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Arbitration Monthly Digest: November, 2024

Live Law

Supreme Court Government Entity Can't Be Given Differential Treatment While Staying Operation Of Arbitral Award : Supreme Court Case Title: International Seaport Dredging Pvt Ltd Versus Kamarajar Port Limited, Case Number- Civil Appeal No 12097 of 2024 Recently, the Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the arbitral award amount as a condition precedent for seeking a stay on the enforcement of the award just because the government entity was not a flight risk. Case Title: Bharat Broadband Network Ltd v. Paramount Communications Ltd Citation: 2024 LiveLaw 1222 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 Inordinate, Unexplained Delay In Passing Award After Conclusion Of Arguments Can Be Ground To Set Aside U/S 34 Of Arbitration Act: Delhi High Court Case Title: HR BUILDERS THROUGH GPA HOLDER V. DELHI AGRICULTURAL MARKETING BOARD Citation: 2024 LiveLaw 1223 The Delhi High Court bench of Justice Sachin Datta has held that inordinate and unexplained delay in passing an award from the date of the conclusion of the pleadings can be a ground to set it aside under section 34 of the Arbitration Act. Case Title:CENTAURUS GREEN ENERGY PRIVATE LIMITED versus RAJSHREE EDUCATIONAL TRUST Citation: 2024 LiveLaw 1245 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. A unilateral determination of fees violates the principles of party autonomy and the doctrine of the prohibition of in rem suam decisions, ie., the arbitrators cannot be a judge of their own private claim against the parties regarding their remuneration.Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court Case Title: Union Of India versus Besco Limited Citation: 2024 LiveLaw 1303 The Delhi High Court bench of Ms. Justice Rekha Palli and Mr. Justice Saurabh Banerjee has affirmed that just because the appellant is government that doesn't mean that a special treatment will be given while condoning the delay in filing the appeal under section 37 of the Arbitration Act. Versus GUJARAT METRO RAIL CORPORATION LTD. Citation : 2024 LiveLaw 166 The Gujarat High Court Bench of Chief Justice SUNITA AGARWAL and Justice PRANAV TRIVEDI affirmed that if serious allegations of fraud are raised that the arbitration agreement was entered into by fraud and collusion and such allegations are not decided by the Arbitrator while passing an award, such an award is liable to set aside on the ground of patent illegality under section 34 of the Arbitration Act Case Title: M/S KONNECTING INDIA & ORS.