Arbitration Court Reckoner : November & December 2020
3 years, 10 months ago

Arbitration Court Reckoner : November & December 2020

Live Law  

Section 2 & Section 2 Concept of emergency arbitration is not outside the scope or contrary to Part-1 of the Act In Future Retail Ltd. v Amazon.com Investment Holdings LLC & Ors., High Court of Delhi was dealing with a case where the international commercial arbitration was seated in India but was to be conducted in accordance with SIAC Rules and the question arose as to whether the provisions of Emergency Arbitration in the SIAC rules, are in any manner contrary to/repugnant with the public policy of India, or with the mandatory requirements of the procedural law under the Act. In Pearl Hospitality & Events P. Ltd. v Oyo Hotels & Homes P. Ltd. High Court of Delhi held that before exercising jurisdiction under S. 9, the Court has to satisfy itself that there exists an arbitration agreement, an arbitral dispute and manifest intention, on the part of the petitioner, to initiate arbitral proceedings the existence of circumstances which require grant of interim protection and urgent necessity. Section 12 Amended S. 12 not applicable to arbitral proceedings which commenced prior to 23.10.2015 even if arbitration clause provided that provisions of 1996 Act with statutory modifications would be applicable In ABB India Ltd. v Bharat Heavy Electricals Ltd. High Court of Delhi rejected the argument that an arbitration clause which provided "the provisions of the Arbitration and Conciliation Act, 1996 or statutory modifications or re-enactments thereof and the rules made thereunder and for the time being in force shall apply to the arbitration proceedings under this clause", would result in making Section 12 of the Act, as inserted by the 2015 Amendment Act, applicable to arbitral proceedings which had commenced prior to 23.10.2015. Section 34 Seat of arbitration provided in agreement can be changed only by amendment in writing signed by parties In Goyal MG Gases P. Ltd. v Steel Authority of India, High Court of Delhi was dealing with a case where the arbitration clause provided that arbitration would be held in Durgapur, West Bengal but the parties had consented to arbitration being held in New Delhi, as recorded in an order of the Arbitral Tribunal and the award was passed in New Delhi. Interim orders passed during the pendency of an application under S. 9 are appealable under S. 37 and not just the final order In SEPCO Electric Power Construction Corporation v Power Mech Projects Limited, High Court of Delhi held that a direction, that the Bank Guarantee, to be furnished to secure awarded amount, be of a Scheduled Indian Bank only, would be covered within the meaning of an order granting "any" measure under S. 9, within the meaning of S. 37 of the Act and within the meaning of "judgment or order" of a Commercial Division of a High Court within the meaning of S. 13 of the Commercial Courts Act and appeal would lie against the same.

