Arbitral Tribunal Can Make Representation To HC For Contempt If Parties Violate Its Orders: SC [Read Judgment]
7 years, 8 months ago

Arbitral Tribunal Can Make Representation To HC For Contempt If Parties Violate Its Orders: SC [Read Judgment]

Live Law  

The Supreme Court, in Alka Chandewar vs Shamshul Ishrar Khan, has held that an arbitral tribunal is empowered to make representation to the court for contempt if the orders, including the interim orders passed by the arbitrator, are violated by the parties before it.The appeal was against a Bombay High Court judgment which had held that such a representation by the Arbitral Tribunal is. The Supreme Court, in Alka Chandewar vs Shamshul Ishrar Khan, has held that an arbitral tribunal is empowered to make representation to the court for contempt if the orders, including the interim orders passed by the arbitrator, are violated by the parties before it. The appeal was against a Bombay High Court judgment which had held that such a representation by the Arbitral Tribunal is not maintainable as section 27 of the Arbitration and Conciliation Act, 1996, does not empower the tribunal to make representation to the court for contempt if the orders including the interim orders passed by the arbitrator, except in respect of taking evidence, are violated by the party. “The entire object of providing that a party may approach the Arbitral Tribunal instead of the Court for interim reliefs would be stultified if interim orders passed by such Tribunal are toothless,” it said.

Representation Court Contempt Tribunal Arbitral Orders Passed  parties  orders  passed  contempt  tribunal  sc  representation  arbitral  interim  held  hc  read  court  violate  judgment

History of this topic

Arbitrator's Mandate Can Be Extended If Non-Completion Of Proceedings In 12 Months Is Due To Delays Not Attributable To Petitioner: Himachal Pradesh HC
4 days ago

Arbitrator's Mandate Can Be Extended If Non-Completion Of Proceedings In 12 Months Is Due To Delays Not Attributable To Petitioner: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court bench of Justice Ranjan Sharma has held that the mandate of the Arbitrator can be extended under Section 29A of the Arbitration and Conciliation Act, 1996 if the arbitral proceedings are not completed within 12 months due to reasons not attributable to the petitioner, as failing to do so would cause grave prejudice to the …

Participation In Arbitral Proceedings Does Not Imply Acceptance Of Unilateral Appointment Of Arbitrator Unless Objections Are Waived In Writing: Delhi HC
6 days, 15 hours 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 …

Arbitral Tribunal Is Sole Judge Of Evidence, Court Not Required To Re-Evaluate Evidence U/S 34 Of Arbitration Act: Delhi High Court
1 week, 3 days 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 …

HC issues contempt notice to Lucknow police commissioner
2 weeks, 6 days ago

HC issues contempt notice to Lucknow police commissioner

Hindustan Times  

The Lucknow bench of the Allahabad high court on Friday issued a contempt notice to Lucknow police commissioner Amrendra Kumar Sengar and another to explain as to why contempt proceedings be not initiated against them for alleged wilful disobedience of the order dated February 12,2025, passed by the writ court in a criminal appeal of 2020. Justice Manish Kumar of …

Supreme Court Annual Digest 2024 [Arbitration And Conciliation Act]
3 weeks, 5 days ago

Supreme Court Annual Digest 2024 [Arbitration And Conciliation Act]

Live Law  

Section 33 - Although the Arbitral Tribunal becomes functus officio after passing an award, it would still retain the limited jurisdiction to clarify or correct errors in an award. Ltd. v. Kamarajar Port Ltd, 2024 LiveLaw 852 Section 11 - Arbitration Clause in Public Premises Disputes – Applicability of the Public Premises Act, 1971 vis-à-vis the Arbitration and Conciliation Act, …

Contempt Plea In Violation Of Company Law Board's Order Can Be Initiated In HC Without Reference From Board: P&H High Court
1 month, 2 weeks ago

Contempt Plea In Violation Of Company Law Board's Order Can Be Initiated In HC Without Reference From Board: P&H High Court

Live Law  

The Punjab & Haryana High Court has made it clear that the Company Law Board is a court subordinate to the High Court, and contempt proceedings in violation of its order could be initiated by an aggrieved party without requiring a reference from it.Justice Sureshwar Thakur and Justice Vikas Suri said, "there was no requirement for any reference becoming made …

