Limited Scope Of Interference With An International Commercial Arbitration: Delhi HC [Read Judgment]
4 years, 11 months ago

Limited Scope Of Interference With An International Commercial Arbitration: Delhi HC [Read Judgment]

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In a significant ruling while discussing the scope of judicial interference with awards of an international commercial arbitration, the Delhi High Court on Tuesday dismissed a German manufacturer's claim for damages against BHEL, India. "the scope of interference for International Commercial Arbitration, in India, subsequent to the amendment of Section 34 of the Act, has been narrowed down and even patent illegality is no longer a ground available to challenge International Commercial Award passed in India," the single-Judge bench of Justice Sanjeev Narula held. Holding that under Section 44 of the Act, a conditional offer of delivery is not suffice, the court said, "…in view of Respondent's refusal and unwillingness to accept the goods, Petitioner could have dispatched the goods and sent them to Respondent's office, without first insisting on a formal expression of readiness to accept the goods and indication of the address where the goods were to be sent." The court concurred with BHEL that in order to absolutely establish its claim for damages, the manufacturer ought to have complied with the conditions stipulated under Clause 25, and ought to have first shipped the goods to Mumbai/Haridwar.

India Court Order Tribunal German Goods Claim Award Read Reliance Petitioner Damages Bhel Pfa Clause Manufacturer Its Claim Omp International Commercial Arbitration International Commercial Clause 25 Partial Final Award  claim  goods  international  commercial  court  limited  judgment  interference  clause  read  scope  damages  pfa  arbitration  manufacturer  delhi  order  petitioner  award  hc

History of this topic

Delhi High Court Reiterates Limited Scope Of Section 34 Of Arbitration & Conciliation Act
17 hours, 31 minutes ago

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

Live Law  

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

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

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

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma has observed that it is no longer res integra that while dealing with the objections under Section 34, a court does not sit in appeal over the arbitral award. The court observed that under Section 35, an award can be set aside only if the petitioner establishes that the parties …

If Remedy For Cause Of Action Falls Within Scope Of Arbitration Agreement, Counter Party Cannot Be Compelled To Defend It In A Suit: Delhi HC
3 weeks, 6 days ago

If Remedy For Cause Of Action Falls Within Scope Of Arbitration Agreement, Counter Party Cannot Be Compelled To Defend It In A Suit: Delhi HC

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The Delhi High Court Bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela held that the scope of examination in an application under Section 8 of the Act is limited to prima facie examining the validity and existence of the arbitration agreement. Once it is accepted that a valid arbitration agreement exists between the parties, the court …

Delhi High Court Sets Aside Claim Of Rs.15 Lakh Awarded By Arbitral Tribunal Due To Lack Of Evidence
1 month, 1 week ago

Delhi High Court Sets Aside Claim Of Rs.15 Lakh Awarded By Arbitral Tribunal Due To Lack Of Evidence

Live Law  

The Delhi High Court Bench of Justice Vibhu Bakhru and Justice Sachin Datta held that after persuading the Supreme Court to refer the disputes to arbitration, it is not open for the appellant to now question the validity of the reference. Thereafter, the appellant filed a suit seeking a decree of permanent injunction restraining the respondent from raising any illegal …

Delhi High Court Sets Aside Claim Of Rs.15 Lakh Awarded By Arbitral Tribunal Due To Lack Of Evidence
1 month, 1 week ago

Delhi High Court Sets Aside Claim Of Rs.15 Lakh Awarded By Arbitral Tribunal Due To Lack Of Evidence

Live Law  

The Delhi High Court Bench of Justice Vibhu Bakhru and Justice Sachin Datta held that after persuading the Supreme Court to refer the disputes to arbitration, it is not open for the appellant to now question the validity of the reference. Thereafter, the appellant filed a suit seeking a decree of permanent injunction restraining the respondent from raising any illegal …

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
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1 month, 1 week 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 …

Arbitral Award Without Rationale For Damages Is Ex Facie Contrary To Settled Law, Can Be Set Aside: Delhi High Court
2 months ago

