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

1 year, 6 months ago

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

Live Law

The Arbitration and Conciliation Act, 1996 amended in 2015 first introduced section 29A which prescribed the time limit of 12 months for an Arbitral Tribunal to conclude the proceedings and pass an award from the date it enters reference. In the year 2019 another amendment was made to Section 29A after which the time limit of 12 months for passing the award now begins to run from the date of completion of pleadings as per section 23 of the Act. From the plain reading of the two provisions, it can be deduced that the award shall be made by the Arbitral Tribunal within 12 months of completion of pleadings which includes Statement of Claim and Statement of Defense, which also have to be concluded within the time frame of six months from the date on which Arbitral Tribunal receives notice of appointment. The counsel made submission that any subsequent filing of Counterclaim and Defense to Counterclaim filed after statement of Defense shall not be considered as part of pleadings for the purposes of section 23 and 29A of the Act while calculating the beginning point of the 12-month period. Hence in the absence of any active discussion regarding the same, since Court while considering the date of completion of pleadings included the time period for filing the Counterclaim and Defense to the Counterclaim, only an indicative assessment can be made as to the phrase “completion of pleadings” and inclusion of subsequent filling of Counterclaim and its Defense within its ambit.

Defense Arbitration Court Statement Date Filing Months Shall 12 Months Section 29A 29A Completion Pleadings Considered Counterclaim Statement Of Claim And Statement Of Defense question arbitration conciliation act1996 court considered completion pleadings counterclaim statement months defense date filing 29a shall indian

History of this topic

Section 29A Of Arbitration & Conciliation Act, 1996: Complications More Than Cure

3 months, 2 weeks ago

Section 29A Of Arbitration & Conciliation Act, 1996: Complications More Than Cure

Live Law

This article is an attempt to highlight the complexities involved under Section 29A of the Arbitration & Conciliation Act, 1996. Ltd. v. General Manager & Anr., reiterated the principle that the extension of mandate under Section 29A shall be only for a “sufficient cause”. In Larsen and Toubro Ltd. v. IIC Limited and Anr., it is held by the Delhi …

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, 3 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 …

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

4 months ago

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

Live Law

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

Arbitration | Application To Extend Time To Pass Arbitral Award Maintainable Even After Expiry Of Period Under S.29A(4) : Supreme Court

6 months, 2 weeks ago

Arbitration | Application To Extend Time To Pass Arbitral Award Maintainable Even After Expiry Of Period Under S.29A(4) : Supreme Court

Live Law

In an important ruling concerning the Arbitration and Conciliation Act, the Supreme Court today held that an application for extending the time for passing of an arbitral award can be filed even after the expiry of the twelve-month or the extended six-month period.“we hold that an application for extension of the time period for passing an arbitral award under Section …

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

1 year, 8 months ago

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

Live Law

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

Arbitration | Section 34 Application Must Be Filed Within 90 Days Limitation To Claim Exclusion Of Period When Court Remain Closed : Supreme Court

1 year, 11 months ago

Arbitration | Section 34 Application Must Be Filed Within 90 Days Limitation To Claim Exclusion Of Period When Court Remain Closed : Supreme Court

Live Law

The Supreme Court has held that an application under Section 34 of Arbitration and Conciliation Act, 1996 must be filed within “prescribed period” of limitation i.e. SUPREME COURT VERDICT Exclusion of period during which the Court was closed from computation of limitation only available when application for setting aside award is filed within “prescribed period” of limitation The Bench placed …

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

4 years, 8 months ago

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

Live Law

Infusing clarity on the applicability of the amended Section 29A of the Arbitration and Conciliation Act, 1996,, the Single Judge of the Delhi High Court in the case of ONGC PETRO ADDITIONS LIMITED vs. FERNS CONSTRUCTION CO. INC, pronounced on 21 July 2020, has found that the amendments to Section 29A in 2019, fixing the 12 month time frame from …

