Claims Cannot Be Referred To Arbitration When The Requirement To Mandatorily Notify Such Claims Was Not Followed: Delhi High Court
1 year, 6 months ago

Claims Cannot Be Referred To Arbitration When The Requirement To Mandatorily Notify Such Claims Was Not Followed: Delhi High Court

Live Law  

The Delhi High Court has held that claims of a party cannot be referred to arbitration when the requirement to mandatorily notify such claims with the General Manger was not followed. The Court also held if the contract provides for arbitration only if the aggregate value of claims does not exceed 20% of the contract value, the Court would not refer the parties to arbitration when the claims exceed such an aggregate value. Clause 64 precluded the non-conforming disputes from being referred to arbitration The aggregate value of the claims of the petitioner would exceed the limit of 20% of the value of the project provided under Clause 34 of the GCC, therefore, the dispute cannot be referred to arbitration. The Court also observed that Clause 34 of GCC further provides that the aggregate value of all the claims being referred to arbitration should not be more than 20% of the value of the project, therefore, it was necessary for the petitioner to have given a claim wise quantification of its claims to fall within the threshold limit, however, it failed to indicate the claim value against certain claims.

Contract High Court Arbitration Claims Held Value Gcc Petitioner Provided Referred Such Claims Notify Its Claims Exceed  arbitration  delhi  petitioner  exceed  provided  notify  contract  followed  claims  requirement  held  value  referred  high  court  mandatorily

History of this topic

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, 5 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 …

Delhi High Court Dismisses Challenge Against Arbitral Award Rejecting Counterclaim For Failure To Raise Timely Objections On Quality Of Goods
1 month, 1 week 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 …

[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 …

Award Cannot Be Set Aside When No Objections Were Raised Before Arbitrator Or Court U/S 12(5) Of Arbitration Act: Delhi High Court
1 month, 2 weeks ago

Award Cannot Be Set Aside When No Objections Were Raised Before Arbitrator Or Court U/S 12(5) Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justices C. Hari Shankar and Ajay Digpaul held that the award cannot be set aside solely on the ground that the appointment of the Arbitrator was illegal in view of section 12 of the Arbitration and Conciliation Act when no such objections were raised before the Arbitrator or the court under section 34 of …

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

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

Live Law  

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

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 …

Issue Related To Existence Of Arbitration Agreement Cannot Be Decided Ex-Parte, Without Hearing Respondent: Delhi High Court
2 months, 1 week ago

Issue Related To Existence Of Arbitration Agreement Cannot Be Decided Ex-Parte, Without Hearing Respondent: Delhi High Court

Live Law  

A Delhi High Court Bench of Justice Navin Chawla and Justice Shalinder Kaur held that the District Judge should not have decided the issue related to the existence of an arbitration agreement ex-parte, without calling upon the respondent to give its stand on the same. The District Judge dismissed the petition and held that the arbitration agreement contained in the …

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

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

Live Law  

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

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 months, 1 week 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

Live Law  

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 …

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court
3 months, 3 weeks ago

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna has held that section 2 of the Arbitration Act which defined the International Commercial Arbitration is a non derogable provision and its applicability cannot be excluded even by mutual consent of the parties. However, certain Sections of the Act, like S.2 which is the definition section, form the basic structure …

Delhi High Court Sets Aside Claim Of Rs.15 Lakh Awarded By Arbitral Tribunal Due To Lack Of Evidence
3 months, 3 weeks 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
3 months, 3 weeks 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
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 …

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

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

Live Law  

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

Executing Court Can Direct Award-Debtor To Deposit Decretal Amount In Court Until Petition U/S 34 Of Arbitration Act Is Disposed Of: P&H High Court
4 months ago

Executing Court Can Direct Award-Debtor To Deposit Decretal Amount In Court Until Petition U/S 34 Of Arbitration Act Is Disposed Of: P&H High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that executing court under section 36 of the Arbitration Act can direct the award debtor to deposit the decretal amount in the court registry till the disposal of the petition under section 34 of the Arbitration Act. Brief Facts Instant revision has been filed under Article 227 …

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

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

Live Law  

The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that the provision of Section 12 of the Arbitration Act would applicable to arbitral proceedings which were initiated prior to 2015 Amendment came into force and continued thereafter. In the meantime, the Arbitration Act was amended and as Section 12 was inserted on 23.10.2015, the petitioner submitted …

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 …

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court
4 months, 2 weeks ago

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Subramonium Prasad has held that pre requirement of conciliation in an arbitration clause before invoking the arbitration cannot be a bar to file an application under section 11 of the Arbitration Act seeking appointment of an Arbitrator. That disputes have arisen between the parties regarding payment of dues.,the Petitioner herein invoked Clause 17.7 …

