"Maintainability" And "Jurisdiction" Cannot Be Conflated While Deciding Application U/S 20 Of Arbitration Act, 1940: Bombay HC
3 months, 4 weeks ago

"Maintainability" And "Jurisdiction" Cannot Be Conflated While Deciding Application U/S 20 Of Arbitration Act, 1940: Bombay HC

Live Law  

The Bombay High Court bench of Justice Amit Borkar has held that maintainability and jurisdiction cannot be used interchangeably as they connote different things. 321 of 2000 filed under Section 20 of the Arbitration Act, 1940, wherein it was held that the Court had no jurisdiction to entertain the application. This order was challenged by the respondent before the ADJ who heard the matter and set aside the injunction order on the ground that the learned civil judge is not a court within the meaning of section 2 of the Arbitration Act therefore it has no jurisdiction.However, the applicant was allowed to file appropriate application. A Civil Miscellaneous Application was filed by the Applicant under section 20 of the Arbitration Act, 1940 which was dismissed by the learned Civil Judge by the impugned order on the ground that it lacked jurisdiction to entertain the application. However, while recording its findings,it came to the conclusion that “the proceeding was not maintainable due to the inapplicability of Section 20 of the Arbitration Act, 1940.” It further observed that “this approach demonstrates a fundamental misunderstanding of the distinction between jurisdiction and maintainability.” The court further observed that the admission of the respondents before the Supreme Court assumes significance in light of section 85 of the Arbitration Act of 1996 which saves proceedings initiated under the old Act before the commencement of the New Act.

Arbitration Jurisdiction Court Civil Application Order Respondent No Proceedings Act Observed Maintainability 1940 Civil Miscellaneous Application Section 20 Of The Arbitration Act  proceedings  application  jurisdiction  conflated  1940  deciding  civil  bombay  arbitration  act  maintainability  order  20  court  hc  observed

History of this topic

Arbitration Agreement Valid Without Specifying 'Applicable Law', 'Seat' Or 'Venue' If Intent To Refer Dispute To Private Tribunal Is Clear: Calcutta HC
3 weeks, 1 day ago

Arbitration Agreement Valid Without Specifying 'Applicable Law', 'Seat' Or 'Venue' If Intent To Refer Dispute To Private Tribunal Is Clear: Calcutta HC

Live Law  

The Calcutta High Court bench of Justice Shampa Sarkar has held that for an arbitration agreement to be binding, neither the applicable law nor the seat or venue needs to be mentioned. Observations The court noted that the arbitration clause provided that if the parties were unable to resolve the disputes mutually, the disputes shall be referred to the Vice …

Court At Designated Venue In Arbitration Agreement Can Entertain Application U/S 11 Of Arbitration Act: Bombay High Court
1 month, 2 weeks ago

Court At Designated Venue In Arbitration Agreement Can Entertain Application U/S 11 Of Arbitration Act: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the court having supervisory over designated venue of the Arbitration proceedings would have jurisdiction to entertain application under section 11 of the Arbitration and Conciliation Act, 1996 in absence of any contrary indicia indicating any other place to be the seat of arbitration. Observations: The court rejected the …

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 …

Appeal In Commercial Dispute Arising From Arbitration Act Must Be Filed Before Commercial Appellate Court, Not HC: Orissa High Court
2 months ago

Appeal In Commercial Dispute Arising From Arbitration Act Must Be Filed Before Commercial Appellate Court, Not HC: Orissa High Court

Live Law  

The Orissa High Court bench of Justice S.K. Panigrahi has held that a plain reading of Sections 6 and 10 of the Commercial Courts Act, 2015, leads to the conclusion that the appropriate 'court' to consider a commercial dispute, even if it arises under the Arbitration and Conciliation Act, would be the commercial court and an appeal would, therefore, lie …