Arbitral Award Without Rationale For Damages Is Ex Facie Contrary To Settled Law, Can Be Set Aside: Delhi High Court

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The Delhi High Court bench of Justice Sachin Datta has observed that any award of damages, on the touch stone of Section 73 of the Indian Contract Act, must be predicated on actual loss suffered. Observations: The court held that the impugned award did not warrant interference under section 34 of the Arbitration Act being predicated on a plausible interpretation …

Delhi High Court Verdict In Airports Authority Of India Case Is A Renewed Call To Uphold The Spirit Of The Arbitration Act
2 months ago

Delhi High Court Verdict In Airports Authority Of India Case Is A Renewed Call To Uphold The Spirit Of The Arbitration Act

Live Law  

Almost all weekend conferences on Arbitration- organized with the intent to promote India as a 'hub for arbitration'- witness stakeholders coming together to call for increased predictability vis-à-vis enforcement of arbitral awards. Amidst most courts favoring judicial interference, the recent decision of the single-judge bench of the Delhi High Court dated 18.10.2024 in Airports Authority of India versus Delhi International …

Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court
2 months ago

Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justices Rekha Palli and Saurabh Banerjee affirmed that the Court under section 37 of the Arbitration Act cannot undertake an independent assessment of the merits of the award, and must only ascertain that the exercise of power by the Court under Section 34 has not exceeded the scope of the provision Brief Facts The …

Competition Commission Of India Must Honour Outcome Of Mediation, Settlements Between Parties: Delhi High Court
4 months, 3 weeks ago

Competition Commission Of India Must Honour Outcome Of Mediation, Settlements Between Parties: Delhi High Court

Live Law  

The Delhi High Court has recently observed that the Competition Commission of India must honour the outcomes of mediation and respect the settlements reached between the parties. A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma said regulatory authorities such as the CCI are no exception to mediation process and settlements.“By doing so, they not only. …

Non-Signatories Can Be Included In Arbitration Beyond Group Company Ties: Delhi High Court
5 months, 3 weeks ago

Non-Signatories Can Be Included In Arbitration Beyond Group Company Ties: Delhi High Court

Live Law  

The Delhi High Court bench of Justice C. Hari Shankar has held the inclusion of a non-signatory in arbitral proceedings is not solely dependent on the non-signatory being part of the same group of companies as the signatory. Consequently, the Petitioner approached the High Court under Section 11 of the Arbitration Act and sought the court's intervention to appoint an …

Arbitral Tribunal Can Award Compensation For Breach If Contract Is Incapable Of Specific Performance: Delhi High Court
5 months, 4 weeks ago

Arbitral Tribunal Can Award Compensation For Breach If Contract Is Incapable Of Specific Performance: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju has held that the arbitral tribunal may exercise its power to award compensation for breach if a Contract has become incapable of specific performance. The Appellant's petition under Section 34 was dismissed, with the High Court noting that it cannot interfere with the arbitral tribunal's findings …

Arbitration Weekly Roundup: July 08 - July 14, 2024
5 months, 4 weeks ago

Arbitration Weekly Roundup: July 08 - July 14, 2024

Live Law  

Supreme Court Avoid Bulky Pleadings & Lengthy Submissions In Arbitration Appeals : Supreme Court To Advocates Case Title: Bombay Slum Redevelopment Corporation Private Limited Versus Samir Narain Bhojwani Citation : 2024 LiveLaw 445 Expressing displeasure over the filing of bulky and lengthy submissions in the arbitral proceedings, the Supreme Court on Monday called upon the Bar to urge only the …

Arbitration Cases Half Yearly Digest: January To June 2024
6 months, 1 week ago

Arbitration Cases Half Yearly Digest: January To June 2024

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Supreme Court 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 The Supreme Court held that a High Court which does not have original civil jurisdiction does not have …

Arbitration Weekly Round-Up: 15th April to 21st April 2024
8 months, 2 weeks ago

Arbitration Weekly Round-Up: 15th April to 21st April 2024

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High Courts Bombay High Court Can A Section 29A Application Be Filed In The Commercial Court Or Only In The High Court? An Award Issued By Unilaterally Appointed Arbitrator Can Be Contested For Invalidity Of Appointment, Even By The Appointing Party: Delhi High Court Case Title: Telecommunication Consultants India Ltd v. Shivaa Trading Citation: 2024 LiveLaw 471 The High Court …