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

4 years, 11 months ago

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

Live Law

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

Time Bound Arbitration: The Merits And Implementation Disabilities Of Section 29A

8 years ago

Time Bound Arbitration: The Merits And Implementation Disabilities Of Section 29A

Live Law

In spirit, the purpose of alternatives to the court process is speedy, efficient and cost-effective dispute resolution. A consequence of arbitration in India defeating this purpose is the “well intended” Section 29A of the Arbitration and Conciliation Act, 2015.Section 29A imposes a 12 month time frame on completion of an arbitration proceeding, from the date. A consequence of arbitration in …

Time Bound Arbitration: The Merits And Implementation Disabilities Of Section 29A

8 years ago

Time Bound Arbitration: The Merits And Implementation Disabilities Of Section 29A

Live Law

In spirit, the purpose of alternatives to the court process is speedy, efficient and cost-effective dispute resolution. A consequence of arbitration in India defeating this purpose is the “well intended” Section 29A of the Arbitration and Conciliation Act, 2015.Section 29A imposes a 12 month time frame on completion of an arbitration proceeding, from the date. A consequence of arbitration in …

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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

5 days, 8 hours 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 …

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Court's Jurisdiction U/S 11(6) Of A&C Act Is Decided Under CPC When No Seat Or Venue Is Specified In Arbitration Agreement: Delhi High Court

5 days, 10 hours ago

Court's Jurisdiction U/S 11(6) Of A&C Act Is Decided Under CPC When No Seat Or Venue Is Specified In Arbitration Agreement: Delhi High Court

Live Law

The Delhi High Court bench of Justice Manoj Kumar Ohri has held that in the absence of a specified seat or venue in the Arbitration Agreement, the court's jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 is determined by Sections 16 to 20 of the Civil Procedure Code, 1908. It was further argued that when the arbitration …

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Non-Signatories To Arbitration Agreement Can Be Made Party To Dispute If Reliefs Sought Against Them Align With Those Sought Against Signatories: Calcutta HC

1 week, 2 days ago

Non-Signatories To Arbitration Agreement Can Be Made Party To Dispute If Reliefs Sought Against Them Align With Those Sought Against Signatories: Calcutta HC

Live Law

The Calcutta High Court bench of Justices Sabyasachi Bhattacharyya and Uday Kumar has observed that if the reliefs against the non-signatories to the arbitration agreement are in harmony with the reliefs sought against the signatories, particularly when the legal relationship between the signatories and non-signatories are on the same platform vis-a-vis the cause of action of the suit and the …

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International Commercial Arbitration | How To Determine Law Governing Arbitration Agreement? Supreme Court Discusses Tests

1 week, 4 days ago

International Commercial Arbitration | How To Determine Law Governing Arbitration Agreement? Supreme Court Discusses Tests

Live Law

In a significant judgment relating to International Commercial Arbitration, the Supreme Court today ruled that in the absence of an express law governing the arbitration agreement, the applicable law should be determined based on the parties' intentions, with a strong presumption in favor of the law governing the main contract. After a dispute arose between the parties, the Petitioner sought …

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

Trending News

1 week, 5 days 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 …

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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

1 week, 5 days 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 …

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

1 week, 5 days 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 …

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[General Clauses Act] Irrespective Of Number Of Days, Expiry Period Of 1-Month Should Be Based On Corresponding Date In Following Month: Kerala HC

1 week, 5 days ago

[General Clauses Act] Irrespective Of Number Of Days, Expiry Period Of 1-Month Should Be Based On Corresponding Date In Following Month: Kerala HC

Live Law

The Kerala High Court held that irrespective of the number of days in a month or months, the expiration of one month should be determined by identifying the corresponding date in the following month. The Court clarified that if period of a month starts on January 15, one month would expire on February 15 even if this results in a …

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GNLU's 2nd Annual Arbitration Week: 4-day Commercial Arbitration Course And Conference [Register By 19th March]

