arbitral Proceedings Does Not Imply Acceptance Of Unilateral Appointment Of Arbitrator Unless Objections Are Waived In Writing: Delhi HC
1 week, 1 day ago

Participation In Arbitral Proceedings Does Not Imply Acceptance Of Unilateral Appointment Of Arbitrator Unless Objections Are Waived In Writing: Delhi HC

Live Law  

The Delhi High Court bench of Justice Subramonium Prasad has held that the mandate of the Arbitrator can be terminated under Section 14 of the Arbitration and Conciliation Act, 1996 if the Arbitrator was appointed unilaterally, which is explicitly prohibited under Section 12 of the Arbitration Act unless the ineligibility is expressly waived through a written agreement. It also held …

Arbitration Clause Cannot Be Invoked Again Over Matters Which Have Already Been Adjudicated: Karnataka High Court
3 weeks, 1 day ago

Arbitration Clause Cannot Be Invoked Again Over Matters Which Have Already Been Adjudicated: Karnataka High Court

Live Law  

The Karnataka High Court has said the Arbitration clause in the lease agreement cannot be invoked for matters that have already been adjudicated upon and concluded by both the Arbitral Tribunal and the competent courts. The respondent challenged the award before the jurisdictional District and Sessions Court under Section 34 of the Arbitration and Conciliation Act, 1996, which set aside …

Party Cannot Be Forced To Accept Arbitrator Who Has Conflict Of Interest, Violates Principles Of Natural Justice And Fair Trial: J&K High Court
3 weeks, 4 days ago

Party Cannot Be Forced To Accept Arbitrator Who Has Conflict Of Interest, Violates Principles Of Natural Justice And Fair Trial: J&K High Court

Live Law  

The Jammu and Kashmir High Court held that a party could not be forced to accept an arbitrator who has a conflict of interest, as the same would violate the principles of a fair trial. The court, therefore, appointed a former District & Sessions Judge as the independent sole arbitrator, who would proceed to hear the dispute and pass a …

Named Arbitrator Cannot Be Replaced Unless There Is Evidence Of Partiality Or Bias Against Them: Andhra Pradesh HC
1 month, 1 week ago

Named Arbitrator Cannot Be Replaced Unless There Is Evidence Of Partiality Or Bias Against Them: Andhra Pradesh HC

Live Law  

The Andhra Pradesh High Court bench of Justice Dhiraj Singh Thakur has held that the request for seeking appointment of an independent arbitrator other than the named arbitrator cannot be entertained if there is no evidence to show that the named arbitrator would act in a partial or biased manner. ' The Supreme Court in Indian Oil Corporation Limited and …

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, 2 weeks 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 …

Award Passed By Improperly Appointed Arbitrator Is Non-Est In Law And Invalid: Delhi High Court
Trending News
1 month, 3 weeks ago

Award Passed By Improperly Appointed Arbitrator Is Non-Est In Law And Invalid: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Jasmeet Singh has held that it is settled law that the Arbitrator is a creature of the contract and has to function within four corners of contract. As per the Arbitration Clause, the General Manager/Business Unit Head was the named Arbitrator to adjudicate the disputes between the parties. However, the respondent on 20.12.2010 …

Notice To Appoint Another Arbitrator To Continue Arbitration Proceedings Satisfies Mandate Of S.21Of A&C Act: Kerala High Court
1 month, 4 weeks ago

Notice To Appoint Another Arbitrator To Continue Arbitration Proceedings Satisfies Mandate Of S.21Of A&C Act: Kerala High Court

Live Law  

The Kerala High Court bench of Justice Syam Kumar V.M., while hearing a Section 11 petition, has held that a notice to revive a stalled arbitration proceedings by appointing another arbitrator satisfies the mandate of Section 21 of the A&C Act. The court further observed that the dispute between parties arose in 2018, which is evident from the filing of …

Court Cannot Assume Jurisdiction To Appoint Arbitrator Unless Request For Reference Of Dispute Is Received By Respondent: Bombay High Court
2 months ago

Court Cannot Assume Jurisdiction To Appoint Arbitrator Unless Request For Reference Of Dispute Is Received By Respondent: Bombay High Court

Live Law  

The Bombay High Court bench of Justice R. M. Joshi has held that compliance with Section 21 of the Arbitration and Conciliation Act, 1996 is mandatory and that the court cannot assume jurisdiction to appoint an Arbitrator under Section 11 unless a request for a reference of dispute is received by the respondent. The present application was filed under Section …

Concept Of Appointing Named Arbitrator Who Is An Interested Party Is No Longer Sustainable: Uttarakhand High Court
2 months, 1 week 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 …

Can HC Appoint Sole Arbitrator When Arbitration Clause Provides For Unilateral Appointment Of Arbitrator ? Supreme Court To Consider
2 months, 1 week ago