[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 …

Arbitral Tribunal Not Bound By Strict Rigors Of CPC, Amendment Permissible At Any Stage Of Proceedings: Jharkhand High Court
2 months ago

Arbitral Tribunal Not Bound By Strict Rigors Of CPC, Amendment Permissible At Any Stage Of Proceedings: Jharkhand High Court

Live Law  

The Jharkhand High Court Bench of Justice Gautam Kumar Choudhary has held that the power under Articles 226 and 227 of the Constitution can be invoked for interfering with an interim order only in exceptionally rare cases. Additionally, the court held that Arbitral Tribunals are not bound by the strict rigours of CPC and an amendment is permissible at any …

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 …

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

When Is An Order Passed By HC Single Bench In Contempt Jurisdiction Appealable Before DB? Supreme Court Explains
3 months, 3 weeks ago

When Is An Order Passed By HC Single Bench In Contempt Jurisdiction Appealable Before DB? Supreme Court Explains

Live Law  

The Supreme Court recently held that an order passed by a single bench of the High Court declining to initiate proceedings for contempt, or initiating proceedings for contempt, or an order dropping the proceedings for contempt or an order acquitting or exonerating the contemnor, is appealable to the division bench under Section 19 of the Contempt of Courts Act, 1971. …

Delhi High Court Stays Arbitral Proceedings Where Petitioner's Defence Was Struck-Off Due To Non-Payment Of Arbitral Fees
4 months ago

Delhi High Court Stays Arbitral Proceedings Where Petitioner's Defence Was Struck-Off Due To Non-Payment Of Arbitral Fees

Live Law  

The Delhi High Court bench of Justice Sanjeev Narula has held that the striking off of the defence of the Petitioner for non-payment of arbitral fees is a drastic measure that exceeds the jurisdiction of the Arbitrator. The court noted that “Section 38 of the Arbitration and Conciliation Act stipulates that parties shall deposit equal shares of the arbitral fees. …

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 …

Contempt Action Should Be Avoided When Order For Compliance Is Challenged Under Appeal: Punjab & Haryana High Court
4 months, 1 week ago

Contempt Action Should Be Avoided When Order For Compliance Is Challenged Under Appeal: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the contempt court should avoid taking action when the order for compliance is challenged under appeal.Justice Sureshwar Thakur and Sudeepti Sharma said that, "the contempt action has to be sparingly drawn, and, is to be avoided to be drawn, as a measure to coerce the purported errant litigant to make compliances …

Interim Relief By Arbitral Tribunal – Still An Unresolved Mystery?
4 months, 2 weeks ago

Interim Relief By Arbitral Tribunal – Still An Unresolved Mystery?

Live Law  

While litigation in India is a long-drawn and cumbersome process, the Arbitration and Conciliation Act, 1996 was enacted to provide speedy resolution of disputes and deviate from the rigours of the strict procedures. Pre-requisites for obtaining interim relief under the Arbitration Act It is a settled position that application under section 9 is filed before the constitution of Arbitral Tribunal …

Arbitral Tribunal May Impose Costs On Party Abusing Referral Court's Limited Jurisdiction To Compel Another's Participation In Arbitration : Supreme Court
4 months, 2 weeks ago

Arbitral Tribunal May Impose Costs On Party Abusing Referral Court's Limited Jurisdiction To Compel Another's Participation In Arbitration : Supreme Court

Live Law  

The Supreme Court held that in the interest of justice, the Arbitral Tribunal may impose costs on the Party who abused the process of law constraining another party to participate in the Arbitral Proceedings by taking advantage of minimal judicial interference at the referral stage. “In order to balance such a limited scope of judicial interference with the interests of …

Delhi High Court Rules on Appointment of Arbitral Tribunal: Invalid Procedures Before Improper Arbitral Tribunal Are Non-Est
5 months ago

Delhi High Court Rules on Appointment of Arbitral Tribunal: Invalid Procedures Before Improper Arbitral Tribunal Are Non-Est