1 week, 5 days ago

GNLU's 2nd Annual Arbitration Week: 4-day Commercial Arbitration Course And Conference [Register By 19th March]

Live Law

Gujarat National Law University Centre for Alternative Dispute Resolution has announced Second Annual Arbitration Week, featuring an intensive 4-day Commercial Arbitration Course and Conference at Gujarat National Law University, Gandhinagar, from March 24 to March 28, 2025. The cornerstone of the program is the comprehensive 4-day Commercial Arbitration Certificate Course focussing on practical aspects of commercial arbitration. Led by partners …

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Arbitration Clause In Invoices Can Be Binding On Parties When They Acted Upon The Invoices And No Objections Were Raised: Bombay HC

2 weeks, 2 days ago

Arbitration Clause In Invoices Can Be Binding On Parties When They Acted Upon The Invoices And No Objections Were Raised: Bombay HC

Live Law

The Bombay High Court bench of Justice Somasekhar Sundaresan has observed that where the correspondence between the parties included invoices which contained an arbitration clause and the parties acted upon those invoices without protesting, then it could be deemed that the party had accepted the arbitration clause. Contentions The Counsel for the Petitioner submitted that the arbitration agreement is contained …

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

2 weeks, 3 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 …

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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

2 weeks, 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 …

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Approved Resolution Plan Cannot Be Reopened For Belatedly Agitated Claims: NCLAT

2 weeks, 6 days ago

Approved Resolution Plan Cannot Be Reopened For Belatedly Agitated Claims: NCLAT

Live Law

The National Company Law Appellate Tribunal, Principal Bench, New Delhi comprising of Justice Ashok Bhushan, Barun Mitra and Arun Baroka, dismissed a set of four appeals filed under Section 61 of Insolvency and Bankruptcy Code 2016 stating that the appellants had failed to exercise due diligence on protecting their rights with the prescribed timelines. NCLAT Judgement The National Company Law …

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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 …

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Operational Creditors Cannot Question Approval Of Resolution Plan That Provides Them With More Than Liquidation Value: NCLAT

3 weeks, 2 days ago

Operational Creditors Cannot Question Approval Of Resolution Plan That Provides Them With More Than Liquidation Value: NCLAT

Live Law

The National Company Law Appellate Tribunal New Delhi bench of Justice Ashok Bhushan, Mr. Barun Mitra and Mr. Arun Baroka that Resolution Plan approved by the Adjudicating Authority cannot be questioned by the Operational Creditors when they were provided more than the liquidation value under the Plan as per section 30 of the Insolvency and Bankruptcy Code, 2016. Contentions: The …

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Original Side Rules On Accepting Counterclaim & Reply Need Amending Due To Rigidity Of S.18 Of Commercial Courts Act: Calcutta HC Frames Guidelines

3 weeks, 2 days ago

Original Side Rules On Accepting Counterclaim & Reply Need Amending Due To Rigidity Of S.18 Of Commercial Courts Act: Calcutta HC Frames Guidelines

Live Law

The Calcutta High Court has held that the court's original side rules on accepting of plaint and counterclaim need to be amended due to the rigidity of Section 18 of the Commercial Courts act. While serving the notice with copy of the Counter-claim on the plaintiff, it shall be ensured that the copies of all documents relied by the Defendant …

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

3 weeks, 3 days ago

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

Live Law

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

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Time Spent Before 'Wrong' Court Excluded U/S 14 Of Limitation Act While Calculating Limitation Period U/S 34 Of Arbitration Act: Delhi High Court

3 weeks, 3 days ago

Time Spent Before 'Wrong' Court Excluded U/S 14 Of Limitation Act While Calculating Limitation Period U/S 34 Of Arbitration Act: Delhi High Court