Court U/S 45 Of Arbitration Act Must Refer Parties To Arbitration Unless Agreement Is Void Or Inoperative: Delhi High Court
4 months, 2 weeks ago

Court U/S 45 Of Arbitration Act Must Refer Parties To Arbitration Unless Agreement Is Void Or Inoperative: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma affirmed that Section 45 of the Arbitration Act casts a statutory mandate on Courts to refer parties to an arbitration agreement to arbitration. The only limited exception carved in Section 45 is if the Court is of the prima facie opinion that the arbitration agreement is null and void; or …

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

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

Live Law  

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

Delhi High Court Rejects Petitioner's Request to Stay Termination of Lease Agreement
5 months ago

Delhi High Court Rejects Petitioner's Request to Stay Termination of Lease Agreement

Live Law  

The Delhi High Court has allowed a petition seeking stay of the effect and operation of the Termination Notice dated 01.10.2024 issued by the respondent No. 1 to the petitioner. The court held that the role of the court under section 9 of the Arbitration Act is to preserve the subject matter of the Arbitration till the arbitral tribunal decides …

Delhi High Court Rules on Appointment of Arbitral Tribunal: Invalid Procedures Before Improper Arbitral Tribunal Are Non-Est
5 months, 1 week ago

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

Live Law  

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

Non-Signatories Bound By Arbitration Agreement If Their Actions Align With Those of Signatories: Delhi High Court
5 months, 1 week ago

Non-Signatories Bound By Arbitration Agreement If Their Actions Align With Those of Signatories: Delhi High Court

Live Law  

The Delhi High Court has ruled that if a non-signatory party actively participates in the performance of a contract, and its actions align with those of the other members of the group, it gives the impression that the non-signatory is a “veritable” party to the contract which contains the arbitration agreement. The court held that respondents 2-5 are veritable parties …

Arbitration Cases Monthly Digest: September 2024
5 months, 3 weeks ago

Arbitration Cases Monthly Digest: September 2024

Live Law  

Supreme Court Case Title: COX & KINGS LTD. Delhi High Court Case Title: Apex Buildsys Ltd. Vs Vadera Interiors And Exteriors and connected matter Citation: 2024 LiveLaw 956 The Delhi High Court bench of Justice C. Hari Shankar has held that objections related to the legality of an arbitrator's appointment cannot be raised in a petition seeking an extension of …

Interim Measures U/s 17 Of Arbitration Act Affecting Third-Party Rights Is Appealable: Delhi High Court
8 months, 1 week ago

Interim Measures U/s 17 Of Arbitration Act Affecting Third-Party Rights Is Appealable: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Jasmeet Singh has held that a third party, whose rights for a registered charge are affected by an arbitral award, can challenge such award under Section 37 of the Arbitration and Conciliation Act, 1996. Regarding the creation of charge, the High Court held that the Dalmia Group failed to demonstrate the existence of …

Arbitration Weekly Roundup: July 08 - July 14, 2024
8 months, 2 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
8 months, 3 weeks ago

Arbitration Cases Half Yearly Digest: January To June 2024

Live Law  

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 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.” …

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

Once Arbitration Agreement Is Confirmed, Court Should Refrain From Delving Into Other Issues: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Amit Bansal held that the role of the court is limited to verifying the existence of a valid arbitration agreement. Observations by the High Court: The High Court referred to Clause 26 in the EPC Contract which provided that in the event conciliation between the parties fails, disputes may be referred to arbitration. …

Arbitration Monthly Round-Up -March 2024
11 months, 4 weeks 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 …

Membership Of An Arbitral Institution Cannot Be Insisted Upon As A Pre-Requisite For Invoking Arbitration: Delhi High Court
1 year ago

Membership Of An Arbitral Institution Cannot Be Insisted Upon As A Pre-Requisite For Invoking Arbitration: Delhi High Court

Live Law  

The High Court of Delhi has held the membership of an arbitral institution cannot be insisted upon as a pre-requisite for invoking arbitration. Since, the petitioner cannot invoke arbitration under SAROD Rules for want of membership, the appointment has to be made under S. 11 Analysis by the Court The Court impleaded SAROD as a party to ascertain whether Rule …

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

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

Live Law  

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

Prima Facie No Arbitration Agreement Between Parties, Delhi High Court Dismisses Section 11(5) A&C Petition
1 year ago