Can HC Appoint Sole Arbitrator When Arbitration Clause Provides For Unilateral Appointment Of Arbitrator ? Supreme Court To Consider

Live Law  

The Supreme Court on Monday agreed to consider the issue of whether the High Court can appoint a sole arbitrator under the Arbitration and Conciliation Act 1996 if the arbitration agreement between parties provides for unilateral appointment in violation of the decision in CORE v. M/S ECI SPIC SMO MCML. The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar …

Unilateral Appointment Clause Of Arbitrator Hinders Equal Participation Of Parties In Appointment Process: Patna High Court
2 months, 2 weeks ago

Unilateral Appointment Clause Of Arbitrator Hinders Equal Participation Of Parties In Appointment Process: Patna High Court

Live Law  

The Patna High Court Bench of Chief Justice K. Vinod Chandran held that a clause that allows one party to unilaterally appoint a sole arbitrator gives rise to justifiable doubts as to the independence and impartiality of the arbitrator. Further, such a unilateral clause is exclusive and hinders equal participation of the parties in the appointment process of arbitrators. It …

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, 3 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 …

[Arbitration Act] Friendly Consultation Necessary Before Issuing Section 21 Notice: Delhi High Court
3 months ago

[Arbitration Act] Friendly Consultation Necessary Before Issuing Section 21 Notice: Delhi High Court

Live Law  

The Delhi High Court bench of J. C. Hari Shankar has held that in the present case there is no scope for negotiation between the parties, much less friendly negotiations. The petitioner invoked the arbitration clause present in the Lease Deed, by sending notice under Section 21 of the Arbitration & Conciliation Act, 1996. Observation of the Court: 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, 1 week 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 …

On Recusal Of Arbitrator Appointed By Court U/S 11 Of Arbitration Act, Substitute Arbitrator Can Be Appointed U/S 15(2): Uttarakhand HC
3 months, 2 weeks ago

On Recusal Of Arbitrator Appointed By Court U/S 11 Of Arbitration Act, Substitute Arbitrator Can Be Appointed U/S 15(2): Uttarakhand HC

Live Law  

The Uttarakhand High Court bench of Acting Chief Justice Manoj Kumar Tiwari has held that on recusal of previously appointed Arbitrator appointed by the court under section 11 of the Arbitration Act, a substitute Arbitrator can be appointed by the court under section 15 of the Arbitration Act. Brief Facts The present application under section 11 read with section 15 …

Referral Court U/S 11 Of Arbitration Act Cannot Enter Into Merits Of Subject Matter Of Disputes: Rajasthan High Court
Trending News
3 months, 2 weeks ago

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

Live Law  

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

Once Person Empowered To Nominate Arbitrator Becomes Ineligible U/S 12(5), Matter Shall Not Be Referred To Arbitration: Patna High Court
3 months, 2 weeks ago

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

Live Law  

The Patna High Court bench of Chief Justice K Vinod Chandran has held that once the person empowered to nominate an arbitrator under an arbitration clause becomes ineligible to nominate the arbitrator, the matter shall not referred to the Arbitration. On the other hand it is the case of the respondent that the Patna High Court in State of Bihar …

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, 2 weeks 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, …

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

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

S.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court
4 months, 1 week 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, 1 week 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, 1 week 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, 1 week 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 …

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court
4 months, 1 week 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, 1 week 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 …

Party Can Waive Arbitrator's Ineligibility U/S 12(5) Of Arbitration Act By Express Agreement In Writing: Bombay High Court
4 months, 2 weeks ago

Party Can Waive Arbitrator's Ineligibility U/S 12(5) Of Arbitration Act By Express Agreement In Writing: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Rajesh S. Patil affirmed that once an ineligibility to act as Arbitrator is waived by an express agreement in writing under proviso to section 12 of the Arbitration Act, waiving party is prohibited from claiming ineligibility of the Arbitrator for the first time under section 34 of the Arbitration Act. Brief Facts The …

De-Jure Ineligibility To Act As Arbitrator U/S 12(5) Of Arbitration Act Can Be Waived Only By Express Agreement In Writing: Delhi High Court
Trending News
4 months, 2 weeks ago

De-Jure Ineligibility To Act As Arbitrator U/S 12(5) Of Arbitration Act Can Be Waived Only By Express Agreement In Writing: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta affirmed that de jure ineligibility to act as an arbitrator can only be waived, after dispute having arisen, by the parties by an express agreement in writing under proviso to section 12 of the Arbitration Act. The court referred to the Delhi High Court judgment in Reliance Infrastructure Limited v. Madhyanchal …

Arbitration Monthly Digest: October 2024
4 months, 2 weeks 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 …