Live Law

The Delhi High Court Bench of Justice Dharmesh Sharma has held that during the calculation of the limitation period of three months for the application under Section 34 of the Act, the time during which the applicant was prosecuting such application before the wrong court is excluded. Brief Facts of the case: The appellant has filed an appeal under Section …

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[Arbitration Act] Pre-Referral Jurisdiction Of Court U/S 11(6) Includes Inquiry On Whether Claims Are Ex-Facie & Hopelessly Time Barred: Calcutta HC

3 weeks, 6 days ago

[Arbitration Act] Pre-Referral Jurisdiction Of Court U/S 11(6) Includes Inquiry On Whether Claims Are Ex-Facie & Hopelessly Time Barred: Calcutta HC

Live Law

The Calcutta High Court Bench of Justice Shampa Sarkar has held that while the scope of adjudication by referral court is limited and entails a mere examination of whether the arbitration agreement exists or not, the referral court is not precluded from examining whether the claim is deadwood or ex facie barred. As per the decision of the Apex Court …

Arbitration Court Limitation Limited Claim Respondents Three Years

Order Approving Resolution Plan Passed Beyond 330 Days Cannot Be Questioned When Application Seeking Approval Was Filed Within CIRP Period: NCLAT

4 weeks ago

Order Approving Resolution Plan Passed Beyond 330 Days Cannot Be Questioned When Application Seeking Approval Was Filed Within CIRP Period: NCLAT

Live Law

The National Company Law Appellate Tribunal New Delhi bench of Justice Ashok Bhushan and Mr. Barun Mitra has held that when an order approving the Resolution Plan is passed by the Adjudicating Authority after expiry of 330 days but the application seeking approval was filed within the stipulated time period, it cannot be said the plan was approved after the …

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Judgment Allowing Govt Employees To Claim Increment Earned A Day Before Retirement Applies Prospectively To Third Parties : Supreme Court Clarifies

1 month ago

Judgment Allowing Govt Employees To Claim Increment Earned A Day Before Retirement Applies Prospectively To Third Parties : Supreme Court Clarifies

Live Law

The Supreme Court recently confirmed its interim clarifications made with respect to its decision The Director KPTCL & Others vs CP Mundinamani, which held that government employees are entitled to the increment which they earned on the previous day of their retirement.The Court clarified that the judgment in CP Mundinamani will apply to third parties from the date of. The …

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Limitation Period For Filing Appeal U/S 61 Of IBC Commences From Date Of Order, Not From Date Of Its Receipt: NCLAT

1 month ago

Limitation Period For Filing Appeal U/S 61 Of IBC Commences From Date Of Order, Not From Date Of Its Receipt: NCLAT

Live Law

The National Company Law Appellate Tribunal New Delhi bench of Justice Ashok Bhushan, Mr. Barun Mitra and Mr. Arun Baroka has held that the limitation period for filing an appeal under section 61 of the Insolvency and Bankruptcy Code, 2016 shall commence from the date of passing of the order and not from the date when a copy of the …

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Delhi High Court Dismisses Challenge Against Arbitral Award Rejecting Counterclaim For Failure To Raise Timely Objections On Quality Of Goods

1 month ago

Delhi High Court Dismisses Challenge Against Arbitral Award Rejecting Counterclaim For Failure To Raise Timely Objections On Quality Of Goods

Live Law

The Delhi High Court bench of Justice Manoj Kumar Ohri has upheld an Arbitral award stating that objections regarding the quality of goods must be raised within a reasonable time as per section 42 of the Sale of Goods Act, 1930. The Arbitral Tribunal had noted that the goods were supplied on 12.06.2019; however the petitioner raised objections for the …

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[Arbitration Act] Referral Courts Can't Indulge In Enquiry Into Whether Claims Are Time-Barred: Calcutta High Court

1 month, 1 week ago

[Arbitration Act] Referral Courts Can't Indulge In Enquiry Into Whether Claims Are Time-Barred: Calcutta High Court