[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 …

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

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

Live Law  

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

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

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

Live Law  

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

Arbitration Cases Annual Digest 2024
2 months, 4 weeks ago

Arbitration Cases Annual Digest 2024

Live Law  

Supreme Court Supreme Court Issues Notice On Plea Challenging Validity Of Section 3G Of National Highways Act Case Title: B.D. High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case Title: CHIEF ENGINEER PWD VERSUS M/S BSC & C and C JV Citation : 2024 LiveLaw 425 …

Arbitration Cases Quarterly Digest: October To December 2024
Trending News
3 months ago

Arbitration Cases Quarterly Digest: October To December 2024

Live Law  

Supreme Court Case Title: R.P. Agreement Between Parties Must Be Given Primacy When Deciding Petition U/S 9 Of Arbitration Act: Delhi High Court Case Title: M/S INNOVATIVE FACILITY SOLUTIONS PVT LTD v. M/S AFFORDABLE INFRASTRUCTURE Citation: 2024 LiveLaw 1192 The Delhi High Court Bench of Mr. Justice Jasmeet Singh held that the role of the court under section 9 of …

Monthly Digest Of Arbitration Cases: December 2024
3 months ago

Monthly Digest Of Arbitration Cases: December 2024

Live Law  

Supreme Court Case : Kirpal Singh Vs Government Of India Citation : 2024 LiveLaw 970 The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996. Case Title: M/S GRANDSLAM DEVELOPERS PVT LTD v. AKSHAY GANDHI PROPRIETOR OF PRAXIS DESIGN SOLUTIONS Citation: 2024 LiveLaw 1351 The Delhi High 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, 2 weeks 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 …

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

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

Live Law  

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

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, 4 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 …

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC
Trending News
4 months, 2 weeks 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 …

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.” …

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, 1 week 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 …

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 …

Arbitration Agreement Valid Even If It Refers To Arbitration Act, 1940 As Applicable Law: Karnataka High Court
1 year, 1 month ago

Arbitration Agreement Valid Even If It Refers To Arbitration Act, 1940 As Applicable Law: Karnataka High Court

Live Law  

The Karnataka High Court single bench of Justice HP Sandesh held that even if an arbitration agreement erroneously refers to the 1940 Act after the enactment of the 1996 Act, it does not render the agreement invalid. The arbitration clause is reproduced below: “Clause VII – All disputes, differences and or claims arising out of this Hire Purchase Agreement shall …

Exclusive Supervisory Jurisdiction Granted To Court Receiving First Application Under Arbitration Act, Bombay HC Limits Territorial Jurisdiction
1 year, 1 month ago

Exclusive Supervisory Jurisdiction Granted To Court Receiving First Application Under Arbitration Act, Bombay HC Limits Territorial Jurisdiction

Live Law  

The Bombay High Court bench comprising Justice Neela Gokhale held that in cases where an application has been made in a court concerning an arbitration agreement, that court alone possesses jurisdiction over an application for appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. Aggrieved by the same, the Petitioner filed a petition under Section 11 …

Calcutta High Court Annual Arbitration Law Digest 2023
1 year, 2 months ago

Calcutta High Court Annual Arbitration Law Digest 2023

Live Law  

Order Of Emergency Arbitrator In Foreign Seated Arbitration, Can Be Considered While Dealing With Section 9 Application: Calcutta High CourtCase Title: Uphealth Holdings Inc versus Glocal Healthcare Systems Pvt. Pendency Of Conciliation Proceedings Before Facilitation Council Under MSMED Act Doesn't Debar The Court From Appointing Arbitrator Under S. 11 Of Arbitration Act: Calcutta High Court Case Title: Essar Oil and …

Supreme Court Judgements On Arbitration In 2023
1 year, 3 months ago

Supreme Court Judgements On Arbitration In 2023

Live Law  

Starting Point Of Limitation U/ Section 34 Arbitration Act In Cases Of Suo Motu Correction Of Award: Supreme Court Explains The Supreme Court observed that the starting point for the limitation under Section 34 Arbitration and Conciliation Act, in case of suo moto correction of the award, would be the date on which the correction was made and the corrected …