Live Law  

The Delhi High Court has held that any proceedings before an improperly constituted arbitral tribunal are non-est. This means that any disputes arising from an improperly constituted arbitral tribunal are not subject to arbitration. The court also held that whether a particular claim is precluded from arbitration on account of being an excepted matter should be decided by a duly …

Contempt Of Courts Act | Appeal u/s 19 Maintainable Against Directions Regarding Merits Of Dispute Even If There's No Punishment Order: Supreme Court
7 months, 3 weeks ago

Contempt Of Courts Act | Appeal u/s 19 Maintainable Against Directions Regarding Merits Of Dispute Even If There's No Punishment Order: Supreme Court

Live Law  

On December 24, 2019, the division bench of the high court stated that the respondent must be reinstated in service with all consequential benefits. However, the division bench rejected the Letters Patent Appeal as not being maintainable stating that the appeal would not be maintainable since no punishment was imposed by the single judge and the observations made by the …

Courts Can't Constantly Interfere And Micro-Manage Arbitral Proceedings: Bombay High Court
8 months, 1 week ago

Courts Can't Constantly Interfere And Micro-Manage Arbitral Proceedings: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Arif S. Doctor has held that the court cannot constantly interfere with and micromanage proceedings which are pending before Arbitral Tribunals. The bench held that the court: will not interfere with the exercise of discretion by the Arbitral Tribunal and substitute its own view except when the Arbitral Tribunal has acted arbitrarily, or …

Courts Must Refrain From Interim Orders Once Arbitral Tribunal Is Constituted Unless Urgency Demands: Delhi High Court
8 months, 1 week ago

Courts Must Refrain From Interim Orders Once Arbitral Tribunal Is Constituted Unless Urgency Demands: Delhi High Court

Live Law  

The Delhi High Court bench of Justice C. Hari Shankar has held that once an Arbitral Tribunal is in place, ordinarily a court should refrain from dealing with the matter even for the purposes of passing interlocutory orders unless the order is demonstrably one which cannot await the application of mind by the Arbitral Tribunal. If party is able to …

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 …

Arbitral Tribunal Cant Go Outside Reference Order, Cannot Widen Its Jurisdiction By Dealing With Disputes Not Referred To It: Punjab And Haryana High Court
10 months, 2 weeks ago

Arbitral Tribunal Cant Go Outside Reference Order, Cannot Widen Its Jurisdiction By Dealing With Disputes Not Referred To It: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court single bench of Justice Suvir Sehgal held that an Arbitral Tribunal cannot go outside the reference order by the Punjab State Electricity Regulatory Commission under Section 86 of the Electricity Act, 2003 and cannot widen its jurisdiction by dealing with disputes not referred to it. Observations by the High Court: The High Court noted …

Mandate Of The Arbitral Tribunal Can Only Be Extended By The High Court If The Tribunal Was Constituted Pursuant To Directions Under Section 11(6) Of The A&C Act: Meghalaya High Court
10 months, 3 weeks ago

Mandate Of The Arbitral Tribunal Can Only Be Extended By The High Court If The Tribunal Was Constituted Pursuant To Directions Under Section 11(6) Of The A&C Act: Meghalaya High Court

Live Law  

The Bench of Justice H.S. Thangkhiew of Meghalaya High Court has held that the mandate of the arbitral tribunal can only be extended by the High Court under Section 29A of the A&C Act if the tribunal was constituted pursuant to the directions issued by the Court under Section 11 of the Act. The Court held that though the Court …

Constitution Of Arbitral Tribunal Is Not A Bar On A Party's Right To Approach Section 9 Court For Implementation Of Its Order: Calcutta High Court
10 months, 4 weeks ago

Constitution Of Arbitral Tribunal Is Not A Bar On A Party's Right To Approach Section 9 Court For Implementation Of Its Order: Calcutta High Court

Live Law  

The High Court of Calcutta has held that constitution of arbitral tribunal is not a bar on a party's right to approach Section 9 Court for implementation of its order. Analysis by the Court The Court noted that the Commercial Court at Rajarhat had jurisdiction to implement its own order under Section 9 of the A&C Act, even after the …