Arbitrator Failed To Deal With Material Contentions, Arbitral Award Would Not Satisfy The Requirement Of A Reasoned Award: Delhi High Court
8 months, 3 weeks ago

Arbitrator Failed To Deal With Material Contentions, Arbitral Award Would Not Satisfy The Requirement Of A Reasoned Award: Delhi High Court

Live Law  

The High Court of Delhi has held that when the arbitral tribunal fails to deal with submissions of a party on a contentious issue, the resultant award would not fulfil the requirements of a reasoned award as required under Section 31 of the A&C Act. It held that the tribunal cannot simply accept unquantified claims without assigning reasons and without …

Arbitration Monthly Round-Up -March 2024
9 months, 1 week ago

Arbitration Monthly Round-Up -March 2024

Live Law  

Supreme Court Court May Refuse To Appoint Arbitral Tribunal If S.11 Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court Case Title: M/s Arif Azim Co. Ltd. Without Copy of Challenged Arbitral Award, Impossible To Consider Grounds To Set Aside Award: Delhi High Court Dismisses Section 34 Petition Case Title: Spml Infra Limited vs Ntpc …

Arbitration Weekly Round Up: 26th February to 3rd March 2024
10 months, 1 week ago

Arbitration Weekly Round Up: 26th February to 3rd March 2024

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Supreme Court Court May Refuse To Appoint Arbitral Tribunal If S.11 Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court Case Title: M/s Arif Azim Co. Ltd. The Delhi High Court single bench of Justice Sachin Datta held that the court under Section 27 of the Arbitration and Conciliation Act, 1996 cannot determine the admissibility, …

Arbitration Weekly Round Up: 3nd February to 11th February 2024
11 months ago

Arbitration Weekly Round Up: 3nd February to 11th February 2024

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Delhi High Court Delhi High Court Dismisses Writ Petition, Permits Petitioner To Avail Remedy Under S. 37 Of Arbitration Act Case Title: Shri Balaji Enterprises & Ors vs Reserve Bank Of India & Anr. 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 …

Arbitration Weekly Round-Up: 8th January-14th January 2024
11 months, 4 weeks ago

Arbitration Weekly Round-Up: 8th January-14th January 2024

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Delhi High Court Arbitral Tribunal Can Award Damages For Delay Attributable To Employer Even When The Agreement Provides For The Extension Of Time As The Only Remedy To The Contractor: Delhi High Court Case Title: MBL Infrastructure Ltd v. DMRC, OMP 311 of 2021. A Clause That Restricts The Right Of The Contractor To Seek Damages For Delay Attributable To …

Arbitration Weekly Round-Up: 27th November to 3rd December
1 year, 1 month ago

Arbitration Weekly Round-Up: 27th November to 3rd December

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Bombay High Court N.N. Court U/S 37 Of The A&C Act Can’t Undertake An Independent Assessment Of Arbitral Award,: Bombay High Court Case Title: Madgavkar Salvage v. Bergen Offshore Logistics Pvt Ltd, Comm. Taking into account the legal position, the case law on the subject and the particular facts in the present matter, the Court is accordingly of the view …

A Party Cannot Contest An Arbitral Award For Exceeding The Reference Scope If It Failed To Object When The Alleged Breach Initially Occurred: Delhi High Court
1 year, 1 month ago

A Party Cannot Contest An Arbitral Award For Exceeding The Reference Scope If It Failed To Object When The Alleged Breach Initially Occurred: Delhi High Court

Live Law  

The High Court of Delhi has held that a party cannot challenge an arbitral award on the ground that the tribunal went beyond the scope of reference when it admittedly did not raise any objection when the alleged breach was first committed by the tribunal. The Court held that supplies made prior to the date of the agreement would be …