Top 10 Arbitration Judgments [January To September 2023]
1 year, 5 months ago

Top 10 Arbitration Judgments [January To September 2023]

Live Law  

In recent times, several noteworthy judgments have been rendered by the Indian Courts in matters relating to the law of arbitration in India. Prior to the 2019 amendment, Section 34 of the Arbitration Act read that "an arbitral award could be set aside by the Court only if the the party making the application furnishes proof…". In conclusion, the Supreme …

Application For Removal Of Arbitrator Must Be Made Before Same ‘Court’ As Envisaged In s.2 (i) (e) & s.42 Of Arbitration Act: Calcutta High Court
1 year, 7 months ago

Application For Removal Of Arbitrator Must Be Made Before Same ‘Court’ As Envisaged In s.2 (i) (e) & s.42 Of Arbitration Act: Calcutta High Court

Live Law  

The Calcutta High Court recently dismissed an application filed by M/S Gammon Engineers and Contractors Private Limited u/s 11, 14 and 15 of the Arbitration and Conciliation Act, 1996, for removal of arbitrator while challenging their unilateral appointment. Therefore, the bar under Section 42 would lie and all applications to be made to a ‘court’ must be made to the …

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 …

Clause Captioned As “Arbitration”, Doesn’t Conclusively Imply Mandatory Nature Of Arbitration: Bombay High Court
2 years ago

Clause Captioned As “Arbitration”, Doesn’t Conclusively Imply Mandatory Nature Of Arbitration: Bombay High Court

Live Law  

The Bombay High Court has ruled that the use of the word ‘can’ in the relevant clause has the effect of qualifying Arbitration as a mode of settlement, and the mere fact that a particular clause is captioned as “Arbitration”, does not conclusively imply the mandatory nature of arbitration when the option is left to the parties to settle their …

Arbitration Clause Has To Be Given Effect Even If It Does Not Expressly State That Decision Of Arbitrator Is Final & Binding On Parties: Supreme Court
2 years, 6 months ago

Arbitration Clause Has To Be Given Effect Even If It Does Not Expressly State That Decision Of Arbitrator Is Final & Binding On Parties: Supreme Court

Live Law  

The Supreme Court observed that an arbitration clause has to be given effect even if it does not expressly state that the decision of the arbitrator will be final and binding on the parties.The deficiency of words in agreement which otherwise fortifies the intention of the parties to arbitrate their disputes, cannot legitimise the annulment of arbitration clause, the. The …

Can't Maintain Proceedings U/S 34 Arbitration Act Before Two Fora: Gujarat High Court
2 years, 8 months ago

Can't Maintain Proceedings U/S 34 Arbitration Act Before Two Fora: Gujarat High Court

Live Law  

The Gujarat High Court, while dismissing the Civil Application of the Petitioner which challenged the award of the relevant arbitration, has observed that the Petitioner had 'conveniently' initiated two proceedings- one before the instant Bench and another before the District Court under Sec 34. The brief facts of the case were that the Petitioner had challenged the order of the …

Invocation Of Arbitration Has To Be In Clear Terms; Merely Stating Claims Would Not Suffice: Bombay High Court
2 years, 8 months ago

Invocation Of Arbitration Has To Be In Clear Terms; Merely Stating Claims Would Not Suffice: Bombay High Court

Live Law  

The Bombay High Court has ruled that invocation of arbitration has to be in clear terms, as specified in Section 21 of the Arbitration and Conciliation Act, 1996, and that a mere reference to the claims and disputes sought to be raised by a party, and the existence of an arbitration clause, would not itself mean that arbitration has been …

Place Designated As The "Venue" Of Arbitration In Its Entirety, Is The "Seat" Of Arbitration: Bombay High Court
2 years, 8 months ago

Place Designated As The "Venue" Of Arbitration In Its Entirety, Is The "Seat" Of Arbitration: Bombay High Court