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 …

An Award Issued By Unilaterally Appointed Arbitrator Can Be Contested For Invalidity Of Appointment, Even By The Appointing Party: Delhi High Court
11 months, 1 week ago

An Award Issued By Unilaterally Appointed Arbitrator Can Be Contested For Invalidity Of Appointment, Even By The Appointing Party: Delhi High Court

Live Law  

The High Court of Delhi has held that an award passed by a unilaterally appointed arbitrator can be challenged on ground of invalidity of such appointment and consequent lack of jurisdiction even by the party who made such an appointment. Analysis by the Court The Court relied observed that the Apex Court in Bharat Broadband Network Ltd. vs. United Telecom …

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
11 months, 1 week ago

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict

Live Law  

The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in …

Final Determination On Question Of Arbitrability Should Be Made By The Arbitrator: Delhi High Court
11 months, 2 weeks ago

Final Determination On Question Of Arbitrability Should Be Made By The Arbitrator: Delhi High Court

Live Law  

The High Court of Delhi has held that final determination on the issue of arbitrability of the dispute and the subject matter should be made by the arbitrator. It held that the scope of Court exercising power under Section 11 of the A&C Act is limited to a prima facie examination of the existence of the agreement. Upon the failure …

No Writ Against Order Of Tribunal Rejecting Application U/S 16 Of The A&C Act Unless It Shocks The Conscience Of The Court: Delhi High Court
11 months, 4 weeks ago

No Writ Against Order Of Tribunal Rejecting Application U/S 16 Of The A&C Act Unless It Shocks The Conscience Of The Court: Delhi High Court

Live Law  

The High Court of Delhi has held that an order of the arbitral tribunal rejecting an application challenging its jurisdiction under Section 16 of the A&C Act cannot be challenged in a writ petition unless the order is so perverse that it shocks the conscience of the Court. During pendency of the arbitration proceedings, the petitioner moved an application under …

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. …

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 …

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 …

Arbitral Award Can't Be Challenged On Ground Of Bias Of Arbitrator If No Challenge Was Made During Arbitral Proceedings: Delhi High Court
1 year, 2 months ago

Arbitral Award Can't Be Challenged On Ground Of Bias Of Arbitrator If No Challenge Was Made During Arbitral Proceedings: Delhi High Court

Live Law  

The High Court of Delhi has held that an arbitral award cannot be challenged on the ground of bias of arbitrator if no challenge to bias was made during the pendency of arbitral proceedings. The bench of Justice Pratibha M. Singh held that a party that has fully participated in the arbitral proceedings without raising any challenge to the jurisdiction …

A Party Cannot Be Compelled To Appoint An Arbitrator From A Narrow Panel Consisting Of 3 Persons: Delhi High Court Reiterates
1 year, 3 months ago

A Party Cannot Be Compelled To Appoint An Arbitrator From A Narrow Panel Consisting Of 3 Persons: Delhi High Court Reiterates

Live Law  

The High Court of Delhi has held that a panel of arbitrators consisting of merely 3 persons is not broad-based, therefore, a party cannot be compelled to appoint the arbitrator from such a narrow panel. The bench of Justice Jyoti Singh also reiterated that mere participation in the arbitral proceedings cannot be constituted as a waiver to application of Section …

Right Of A Party To Nominate 2/3rd Of The Arbitral Tribunal Violates Counter-Balancing: Delhi High Court Reiterates
1 year, 3 months ago

Right Of A Party To Nominate 2/3rd Of The Arbitral Tribunal Violates Counter-Balancing: Delhi High Court Reiterates

Live Law  

The High Court of Delhi has held that an arbitration clause that confers on a party the right to nominate 2/3rd of arbitral tribunal violates the principles of 'counter-balancing' as sought to be achieved by the Supreme Court in the landmark judgment in Perkins. That the Supreme Court in CORE has upheld the validity of a similarly worded arbitration clause …