Arbitration Monthly Round-Up: October 2023
1 year, 2 months ago

Arbitration Monthly Round-Up: October 2023

Live Law  

Supreme Court Arbitration | Awarding Claim For Loss Of Profit Without Substantial Evidence Is In Conflict With Public Policy Of India: Supreme Court Case Title: M/S UNIBROS v. ALL INDIA RADIO, ARISING OUT OF SLP NO. In allowing the plea for appointment of an arbitrator u/s 11 of the Act, a single-bench of Justice Moushumi Bhattacharya noted that “a turning …

Arbitration | Awarding Claim For Loss Of Profit Without Substantial Evidence Is In Conflict With Public Policy Of India: Supreme Court
1 year, 2 months ago

Arbitration | Awarding Claim For Loss Of Profit Without Substantial Evidence Is In Conflict With Public Policy Of India: Supreme Court

Live Law  

Recently, the Supreme Court, while rendering an arbitral award as patently illegal and being in conflict with the “public policy of India”, held that a claim for damages cannot as a matter of course result in an arbitral award without proof of the claimant having suffered injury. It is elementary, though it has to be restated, that a judicial decision …

Arbitrator Failed To Consider Document Based On Procedural Defects, Delhi High Court Sets Aside Award
1 year, 3 months ago

Arbitrator Failed To Consider Document Based On Procedural Defects, Delhi High Court Sets Aside Award

Live Law  

The High Court of Delhi has held that an arbitrator should not refuse to take on record any additional material evidence merely on the ground of certain procedural ground such as non-payment of costs by the party tendering such evidence. The bench of Justice Neena Bansal Krishna held that failure of the arbitrator to take on record important additional evidence …

Award On Damages Cannot Be Sustained Just On Penalty Clause In Agreement: Delhi High Court
1 year, 3 months ago

Award On Damages Cannot Be Sustained Just On Penalty Clause In Agreement: Delhi High Court

Live Law  

The Delhi High Court has held that an award of damages based on no evidence of loss cannot be sustained on the basis of a penalty clause in the agreement. The bench of Justices Vibhu Bakhru and Amit Mahajan held that mere presence of a clause providing for liquidated damages does not dispense with the requirement of proof of loss …

Top 10 Arbitration Judgments [January To September 2023]
1 year, 3 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 …

Intention Of Legislature Is To Limit The Interference By The Courts In The Process Of Arbitration: Delhi HC
1 year, 8 months ago

Intention Of Legislature Is To Limit The Interference By The Courts In The Process Of Arbitration: Delhi HC

Live Law  

The Delhi High Court while dismissing the Petitions filed under Section 34 of Arbitration and Conciliation Act, 1996 has observed that it was deemed necessary by the legislature as well as the Courts to limit the interference by the Courts in the process of Arbitration, especially after the proceedings had been concluded. The Court also observed that unfettered intervention in …

Arbitration Cases Weekly Round-Up: April 02 To April 08, 2023
1 year, 9 months ago

Arbitration Cases Weekly Round-Up: April 02 To April 08, 2023

Live Law  

Bombay High Court: Limited Remedy Available Under S. 34 Of A&C Act Against Award Of Compensation Under NHA, Is Not A Ground To Invoke HC’s Writ Jurisdiction: Bombay High Court Case Title: M/s Omanand Industries & Anr. Calcutta High Court: Facilitation Council Has Exclusive Jurisdiction To Arbitrate Claims After The Supplier’s Registration Under The MSMED Act: Calcutta High Court Case …

Award Debtor Failed To Take Recourse To S. 26 of Arbitration Act; Cannot Challenge Award Claiming Expert Was Not Examined: Bombay High Court
1 year, 11 months ago

Award Debtor Failed To Take Recourse To S. 26 of Arbitration Act; Cannot Challenge Award Claiming Expert Was Not Examined: Bombay High Court

Live Law  

The Bombay High Court has ruled that if an award debtor has failed to take recourse to the provisions of Section 26 of the Arbitration and Conciliation Act, 1996, it cannot seek to set aside the award on the ground that the expert, whose report was relied upon by the arbitrator, was not examined by the opposite party. The petitioner, …