Unconditional Withdrawal Of Arbitrator Appointment Application Bars Second Application On Same Cause Of Action: Supreme Court
4 months, 2 weeks ago

Unconditional Withdrawal Of Arbitrator Appointment Application Bars Second Application On Same Cause Of Action: Supreme Court

Live Law  

The Supreme Court observed that when a party seeking appointment of an arbitrator unconditionally withdraws its application, then the subsequent application for an appointment of an arbitrator on the same cause of action would be barred.The bench comprising Chief Justice DY Chandrachud and Justice JB Pardiwala ruled that Order 23 Rule 1 of Civil Procedure Code, 1908 would be. The …

Govt cannot unilaterally appoint arbitrators: SC judgment
4 months, 3 weeks ago

Govt cannot unilaterally appoint arbitrators: SC judgment

Hindustan Times  

The Supreme Court on Friday ruled that government entities and public sector units cannot unilaterally appoint arbitrators in public-private arbitration agreements because such clauses violate the principle of equality under Article 14 of the Constitution. The bench, led by Chief Justice of India DY Chandrachud and including justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal and Manoj Misra, grappled with pressing …

Failure To Name Arbitrator In Legal Notice Does Not Invalidate Arbitration Invocation: Rajasthan High Court
6 months, 1 week ago

Failure To Name Arbitrator In Legal Notice Does Not Invalidate Arbitration Invocation: Rajasthan High Court

Live Law  

The Rajasthan High Court bench comprising Dr. Justice Nupur Bhati has held that the invocation of an arbitration clause, which required the Applicant to name an Arbitrator, is valid under Section 11 of the Arbitration and Conciliation Act, 1996, even without naming an arbitrator in the legal notice, as long as the existence of an arbitration agreement is prima facie …

Chief Justice Or Their Designate Cannot Adjudicate Merits Of Dispute Under Section 11 Of Arbitration Act: Calcutta High Court
8 months, 3 weeks ago

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

Live Law  

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that it is completely beyond the domain of the Chief Justice and/or his designate, sitting in jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996, to adjudicate even prima facie on the merits of an arguable issue involved in the matter, which would fall categorically within the …

Arbitration Weekly Roundup: June 24 - June 30, 2024
8 months, 3 weeks ago

Arbitration Weekly Roundup: June 24 - June 30, 2024

Live Law  

Delhi High Court Objections Regarding Time-Barred Claims Under Section 11 Petition Should Be Left For Arbitral Tribunal: Delhi High Court Case Title: Capri Global Capital Limited Vs Ms Kiran Case Number: ARB.P. Orrisa High Court No Reappreciation Of Evidence Permitted Under Section 34 Of Arbitration Act, Arbitrator's Views Must Be Respected: Orissa High Court Case Title: Principal Secretary to the …

Arbitration Clause Valid Despite Even Number Of Arbitrators: Delhi High Court Allows Section 11(6) Petition
9 months, 2 weeks ago

Arbitration Clause Valid Despite Even Number Of Arbitrators: Delhi High Court Allows Section 11(6) Petition

Live Law  

The Delhi High Court bench of Justice Jasmeet Singh has held that the arbitration clause is not invalidated merely on the ground that the number of arbitrators, as per the arbitration clause, was an even number and therefore, was in contravention of Section 10 of the Arbitration and Conciliation Act, 1996. All disputes shall be subjected to Delhi Jurisdiction only.” …

Arbitration Requires Dispute Arising From Agreement, Unrelated Disputes Ineligible for Arbitration: Rajasthan High Court
9 months, 2 weeks ago

Arbitration Requires Dispute Arising From Agreement, Unrelated Disputes Ineligible for Arbitration: Rajasthan High Court

Live Law  

The Rajasthan High Court bench of Justice Rekha Borana held that arbitration hinges on the presence of a dispute arising from the agreement between the involved parties. Feeling aggrieved, the Applicant approached the Rajasthan High Court and filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of the arbitrator. The award of the …

Once Arbitration Agreement Is Confirmed, Court Should Refrain From Delving Into Other Issues: Delhi High Court
9 months, 3 weeks 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. …

Appointing High Court Has Power To Extend Arbitrator's Mandate U/s 29A: Allahabad High Court Reiterates Settled Position Till Larger Bench Decides Issue
10 months, 1 week ago

Appointing High Court Has Power To Extend Arbitrator's Mandate U/s 29A: Allahabad High Court Reiterates Settled Position Till Larger Bench Decides Issue

Live Law  

The Allahabad High Court single bench of Justice Shekhar B. Saraf held that if the High Court appoints the arbitrator under Section 11 of the Arbitration Act, it has the jurisdiction to entertain Section 29A application for extending the mandate of the arbitrator. While acknowledging that the issue of the appropriate court for Section 29A applications was pending before a …