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 …

Arbitration Cases Weekly Round-Up: 14 To 20 May, 2023
1 year, 10 months ago

Arbitration Cases Weekly Round-Up: 14 To 20 May, 2023

Live Law  

Supreme Court: Referral Court Has Duty To Conclusively Decide Issue Of ‘Existence & Validity Of Arbitration Agreement’ Raised At Pre-Referral Stage: Supreme Court Case Title: Magic Eye Developers Pvt. High Courts: Calcutta High Court: Arbitration: Calcutta High Court Allows S. 11 Application Being Consolidated Claim Under Different Purchase Orders Linked To A Single Main Contract Case Title: Godrej & Boyce …

Arbitral Tribunal’s Order Rejecting Party’s Request To File Counter Claims On Ground Of Delay, Doesn’t Foreclose Its Right To Invoke Arbitration: Delhi High Court
2 years ago

Arbitral Tribunal’s Order Rejecting Party’s Request To File Counter Claims On Ground Of Delay, Doesn’t Foreclose Its Right To Invoke Arbitration: Delhi High Court

Live Law  

The Delhi High Court has ruled that the Arbitral Tribunal’s order rejecting a party’s request to file counter claims on the ground of delay, does not foreclose its right to invoke arbitration seeking independent reference of its claims. In a petition filed by the respondent under Section 11 of the Arbitration and Conciliation Act, 1996 before the Delhi High Court, …

Court Not Powerless To Appoint Appropriate Arbitral Tribunal, Even If Party Forfeits Its Right Under Arbitration Clause: Bombay High Court
2 years, 1 month ago

Court Not Powerless To Appoint Appropriate Arbitral Tribunal, Even If Party Forfeits Its Right Under Arbitration Clause: Bombay High Court

Live Law  

The Bombay High Court has ruled that even if a party’s right to appoint its nominee in the Arbitral Tribunal as per the arbitration clause, is forfeited because it failed to exercise its right within the statutory period after receiving the notice invoking arbitration, it would not render the Court powerless to appoint an appropriate Arbitral Tribunal, after considering the …

Participation In Arbitral Proceedings, Does Not Disentitle Party To Challenge Award On Ground Of Unilateral Appointment Of Arbitrator: Bombay High Court
2 years, 3 months ago

Participation In Arbitral Proceedings, Does Not Disentitle Party To Challenge Award On Ground Of Unilateral Appointment Of Arbitrator: Bombay High Court

Live Law  

The Bombay High Court has ruled that merely because a party participated in the arbitration proceedings, it is not disentitled from challenging the arbitral award on the ground that the arbitration proceedings were vitiated due to the unilateral appointment of the Arbitrator by the opposite party, falling foul of Section 12 read with the Seventh Schedule of the Arbitration and …

Supreme Court Issues Contempt Notice To Advocate ML Sharma & AoR For Scandalising High Court In Petition
2 years, 4 months ago

Supreme Court Issues Contempt Notice To Advocate ML Sharma & AoR For Scandalising High Court In Petition

Live Law  

The Supreme Court on Friday took serious objection to the averments in a petition which attributed motives to a division bench of the Madhya Pradesh High Court in deciding a case and issued contempt notice to the lawyers connected with the Special Leave Petition- Advocate ML Sharma, Advocate-on-Record Deepak Goel.The Court also issued contempt notice to Vijay Singh, Assistant Accountant. …

Arbitral Tribunal Cannot Recall The Order Terminating The Arbitral Proceedings: Delhi High Court
2 years, 5 months ago

Arbitral Tribunal Cannot Recall The Order Terminating The Arbitral Proceedings: Delhi High Court

Live Law  

The High Court of Delhi has held that once the arbitral tribunal terminates the arbitration proceedings on account of claimant withdrawing its claims, it cannot recall the order of termination order. The Court further held that after the termination of arbitral proceedings, the tribunal would be coram non judice and any order passed by it would be without any jurisdiction. …

Party Seeking Appointment Of Arbitrator U/S 11(6) Must Demonstrate Failure By Other Party In Following Procedure: J&K&L High Court
2 years, 7 months ago

Party Seeking Appointment Of Arbitrator U/S 11(6) Must Demonstrate Failure By Other Party In Following Procedure: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that a party seeking appointment of an arbitrator through the intervention of the court must demonstrate that there was a failure by the other party in following the procedure and accepting the request for the appointment of an arbitrator before approaching the court. A bench comprising Chief Justice Pankaj Mithal …