Arbitration Cases Weekly Round-Up: 15 January to 21 January 2022
1 year, 11 months ago

Arbitration Cases Weekly Round-Up: 15 January to 21 January 2022

Live Law  

Supreme Court: 12 Months Time Limit Under Section 29A Arbitration Act Not Applicable To International Commercial Arbitration: Supreme Court Case Title: TATA Sons Pvt Ltd versus Siva Industries and Holdings Ltd The Supreme Court has held that the time limit of twelve months as prescribed in Section 29A of Arbitration and Conciliation Act is not applicable for international commercial arbitration. …

Award Of Costs By Arbitrator, Not Containing Quantification And Reasons, Is Arbitrary: Delhi High Court
1 year, 11 months ago

Award Of Costs By Arbitrator, Not Containing Quantification And Reasons, Is Arbitrary: Delhi High Court

Live Law  

The Delhi High Court has ruled that the mandate contained in Section 31 of the Arbitration and Conciliation Act, 1996, as per which an arbitral award shall state the reasons on which it is based, must pervade every aspect of the award, including the award of costs. The petitioner challenged the award of pendente-lite interest and costs of proceedings imposed …

PO, Though Not Having Arbitartion Clause, Intrinsically Linked To Main Agreement, Dispute Arbitrable: Delhi High Court
2 years ago

PO, Though Not Having Arbitartion Clause, Intrinsically Linked To Main Agreement, Dispute Arbitrable: Delhi High Court

Live Law  

The Delhi High Court has ruled that the parties would be governed by the arbitration clause contained in the Contract, even though the arbitration clause is not specifically incorporated in the purchase orders. Thus, the Court concluded that the parties would be governed by the arbitration clause contained in the Contract, even though an arbitration clause was not specifically incorporated …

Arbitration Cases Weekly Round-Up: 25 December To 31 December, 2022
2 years ago

Arbitration Cases Weekly Round-Up: 25 December To 31 December, 2022

Live Law  

Bombay High Court: Correspondence Between Parties Cannot Overrule Clear Intention Under Agreement Providing For Optional Arbitration: Bombay High Court Case Title: GTL Infrastructure Ltd. versus Vodafone India Ltd. Arbitration Can Be Invoked Against Party Deleted From Section 9 Application: Bombay High Court Case Title: Deccan Paper Mills Co. Ltd. versus M/s. Calcutta High Court: Disclosure Of Impartiality By Arbitrator Appointed …

Reference Limited To Quantum Of Compensation; Dispute Non-Arbitrable If Insurer Disputes Liability: Bombay High Court
2 years ago

Reference Limited To Quantum Of Compensation; Dispute Non-Arbitrable If Insurer Disputes Liability: Bombay High Court

Live Law  

The Bombay High Court has ruled that where the arbitration clause only provided for reference of dispute relating to quantum of compensation payable under the insurance policy, the plea taken by the insurance company, disputing its liability under the policy, would make the dispute non-arbitrable. Mallak Specialities submitted before the High Court that the insurance claim raised by it was …

Arbitration, Invoked Without Authority, The Defect Can't Be Ratified With Fresh Board Resolution: Bombay High Court
2 years, 2 months ago

Arbitration, Invoked Without Authority, The Defect Can't Be Ratified With Fresh Board Resolution: Bombay High Court

Live Law  

The Bombay High Court has ruled that the issue whether the arbitration was invoked and the Statement of Claim was filed, by a person duly authorized by the claimant, goes to the root of the matter, with respect to which the arbitral tribunal may make a final arbitral award. Thus, the Court held that the order passed by the arbitral …

Arbitration Cases Monthly Round-Up: October 2022
2 years, 2 months ago

Arbitration Cases Monthly Round-Up: October 2022

Live Law  

Supreme Court: Arbitral Tribunal Must Give Reasons For Fixing Interest Rate; Award Holder Not Entitled To Interest For Delay Caused By It : Supreme Court Case Title: Executive Engineer versus Gokul Chandra Kanungo The Supreme Court recently held that a case where the award holder was responsible for delaying the proceedings which led to a huge lapse of time would …