History of this topic

Arbitration Weekly Round Up [9th December To 15th December 2024]
6 days, 13 hours ago
Findings Of Arbitrator U/S 34 Of Arbitration Act Cannot Be Scrutinised As If Court Is Sitting In Appeal: Chhattisgarh High Court
1 week ago
Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court
1 week, 3 days ago
Whether Arbitration Agreement Has All Essential Elements Can Better Be Decided By Tribunal U/S 16 Of A&C Act: Rajasthan High Court
1 week, 5 days ago
Referral Court U/S 11 Of Arbitration Act Cannot Enter Into Merits Of Subject Matter Of Disputes: Rajasthan High Court
Trending News
1 week, 5 days ago
Arbitration Weekly Round-Up [ 2nd December To 8th December, 2024]
2 weeks ago
Order Passed U/S 11 Cannot Be Recalled If Valid Arbitration Agreement Exists To Justify Reference Of Parties To Arbitration: Calcutta HC
2 weeks ago
[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court
2 weeks, 2 days ago
Delhi High Court Sets Aside Claim Of Rs.15 Lakh Awarded By Arbitral Tribunal Due To Lack Of Evidence
2 weeks, 2 days ago
Delhi High Court Sets Aside Claim Of Rs.15 Lakh Awarded By Arbitral Tribunal Due To Lack Of Evidence
2 weeks, 2 days ago
Court Not Having Jurisdiction To Entertain Application U/S 34 Cannot Go Into Merits Of Award: Himachal Pradesh High Court
2 weeks, 3 days ago
Arbitration Monthly Digest: November, 2024
3 weeks ago
Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement
Trending News
3 weeks ago
Arbitration Weekly Round-Up [25th November To 1st December, 2024]
3 weeks ago
Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court
3 weeks, 3 days ago
Delhi High Court Stays Arbitral Proceedings Where Petitioner's Defence Was Struck-Off Due To Non-Payment Of Arbitral Fees
3 weeks, 5 days ago
Procedural Orders Cannot Be Considered As Interim Award Or Challenged U/S 34 Of Arbitration Act: Delhi High Court
4 weeks ago
Well Reasoned Award Cannot Be Interfered With Under Section 37 Of Arbitration Act: Delhi High Court
4 weeks ago
Himachal Pradesh High Court Reiterates Limited Scope Of Court Intervention U/S 34 & 37 Of Arbitration & Conciliation Act
1 month ago
S.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court
1 month ago
Arbitration Weekly Digest 11th November-17 th November 2024
1 month ago
Whether Claim Is Barred By Res Judicata Cannot Be Decided By Court At S.11 Stage Of Arbitration Act: P&H High Court
1 month ago
Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC
Trending News
1 month ago
Referral Court Has Limited Role U/S 11 Of Arbitration Act To Verify Existence Of Arbitration Agreement: Rajasthan High Court
Trending News
1 month ago
Enforcement Of Foreign Award Cannot Be Refused U/S 48 Of Arbitration Act Unless It Is Against Public Policy: Chhattisgarh HC
1 month ago
Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court
1 month ago
Award Can Be Set Aside U/S 34 Of Arbitration Act If Arbitrator Travels Beyond Arbitration Agreement: Madhya Pradesh HC
Trending News
1 month, 1 week ago
High Court As Court Of Record Can Recall Or Review Orders Passed U/S 11 Of Arbitration Act: Bombay High Court
1 month, 1 week ago
MSME Council Award Can Be Challenged Only U/S 34 Of Arbitration Act, Not Under Articles 226 Or 227: Orissa High Court
1 month, 1 week ago
Arbitral Award Without Rationale For Damages Is Ex Facie Contrary To Settled Law, Can Be Set Aside: Delhi High Court
1 month, 1 week ago
Delhi High Court Verdict In Airports Authority Of India Case Is A Renewed Call To Uphold The Spirit Of The Arbitration Act
1 month, 1 week 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
Trending News
1 month, 1 week ago
Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court
1 month, 1 week ago
Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court
1 month, 1 week ago
Arbitration Weekly Round-Up: 4th November To 10th November 2024
1 month, 1 week ago
Plea Of Limitation Shall Be Deemed To Be Waived If Not Raised Before Arbitrator U/S 16 Of Arbitration Act: Madhya Pradesh High Court
1 month, 1 week ago
Arbitration Monthly Digest: October 2024
1 month, 1 week ago
Interim Relief By Arbitral Tribunal – Still An Unresolved Mystery?
1 month, 2 weeks ago
High Court Holds that Applicant Must Dispute Contents of Plaint in Arbitration Case
1 month, 2 weeks ago
Delhi High Court Rejects Petitioner's Request to Stay Termination of Lease Agreement
1 month, 3 weeks ago
Delhi High Court Rules on Appointment of Arbitral Tribunal: Invalid Procedures Before Improper Arbitral Tribunal Are Non-Est
2 months ago
Arbitration Cases Monthly Digest: September 2024
2 months, 2 weeks ago
Constitution bench reserves judgment in arbitration case
3 months, 3 weeks ago
Delhi High Court Refers Employment Agreement Dispute Between BharatPe, Ashneer Grover To Arbitration
4 months ago
India aims to be global arbitration hub. And cut costs for its biggest litigant.
4 months, 1 week ago
Delhi HC appoints arbitrator to deal with disputes between cricketer Yuvraj Singh, realtor
4 months, 2 weeks ago
Squelch Will Of Parties In Consumer Welfare Issues: Supreme Court Of India
4 months, 4 weeks ago
Courts Can't Constantly Interfere And Micro-Manage Arbitral Proceedings: Bombay High Court
5 months ago
Arbitral Tribunal Can Award Compensation For Breach If Contract Is Incapable Of Specific Performance: Delhi High Court
5 months ago
Arbitration Weekly Roundup: July 08 - July 14, 2024
5 months, 1 week ago

Discover Related