Prima Facie No Arbitration Agreement Between Parties, Delhi High Court Dismisses Section 11(5) A&C Petition

Live Law  

The Delhi High Court single bench of Justice Dinesh Kumar Sharma dismissed a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, noting that prima facie there was no arbitration agreement between Petitioner and Respondent. The High Court noted that Section 8, as amended in 2015, mandates the referral of parties to arbitration by a judicial authority …

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

Arbitration Weekly Round Up: 26th February to 3rd 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. 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, …

Even If Arbitral Award Set Aside For Non-Compliance With Section 12, Parties Can File Fresh Section 11 Application For Arbitrator Appointment: Delhi High Court
1 year, 1 month ago

Even If Arbitral Award Set Aside For Non-Compliance With Section 12, Parties Can File Fresh Section 11 Application For Arbitrator Appointment: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Dinesh Kumar Sharma held that mere invalidation or unenforceability of the arbitrator appointment process does not render the entire arbitration clause void. The bench held that even if an arbitration award is set aside due to unilateral appointment and non-compliance with Section 12 of the Arbitration Act, fundamental agreement between the parties …

No Need For Notice To Invoke Fresh Arbitration Where Analogous Arbitral Proceedings Going: Delhi High Court Allows Section 11(6) Petition
1 year, 1 month ago

No Need For Notice To Invoke Fresh Arbitration Where Analogous Arbitral Proceedings Going: Delhi High Court Allows Section 11(6) Petition

Live Law  

The Delhi High Court single bench of Justice Manoj Kumar Ohri held that in cases where there are analogous arbitration proceedings related to other agreements, there is no need to invoke fresh arbitration by issuing a notice under Section 21 of the Arbitration Act. The Petitioner approached the Delhi High Court and filed a petition under Section 11 of the …

Arbitration Weekly Round Up: 26th May 2024 To 2nd June 2024
1 year, 1 month ago

Arbitration Weekly Round Up: 26th May 2024 To 2nd June 2024

Live Law  

Delhi High Court Awarding Interest Rate Is Discretion Of Arbitrator, Can't Be Claimed As Matter Of Right: Delhi High Court Case Title: M/S Space 4 Business Solution Pvt Ltd Vs The Divisional Commissioner Principal Secretary And Anr. The bench held that: “whether to grant or refuse the interest on the principle amount, is the absolute discretion of the learned Arbitrator.” …

Arbitration Clause Does Not Cease With Contract Termination, It Is An Independent Agreement: Delhi High Court Allows S. 11 Application
1 year, 1 month ago

Arbitration Clause Does Not Cease With Contract Termination, It Is An Independent Agreement: Delhi High Court Allows S. 11 Application

Live Law  

The Delhi High Court single bench of Justice Sachin Datta dismissed the notion that the arbitration clause would cease to exist with the termination of the contract. Feeling aggrieved, the Petition filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 in Delhi High Court for appointment of a Sole Arbitrator to adjudicate the disputes. Moreover, the …

Seat Of Arbitration Inferred By Contractual Clauses & Conduct Of Parties, Venue Is Considered Seat In Absence Of Other Indications: Delhi High Court
1 year, 1 month ago

Seat Of Arbitration Inferred By Contractual Clauses & Conduct Of Parties, Venue Is Considered Seat In Absence Of Other Indications: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Anup Jairam Bhambhani held that mere expression of "place of arbitration" does not automatically indicate the seat and the determination of the seat should be inferred from other clauses in the agreement and the conduct of the parties. Ltd filed an application under Section 11 of the Arbitration & Conciliation Act 1996 …

MSME Facilitation Council Can't Refer Enterprises To Arbitration For Contracts They Signed Before Registration Under MSME Act: Delhi H.C.
1 year, 1 month ago

MSME Facilitation Council Can't Refer Enterprises To Arbitration For Contracts They Signed Before Registration Under MSME Act: Delhi H.C.

Live Law  

The Delhi High Court bench comprising Justice Prateek Jalan held that registration under the MSME Act is a prerequisite for availing its benefits, and such benefits cannot be claimed retrospectively for contracts entered into before registration. The bench held that the Micro and Small Enterprises Facilitation Council doesn't have the power to entertain the dispute under Section 18 of the …

Can Initiate Arbitral Proceedings Without Other Party's Consent Even If Arbitration Mentioned As Alternative Settlement Method: Delhi High Court
1 year, 1 month ago

Can Initiate Arbitral Proceedings Without Other Party's Consent Even If Arbitration Mentioned As Alternative Settlement Method: Delhi High Court