Live Law  

The Bombay High Court has reiterated that whenever a place is designated as the "venue" of the arbitration proceedings in its entirety in an Arbitration Clause, the said place would necessarily be the "seat" of the arbitral proceedings. The respondent VLCC submitted before the High Court that as per the Arbitration Agreement between the parties, the arbitral proceedings are to …

Supreme Court Quarterly Digest 2022- ARBITRATION (Jan - Mar)
2 years, 10 months ago

Supreme Court Quarterly Digest 2022- ARBITRATION (Jan - Mar)

Live Law  

Arbitration Act, 1940; Section 30, 33 - Scope of interference by courts - A Court does not sit in appeal over an Award passed by an Arbitrator and the only grounds on which it can be challenged are those that have been specified in Sections 30 and 33 of the Arbitration Act, namely, when there is an error on the …

Arbitration Award Can't Be Challenged In Different Jurisdiction Stating That There Was No Arbitration Agreement: Madhya Pradesh High Court
2 years, 11 months ago

Arbitration Award Can't Be Challenged In Different Jurisdiction Stating That There Was No Arbitration Agreement: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has ruled that even if a party disputes the existence of an arbitration agreement, an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award cannot be filed in a Court not having jurisdiction under the arbitration agreement, solely on the ground that cause of action arose within …

Court U/s 37 Arbitration Act Has No Jurisdiction To Remand The Matter To Same Arbitrator Unless Consented By Both Parties: Supreme Court
3 years, 1 month ago

Court U/s 37 Arbitration Act Has No Jurisdiction To Remand The Matter To Same Arbitrator Unless Consented By Both Parties: Supreme Court

Live Law  

The Supreme Court observed that a Court, under Section 37 of the Arbitration and Conciliation Act, has no jurisdiction to remand the matter to the same Arbitrator unless it is so consented by both the parties.The bench comprising Justices MR Shah and BV Nagarathna observed that only two options are available to the Court considering the appeal under Section 37 …

Jurisdiction Of High Court Hearing An Arbitration Appeal Is Distinct From That Of First Appellate Court In A Civil Suit: Supreme Court
3 years, 4 months ago

Jurisdiction Of High Court Hearing An Arbitration Appeal Is Distinct From That Of First Appellate Court In A Civil Suit: Supreme Court

Live Law  

The Supreme Court observed that the jurisdiction in a first appeal arising out of a decree in a civil suit is distinct from the jurisdiction of the High Court under Section 37 of the Arbitration and Conciliation Act arising from the disposal of a petition challenging an arbitral award.In this case, the arbitrator rejected the claims made by a party. …

Arbitration Reference Not Maintainable If Filed After Admission Of Insolvency Resolution Petition U/s 7 IBC: Supreme Court
4 years ago

Arbitration Reference Not Maintainable If Filed After Admission Of Insolvency Resolution Petition U/s 7 IBC: Supreme Court

Live Law  

The Supreme Court observed that in any proceeding which is pending before the Adjudicating Authority under Section 7 of Insolvency and Bankruptcy Code, if such petition is admitted upon the Adjudicating Authority recording the satisfaction with regard to the default and the debt being due from the corporate debtor, any application seeking reference to arbitration. The Supreme Court observed that …

[Domestic Arbitrations] Settled That When Party Does Not Objection To Court's Territorial Jurisdiction, It Is Deemed As Waived: Bombay High Court
4 years ago

[Domestic Arbitrations] Settled That When Party Does Not Objection To Court's Territorial Jurisdiction, It Is Deemed As Waived: Bombay High Court

Live Law  

The Bombay High Court on March 9, 2021 pronounced judgment on whether a person could raise objection to territorial jurisdiction of a Court under Section 42 of the Arbitration Act, 1996 at subsequent stages of proceedings, after initially submitting to litigation. Answering in the negative, Justice BP Colabawalla stated, ".it is now well settled that when an objection to the …