Constitution Of Arbitral Tribunal Does Not Restrict Application For Interim Relief If "Entertained" By The Court : Karnataka High Court Reiterates The Law
2 years, 8 months ago

Constitution Of Arbitral Tribunal Does Not Restrict Application For Interim Relief If "Entertained" By The Court : Karnataka High Court Reiterates The Law

Live Law  

The Karnataka High Court has ruled that the restriction contained under Section 9 of the Arbitration and Conciliation Act, 1996 would not apply once an application under Section 9 for interim measures has been "entertained" by the Court before the appointment of the arbitrator. The High Court observed that the application filed under Section 9 of the A&C Act was …

Judiciary Not Immune From Criticism But Action Must Be Taken When Based On Distorted Facts To Intentionally Lower Court's Dignity: Delhi High Court
2 years, 8 months ago

Judiciary Not Immune From Criticism But Action Must Be Taken When Based On Distorted Facts To Intentionally Lower Court's Dignity: Delhi High Court

Live Law  

While observing that Judiciary is not immune from criticism, the Delhi High Court has observed that such criticism cannot be based on distorted facts or gross misrepresentation of material averments to intentionally lower its dignity and respect.Justice Jasmeet Singh, who was dealing with an appeal raising allegations against Trial Court and High Court judges, issued notice to the. While observing …

Arbitration Cases Weekly Round-Up: June 19 – June 25, 2022
2 years, 9 months ago

Arbitration Cases Weekly Round-Up: June 19 – June 25, 2022

Live Law  

Bombay High Court: Arbitral Proceedings Cannot Be Imposed On A Debenture Trustee Under A Scheme Of Compromise, In The Absence Of An Arbitration Agreement: Bombay High Court Case Title: HMG Industries Ltd. versus Canara Bank Citation: 2022 LiveLaw 224 The Bombay High Court has held that even though a Scheme of Compromise entered into under Section 391 of the Companies …

Court Can't Decide Disputed Questions Of Facts U/S 11(6) Arbitration Act, Question Of Arbitrability Can Be Examined By Arbitral Tribunal: Gujarat HC
2 years, 9 months ago

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

Live Law  

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

Arbitral Tribunal Framing An Issue Which Was Already Decided During Interim Award, Writ Maintainable :Meghalaya High Court
2 years, 10 months ago

Arbitral Tribunal Framing An Issue Which Was Already Decided During Interim Award, Writ Maintainable :Meghalaya High Court

Live Law  

The High Court of Meghalaya has held that a writ petition is maintainable against an order of the arbitral tribunal framing issue in respect of a claim that has finally been decided in the interim award. However, vide the impugned order the arbitral tribunal proceeded to frame an issue qua the claim already decided in the interim award. Analysis by …

Arbitrator Terminating The Arbitral Proceedings Under Section 25(A) Of The A&C Act, Challenge Maintainable Under Article 227 Of The Constitution Of India: Delhi High Court
2 years, 10 months ago

Arbitrator Terminating The Arbitral Proceedings Under Section 25(A) Of The A&C Act, Challenge Maintainable Under Article 227 Of The Constitution Of India: Delhi High Court

Live Law  

The Delhi High Court has ruled that since no alternate remedy is available to the claimant to challenge the order of the arbitrator terminating the arbitral proceedings under Section 25 of the Arbitration and Conciliation Act, 1996, hence, a petition under Article 227 of the Constitution of India against the said order of the arbitrator is ex facie maintainable. The …

Court Can Appoint An Arbitrator During The Pendency Of An Appeal Against An Award, Set Aside On Reasons Other Than Merit : Bombay High Court
2 years, 11 months ago

Court Can Appoint An Arbitrator During The Pendency Of An Appeal Against An Award, Set Aside On Reasons Other Than Merit : Bombay High Court

Live Law  

The High Court of Bombay has held that when an award is set aside for other reasons and not on merit, the parties are well within their rights to initiate fresh arbitration in respect of the same claims and pendency of an appeal against such an order is not a ground to refuse the appointment. Menon has further held that …

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