Live Law

The Calcutta High Court bench of Justice Shampa Sarkar has held that in an application under section 11 of the Arbitration and Conciliation Act, 996, it would not be proper for the referral court to indulge in an intricate evidentiary enquiry into the question of whether the claims raised by the petitioner were time-barred or not. Background Facts Kalpataru Projects …

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Arbitration Weekly Round-Up [10th February-16th February]

1 month, 1 week ago

Arbitration Weekly Round-Up [10th February-16th February]

Live Law

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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, 1 week 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 …

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Section 36 Of Arbitration Act As Amended Applies To Pre-Amendment S.34 Applications: Allahabad High Court Reiterates

1 month, 2 weeks ago

Section 36 Of Arbitration Act As Amended Applies To Pre-Amendment S.34 Applications: Allahabad High Court Reiterates

Live Law

The Allahabad High Court bench of Justice Piyush Agrawal, placing reliance upon the judgment of the Supreme Court in Board of Control for Cricket in India vs. Kochi Cricket Private Limited & Others, held that the amended Section 36 of the Arbitration and Conciliation Act, 1996 applies prospectively to court proceedings initiated on or after the date of commencement of …

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Limitation For Appeal U/S 37 Of Arbitration Act Is Governed By Article 116 Of Limitation Act, Delay Not To Be Condoned In Mechanical Manner: Bombay HC

1 month, 2 weeks ago

Limitation For Appeal U/S 37 Of Arbitration Act Is Governed By Article 116 Of Limitation Act, Delay Not To Be Condoned In Mechanical Manner: Bombay HC

Live Law

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the delay in filing an appeal under section 37 of the Arbitration and Conciliation Act,1996 should not be condoned in a mechanical manner as it would defeat the very objective of the Arbitration Act which is to provide a speedy resolution of disputes. It also held that as …

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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 …

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1-Year LL.M. | Supreme Court Asks BCI To Hold Stakeholder Meeting On Concerns About 1-Year Teaching Requirement To Accept 1-Yr LL.M

1 month, 2 weeks ago

1-Year LL.M. | Supreme Court Asks BCI To Hold Stakeholder Meeting On Concerns About 1-Year Teaching Requirement To Accept 1-Yr LL.M

Live Law

In the pleas challenging Bar Council of India's decision to scrap one-year LL.M. degrees, the Supreme Court today suggested that a meeting of all stakeholders be convened to work towards resolution of issues - including the requirement of 1 year teaching experience for 1-year LL.M. A bench of Justices KV Viswanathan and N Kotiswar Singh heard the matter and noted …

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S.107 CGST Act Prescribes Independent Regime Of Limitation For Filing Appeals, Application Of S.5 Limitation Act Stands Excluded: Delhi HC

1 month, 2 weeks ago

S.107 CGST Act Prescribes Independent Regime Of Limitation For Filing Appeals, Application Of S.5 Limitation Act Stands Excluded: Delhi HC

Live Law

The Delhi High Court has held that since Section 107 of the Central Goods and Services Tax Act, 2017 prescribes an “independent regime” to determine the limitation period for filing statutory appeals, the provision for condonation of delay under Section 5 of the Limitation Act stands excluded. Once it is found that the legislation incorporates a provision which creates a …

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Mediation Time Period Can Be Excluded While Computing Limitation For Filing Written Statement: Delhi High Court

1 month, 2 weeks ago

Mediation Time Period Can Be Excluded While Computing Limitation For Filing Written Statement: Delhi High Court

Live Law

The Delhi High Court has observed that the time spent during the mediation process can be excluded while calculating the limitation period for filing a written statement under the Delhi High Court Rules, 2018. The Joint Registrar however dismissed their applications for condonation of delay on the ground that the written statements were filed beyond the period prescribed in CPC …

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Execution Proceedings Can't Be Quashed Solely Due To Non-Supply Of Signed Arbitral Award: Chhattisgarh High Court