Arbitration Court Reckoner : January 2021
4 years, 1 month ago

Arbitration Court Reckoner : January 2021

Live Law  

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of January 2021 under the Arbitration & Conciliation Act, 1996. Merely because the Section 9 proceedings entails disputed facts does not lead to dismissal of a Section 9 application/petition In Luxe Passion Private Limited v Freedom Roost, …

Arbitration Court Reckoner: September 2020
4 years, 5 months ago

Arbitration Court Reckoner: September 2020

Live Law  

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of September 2020 under the Arbitration & Conciliation Act, 1996. Chaitanya Construction Company v Delhi Jal Board High Court of Delhi took note of the fact that S. 7 of the Act itself provides that the arbitration …

Arbitration Court Reckoner : August 2020
4 years, 6 months ago

Arbitration Court Reckoner : August 2020

Live Law  

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of August 2020 under the Arbitration & Conciliation Act, 1996. Test of Emergent Necessity for grant of relief under S. 9 In Avantha Holdings Ltd. v Vistra ITC India Ltd. High Court of Delhi held that the …

Issue Of Limitation Not To Be Examined While Considering Application Seeking Appointment Of Arbitrator: SC [Read Judgment]
5 years, 4 months ago

Issue Of Limitation Not To Be Examined While Considering Application Seeking Appointment Of Arbitrator: SC [Read Judgment]

Live Law  

The Supreme Court has observed that, while considering an application under Section 11 of the Arbitration and Conciliation Act seeking appointment of an arbitrator, scope of examination by the Court is to be confined only to the existence of the arbitration agreement and nothing more..Once the existence of the arbitration agreement is not disputed, all issues, including jurisdictional. The Supreme …

Incorrect Reference Regarding Applicability Of Indian Arbitration Act, 1940 Wouldn’t Render Entire Arbitration Agreement Invalid: SC [Read Judgment]
6 years, 10 months ago

Incorrect Reference Regarding Applicability Of Indian Arbitration Act, 1940 Wouldn’t Render Entire Arbitration Agreement Invalid: SC [Read Judgment]

Live Law  

Any reference to 1940 Act in the arbitration agreement would be of no consequence and the matter would be referred to arbitration only in terms of 1996 Act consistent with the basic intent of the parties as discernible from the arbitration agreement to refer the disputes to arbitrationSetting aside, what it termed as a ‘completely erroneous’ order, the Supreme Court …

SC Larger Bench To Decide Basis And Principle To Decide the Place Of ‘Seat’ of Arbitration [Read Judgment]
6 years, 10 months ago

SC Larger Bench To Decide Basis And Principle To Decide the Place Of ‘Seat’ of Arbitration [Read Judgment]

Live Law  

The Supreme Court, in Union of India vs. Hardy Exploration and Production, has referred the question as to when the arbitration agreement specifies the “venue” for holding the arbitration sittings by the arbitrators but does not specify the “seat”, then on what basis and by which principle, the parties have to decide the place of “seat” which has a material …

Mere choosing of the juridical seat of Arbitration attracts the law applicable to such location: Supreme Court [Read Judgment]
8 years, 10 months ago

Mere choosing of the juridical seat of Arbitration attracts the law applicable to such location: Supreme Court [Read Judgment]

Live Law  

Where the parties choose a juridical seat of Arbitration outside India and provide that the law which governs Arbitration will be a law other than Indian law, Part I of the Act would not have any application and, therefore, the award debtor would not be entitled to challenge the award by raising objections under Section 34 before a Court in …

Significant Judgments On Arbitration And Conciliation Act, 1996 [May 2020 To July 2020]
28 years, 10 months ago

Significant Judgments On Arbitration And Conciliation Act, 1996 [May 2020 To July 2020]

Live Law  

Introduction The Arbitration and Conciliation Act, 1996 has been enacted in order to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation. With regard to applicability of Section 11 of the Arbitration Act to the facts of the instant case, the Delhi …

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