Arbitration Cases Weekly Round-Up: 23 To 29 October, 2022
2 years, 2 months ago

Arbitration Cases Weekly Round-Up: 23 To 29 October, 2022

Live Law  

Bombay High Court: Execution Of Agreement, In Bid Document As Condition Precedent; Failure To Execute, Not A Concluded Contract: Bombay High Court Case Title: Kalpataru Limited versus Middle Class Friends Co-operative Housing Society Limited The Bombay High Court has ruled that where reference to a future contract is made in the tender documents and in the Letter of Intent issued …

Inordinate And Unexplained Delay In Rendering Arbitral Award Is Against Public Policy Of India: Delhi High Court
2 years, 8 months ago

Inordinate And Unexplained Delay In Rendering Arbitral Award Is Against Public Policy Of India: Delhi High Court

Live Law  

The Delhi High Court has ruled that inordinate and unexplained delay in rendering the arbitral award is in conflict with the public policy of India and is amenable to challenge under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner filed a petition under Section 34 of the A&C Act against the arbitral award before the Delhi High …

Factual/ Legal Errors In Arbitral Award Falling Short Of Perversity Do Not Merit Interference U/S 34 Or 37 Of Arbitration Act: Delhi High Court
2 years, 8 months ago

Factual/ Legal Errors In Arbitral Award Falling Short Of Perversity Do Not Merit Interference U/S 34 Or 37 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court has observed that the Arbitrator or Tribunal is the final arbiter on facts as well as in law, and even errors, factual or legal, which stop short of perversity, do not merit interference under sec. 37 of the Act challenging the order dated 12.07.2017 passed by the Single Judge of High Court which had dismissed the …

Arbitration Court Reckoner :August-October 2021 (Part 2)
3 years ago

Arbitration Court Reckoner :August-October 2021 (Part 2)

Live Law  

This is the second part of the article. Section 31 No scope for adding pre-award interest into the principal amount for calculating post-award interest by applying Section 31 of the Act when the Tribunal has only awarded post-award interest on principal sum In Overeas Drilling Limited v Directorate General Of Hydrocarbons Of India High Court of Delhi was dealing with …

Arbitration Court Reckoner : February 2021
3 years, 9 months ago

Arbitration Court Reckoner : February 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 February 2021 under the Arbitration & Conciliation Act, 1996. Section 9 Court required to mould relief to secure claim of applicant in arbitral proceedings where Respondent has no assets at all or its assets are fully …

Arbitration: Court Reckoner - July 2020
4 years, 4 months ago

Arbitration: Court Reckoner - July 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 July 2020 under the Arbitration & Conciliation Act, 1996. v Bajaj Finance Ltd., High Court of Delhi while dealing with a petition seeking restraint on sale of pledged shares on the ground that the fall in …

Delhi HC Awards Punitive Damages Of 3.85 Crores To UK Firm For Continued Trademark Infringement
5 years, 11 months ago

Delhi HC Awards Punitive Damages Of 3.85 Crores To UK Firm For Continued Trademark Infringement

Live Law  

The Delhi High Court has awarded 3.85 crores as damages to UK-based Whatman International Ltd for infringement of its trademark, WHATMAN, by various persons. The order was passed by Justice Pratibha M. Singh, who observed, "The Defendants have caused enormous loss to the Plaintiff in the form of not only selling lookalike filter paper under various brands namely ACHME, HIRAL …

India’s Arbitration/Alternate Dispute Redressal Mechanism – Is It A Trap Or A Genuine Redressal Mechanism ?
6 years, 3 months ago

India’s Arbitration/Alternate Dispute Redressal Mechanism – Is It A Trap Or A Genuine Redressal Mechanism ?

Live Law  

Undoubtedly, the Indian Arbitration Act of 1940 had failed. Pointing at this gaping lacunae and suggesting immediate rectification, Justice Hegde pithily wrote - “However, we do notice that this automatic suspension of the execution of the award, the moment an application challenging the said award is filed under Section 34 of the Act leaving no discretion in the court to …

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