1 month, 2 weeks ago

Execution Proceedings Can't Be Quashed Solely Due To Non-Supply Of Signed Arbitral Award: Chhattisgarh High Court

Live Law

The Chhattisgarh High Court bench of Justice Rakesh Mohan Pandey has held that non-supply of the signed arbitral award may be a ground for setting aside an award, but on this ground alone, the execution proceedings cannot be quashed. The respondent Bank filed an application for execution under Section 36 of the Arbitration and Conciliation Act, 1996 read with Order …

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Arbitration Monthly Digest: January 2025

1 month, 3 weeks ago

Arbitration Monthly Digest: January 2025

Live Law

Supreme Court High Court's Interference Under Article 226/227 Permissible Only If Arbitral Tribunal's Order Is Patently Perverse : Supreme Court Case Title: SEROSOFT SOLUTIONS PVT. Case Title: Sri Sathe Infracon Private Limited v. M/s Rudranee Infrastructure Ltd. & another Citation: 2025 LiveLaw 36 The Bombay High Court bench of Justice R. M. Joshi has held that compliance with Section 21 …

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Construction Of Terms Of Contract Must Be Primarily Decided By Arbitrator, Not Court U/S 34 Of Arbitration Act: Delhi High Court

1 month, 3 weeks ago

Construction Of Terms Of Contract Must Be Primarily Decided By Arbitrator, Not Court U/S 34 Of Arbitration Act: Delhi High Court

Live Law

The Delhi High Court bench of Justice Dinesh Kumar Sharma has held that Construction of the terms of the contract is primarily for the arbitrator to decide, unless it is found that such a construction is not at all possible. It is the case of the petitioner that the Supreme Court in 'ONGC v. Afcons Gunanusa JV' held that unilateral …

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[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, 3 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 …

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Supreme Court Reiterates Narrow Scope Of Interference Under Section 37 Arbitration Act

1 month, 3 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 …

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

1 month, 4 weeks ago

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

Live Law

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

India Arbitration Emergency Court Courts 2024 Tribunal

IBC | For Resolution Plan Involving Combination, Prior Approval Of Competition Commission Mandatory Before CoC Examination : Supreme Court

Trending News

1 month, 4 weeks ago

IBC | For Resolution Plan Involving Combination, Prior Approval Of Competition Commission Mandatory Before CoC Examination : Supreme Court

Live Law

The Supreme Court on January 29, by 2:1 majority, observed that a resolution plan under the Insolvency and Bankruptcy Code, containing a proposed combination, should only be placed before the Committee of Creditors, after it has been approved by the Competition Commission of India. This proviso talks about the approval of the resolution plan and its proviso reads as: “Provided …

Supreme Court Court Resolution Competition Resolution Plan Plan Approval

Arbitration Cases Weekly Round-Up [20th January-26th January 2025]

2 months ago

Arbitration Cases Weekly Round-Up [20th January-26th January 2025]

Live Law

Supreme Court Case Detail : M/S R.S. High Courts Bombay High Court Case Title: Health Care, Medical & General Stores Versus Amulya Investment,Through Proprietor Mr. Sameer G. Narvekar Citation: 2025 LiveLaw 23 The Bombay High Court bench of Justices A.S. Chandurkar and Rajesh S. Patil has held that service of a signed copy of an award on an employee of …

Justice Supreme Court Arbitration Constitution Court Exceptional Circumstances Title

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

2 months 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 …

Jurisdiction Court Tribunal Executive Director Executive Petitioner Arbitrator

Double Payment For Same Claim Violates Public Policy U/S 34 Of Arbitration Act: Karnataka High Court

2 months ago

Double Payment For Same Claim Violates Public Policy U/S 34 Of Arbitration Act: Karnataka High Court