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
11 months 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 …

Sec. 11, A&C Act Petition Must Be Filed In High Court Where Cause Of Action Arose, Not Necessarily At Principle Place Of Business: Delhi High Court
11 months, 4 weeks ago

Sec. 11, A&C Act Petition Must Be Filed In High Court Where Cause Of Action Arose, Not Necessarily At Principle Place Of Business: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh dismissed the application filed under Section 11 of the Arbitration and Conciliation Act, 1996 and held that such a petition should be filed at the place of the subordinate office of the corporation. “In the present case as well, the subordinate office of the respondent is situated at Satna, Madhya …

Arbitration Act | When Parties Engage In Constant Communication, Unjust To Dismiss Claim Solely On Grounds Of Being Time-Barred: Calcutta High Court
1 year ago

Arbitration Act | When Parties Engage In Constant Communication, Unjust To Dismiss Claim Solely On Grounds Of Being Time-Barred: Calcutta High Court

Live Law  

The Calcutta High Court single bench of Justice Moushumi Bhattacharya held that it would be an unnatural construction of Section 11 of the Arbitration and Conciliation Act, 1996 where a party with a bona fide and a genuine claim is left in the lurch on the defence of the claim being barred by limitation. Brief Facts: The Petitioner approached the …

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

Appointment Of Arbitrators From Panel Of Serving/Retired Railway Officials Contravenes Section 12(5) & 7th Schedule: Gauhati High Court
1 year ago

Appointment Of Arbitrators From Panel Of Serving/Retired Railway Officials Contravenes Section 12(5) & 7th Schedule: Gauhati High Court

Live Law  

The Gauhati High Court single bench of Justice Michael Zothankhuma held that panel/appointment of the serving/retired officials of the Railways, as members of the Arbitral Tribunal, is hit by Section 12 and the 7th Schedule of the Arbitration and Conciliation Act. Railway himself cannot be made an Arbitrator in view of Section 12 and the 7th Schedule to the 1996 …

One Party Cannot Appoint 2/3rd Of The Arbitral Tribunal: Delhi High Court
1 year ago

One Party Cannot Appoint 2/3rd Of The Arbitral Tribunal: Delhi High Court

Live Law  

The High Court of Delhi has held that a panel for appointment of arbitrator cannot be restricted to mere 3 names as it would violate broad-based representation. The Court also reiterated that mere illegality of the appointment procedure would not make the entire arbitration clause invalid as the illegal portion can be severed with the remaining portion of the clause …

Provisions Of Section 12(5) R/W 7th Schedule Of The A&C Act Also Apply To Institutional Arbitrations: Bombay High Court
1 year ago

Provisions Of Section 12(5) R/W 7th Schedule Of The A&C Act Also Apply To Institutional Arbitrations: Bombay High Court

Live Law  

The High Court of Bombay has held that that provisions of Section 12 r/w 7th Schedule of the A&C Act also apply to Institutional Arbitrations. The petitioner raised a challenge to her appointment under MCIA Rule 10 on the ground that the law firm in which she is a partner has, on numerous occasions, acted as legal advisors to respondent …

Arbitration Monthly Round Up: February 2024
1 year ago

Arbitration Monthly Round Up: February 2024

Live Law  

Supreme Court Case Title: M/s Arif Azim Co. Ltd. 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 Jessop Construction Co Ltd vs Northern Railway The Delhi High Court bench comprising Justice Sachin Datta allowed an application made under Section 14 of 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 …

Application Under Section 29(A) A&C Act Doesn't Constitute Express Waiver In Writing U/s 12(5) To Challenge Arbitrator's Ineligibility: Delhi High Court
1 year, 1 month ago

Application Under Section 29(A) A&C Act Doesn't Constitute Express Waiver In Writing U/s 12(5) To Challenge Arbitrator's Ineligibility: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Manoj Kumar Ohri held that filing of the Section 29 application by a party did not amount to a waiver of its right to challenge the arbitrator's ineligibility under Section 12 of the Arbitration and Conciliation Act, 1996. The bench held that filing an application under Section 29A of the Arbitration Act …

GCC Clause For Appointment OF Three Gazetted Railway Officers Panel For Arbitration Violates Section 12(5) A&C: Calcutta High Court
1 year, 1 month ago

GCC Clause For Appointment OF Three Gazetted Railway Officers Panel For Arbitration Violates Section 12(5) A&C: Calcutta High Court

Live Law  

The Calcutta High Court single bench of Justice Moushumi Bhattacharya held that the clause in General Conditions of Contract stipulating appointment of a panel of three gazetted railway officers for arbitration violated Section 12 of the Arbitration and Conciliation Act, 1996, read with the Fifth and Seventh Schedules of the Act. The Petitioner approached the Calcutta High Court for appointment …

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