Live Law  

The Delhi High Court bench comprising Justice Prateek Jalan held that a dispute resolution clause providing for alternative modes of settlements, including arbitration, and containing the term “will”, doesn't require the consent of the other party for settlement of disputes through arbitration. That in case any dispute arises between the parties then the dispute will be settled by both the …

Claims Related To Company Are Arbitrable Even Though It Is Non-Signatory To Arbitration Agreement, Delhi High Court Reinforces GOC Doctrine
1 year, 1 month ago

Claims Related To Company Are Arbitrable Even Though It Is Non-Signatory To Arbitration Agreement, Delhi High Court Reinforces GOC Doctrine

Live Law  

The Delhi High Court bench comprising Justice Pratibha M. Singh held that the disagreements related to the partners' business activities, whether conducted through the firm or the company, fall within the scope of arbitrable matters. Ltd. and held that common business ventures of the partners, whether conducted through the firm or the Company, fell within the purview of the arbitration …

Arbitration Weekly Round-Up: 15th January To 21st January 2024
1 year, 2 months ago

Arbitration Weekly Round-Up: 15th January To 21st January 2024

Live Law  

Supreme Court Supreme Court Issues Notice On Plea Challenging Validity Of Section 3G Of National Highways Act Case Title: B.D. Issues Related To Bias Of An Arbitrator And Conduct Of Arbitral Proceedings Cannot Be Determined Under Section 29A Of The A&C Act: Delhi High Court Reiterates Case Title: Vivek Aggarwal v. Hemant Aggarwal, OMP 29 of 2023 Citation: 2024 LiveLaw …

Annual Digest of Arbitration Cases 2023- Supreme Court And High Courts (Part-1)
1 year, 2 months ago

Annual Digest of Arbitration Cases 2023- Supreme Court And High Courts (Part-1)

Live Law  

Supreme Court Arbitration Clauses In Unstamped Agreements Enforceable : Supreme Court 7-Judge Bench Overrules 'NN Global' Decision Case Title: In Re Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 Curative Pet No. Besides the uncertainties listed above, the 10,000 MTs of Met Coke has admittedly not been sold till date and …

Arbitration Monthly Round-Up: November 2023
1 year, 3 months ago

Arbitration Monthly Round-Up: November 2023

Live Law  

International Judgments Hong Kong Court Refuses To Enforce A Mainland Arbitration Award For Failure Of Arbitrator To Meaningfully Engage With Arbitral Proceedings Case Title: SONG LIHUA v. LEE CHEE HON, CONSTRUCTION AND ARBITRATION PROCEEDINGS NO. Section 29A Permits The Court To Extend The Mandate Of The Arbitral Tribunal Even When The Application Is Made After The Expiry Of Time Limit …

Court Under Section 11 Of The A&C Act Can Sever Offending Part Of Arbitration Clause: Delhi High Court
1 year, 3 months ago

Court Under Section 11 Of The A&C Act Can Sever Offending Part Of Arbitration Clause: Delhi High Court

Live Law  

The High Court of Delhi has held that the Court exercising powers under Section 11 of the A&C Act can sever an illegal/offending portion of the arbitration clause. The bench of Justice Sachin Datta held that an arbitration clause does not become illegal by mere illegality of the appointment procedure provided therein, therefore, the Court u/s 11 can sever the …

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 …

Plea That Claimant’s Claim Cannot Stand In The Absence Of A Third Entity, Can Be Raised Before The Arbitral Tribunal: Delhi High Court
1 year, 8 months ago

Plea That Claimant’s Claim Cannot Stand In The Absence Of A Third Entity, Can Be Raised Before The Arbitral Tribunal: Delhi High Court

Live Law  

The Delhi High Court has ruled that the plea that the claimant’s claim cannot stand in the absence of a third entity in the arbitral proceedings, is an aspect touching upon the maintainability of the claim sought to be raised before the Arbitral Tribunal. The court remarked that prima facie, the inter se rights and obligations of the petitioner and …

Insurance Policy Is To Be Referred To Arbitration When Only One Head Of The Claims Is Disputed And Not The Entire Liability: Delhi High Court
1 year, 10 months ago

Insurance Policy Is To Be Referred To Arbitration When Only One Head Of The Claims Is Disputed And Not The Entire Liability: Delhi High Court

Live Law  

The High Court of Delhi has held that ordinarily the dispute under insurance policy claims would not be referred to arbitration when the reference is limited to quantum of compensation and the insurer disputes liability. The Court held that there cannot be any arbitration in the first scenario, however, the second issue would not put the dispute beyond the ambit …

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