Live Law

The Karnataka High Court Bench of Chief Justice N. V. Anjaria and Justice K. V. Aravind held that the issue of double payment for the same claim would undoubtedly be in direct conflict with the Public Policy of India and would violate the Fundamental Policy of Indian Law, as well as the basic principles of morality and justice. Additionally, the …

Court Respondent Act Claim Section 34 Of The Act Section 37 Of The Act Double Payment

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 …

Arbitration Dispute Court Settlement Applicant Respondent Notice

Time Spent To Defend Reassessment Notice Issued Without Following Procedure Doesn't Extend Limitation For Revenue When Issuing Fresh Notice: Delhi HC

2 months ago

Time Spent To Defend Reassessment Notice Issued Without Following Procedure Doesn't Extend Limitation For Revenue When Issuing Fresh Notice: Delhi HC

Live Law

The Delhi High Court has held that if the Revenue issues a reassessment notice to an assessee under Section 148 of the Income Tax Act, 1961 without following due procedure, it cannot later issue fresh reassessment notice beyond the prescribed period, claiming that time spent on earlier litigation is to be excluded for the purposes of computing limitation. A division …

Court Limitation Revenue Period Section 148 Notice Issued

When Counter-Claim Is Related To Primary Dispute, It Can Be Filed Before Tribunal U/S 23 Of Arbitration Act: Delhi High Court

2 months ago

When Counter-Claim Is Related To Primary Dispute, It Can Be Filed Before Tribunal U/S 23 Of Arbitration Act: Delhi High Court

Live Law

The Delhi High Court bench of Justice Manoj Jain has held that while any counter-claim may relate to a different cause of action, it can still stem from a primary dispute between the parties. For all purposes, the court observed that the counter-claim in this case was, directly or indirectly, related to the primary dispute between the parties and the …

Dispute Court Held Arbitrator Sole Arbitrator Claimant Primary Dispute

Delay Beyond 15 Days In Filing Appeal Cannot Be Condoned As Per Proviso To Section 61(2) Of IBC: NCLAT

2 months ago

Delay Beyond 15 Days In Filing Appeal Cannot Be Condoned As Per Proviso To Section 61(2) Of IBC: NCLAT

Live Law

The NCLAT New Delhi bench of Justice Ashok Bhushan, Mr. Barun Mita and Mr. Arun Baroka has held that delay in filing an appeal beyond 15 days as per section 61 proviso of the Insolvency and Bankruptcy Code cannot be condoned. The appellant submitted that the appeal has been filed within a period of limitation that is within 45 days …

Appeal Limitation Period 15 Days

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

2 months 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 …

Jurisdiction Court Statement Tribunal Respondent Arbitral Its Statement

Period Of Moratorium U/S 101 Of IBC Cannot Be Extended Beyond 180 Days: NCLAT

2 months ago

Period Of Moratorium U/S 101 Of IBC Cannot Be Extended Beyond 180 Days: NCLAT

Live Law

The NCLAT New Delhi bench of Justice Ashok Bhushan, Mr. Barun Mita and Mr. Arun Baroka has held that the period of moratorium beyond 180 days as provided under section 101 of the IBC cannot be extended. It further held that “when the statutory scheme is clear and unambiguous, there is no role of any interpretive process to find out …

Tribunal Held Period Code Moratorium Authority Extended

Rahul Gandhi defamation case: Hearing deferred again due to lawyers' strike

2 months, 1 week ago

Rahul Gandhi defamation case: Hearing deferred again due to lawyers' strike

The Hindu

The hearing in the defamation case against Congress MP Rahul Gandhi was adjourned again due to the continuing strike of lawyers. Plaintiff Vijay Mishra's counsel Santosh Kumar Pandey said the special MP-MLA judge Shubham Verma set January 30 as the next date of hearing to complete the cross-examination in the case. Mr. Mishra, a local BJP politician, filed a defamation …

Court Gandhi

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

2 months, 1 week 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 …

Arbitration Evidence Court Exceptional Circumstances Application Act Allowed