1 year, 7 months ago

Recourse To Section 34(4) Of The A&C Act Can Only Be Taken For Curable Defects, Courts Cannot Allow The Tribunal To Either Review Or Reconsider The Award: Delhi High Court

Live Law

The High Court of Delhi has held that the recourse to Section 34 of the A&C Act, that grants courts the authority to remit an arbitral award to the Arbitral Tribunal, can only be taken for correcting the curable defects such as filling the gaps in reasoning, correct typographical and arithmetical errors and not to allow the tribunal to do a review of the award. The Court also referred to the decision of the Hon’ble Supreme Court in Kinnari Mullick v. Ghanshyam Das Damani wherein the Court observed that Section 34 permits remission only in cases of curable defects. Counsel Assisting the Court: - Dr. Amit George, Adv, Mr. Gautam Narayan and Ms. Asmita Singh, Advs. with Mr. Rishi Agarwala, Ms. Shruti Arora, Mr. KaranVir Singh, Adv.

Court Defects Courts Tribunal Singh Award Adv Curable Defects Advs ms singh courts adv review defects mr court curable award taken recourse delhi advs reconsider high 344 tribunal sr

History of this topic

3 weeks, 4 days ago

Arbitral Award Not Signed By All Members Of Tribunal Can Be Set Aside If Reasons For Omission Of Missing Signature Are Not Stated: Delhi High Court

Live Law

The Delhi High Court Bench of Justice Prateek Jalan has observed that the signature of all members of the arbitral tribunal should be available on the award as the signing of an award is not a ministerial act but a substantive requirement. The requirement is referable to the need to ensure that all members of the tribunal have had an …

2 months, 1 week ago

Arbitral Award Cannot Be Challenged In Writ Petition, Party Must Use Remedy U/S 34 Of Arbitration Act: Delhi High Court

Live Law

The Delhi High Court Bench of Justice Sachin Datta has held that it cannot entertain a writ petition challenging an arbitral award, and the petitioner should challenge the award by taking recourse to appropriate remedies under Section 34 of the Arbitration Act. Brief Facts: The present petition challenged an arbitral award passed pursuant to reference to arbitration under Section 18 …

2 months, 1 week 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 …

4 months, 2 weeks ago

Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court

Live Law

The Delhi High Court bench of Justice Sachin Datta has held that conduct of the parties has to be seen before granting equitable relief for specific performance of the contract. Brief Facts The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 assails an arbitral award dated 12.04.2022, whereby the arbitral tribunal has refused to grant specific …

11 months 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 …

1 year ago

Non Filing Of Arbitral Award Along Section 34 Is A Fatal Defect, Makes Filing Non-Est: Delhi High Court Dismisses Section 34 Petition

Live Law

The Delhi High Court single bench of Justice Prateek Jalan held that non filing of the arbitral award along with the Petition under Section 34 of the Arbitration and Conciliation Act, 1996 is a fatal defect, making such filing as non-est. Brief Facts: The Petitioner approached the Delhi High Court and filed a petition under Section 34 of the Arbitration …

1 year ago

Party Fails To Challenge Arbitral Award U/s 34 A&C Cannot Approach High Court Under Article 226: Delhi High Court Dismisses Writ Petition

Live Law

The Delhi High Court single bench of Justice Subramonium Prasad held that Article 226 of the Constitution of India is an extraordinary remedy and cannot be invoked where a party has failed to invoke other remedies available to it under law. It held that if a party fails to challenge the arbitration award under Section 34 of the Arbitration and …

1 year, 1 month ago

Arbitral Award With Internal Contradictions Is Perverse And Patently Illegal; Delhi High Court allows Section 34 Petition

Live Law

The Delhi High Court single bench comprising Justice Sachin Datta held that an award suffering from internal contradictions is considered perverse and patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996. The Petitioner challenged the arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 in the Delhi High Court. The Petitioner challenged the impugned …

1 year, 2 months ago

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

Live Law

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 …

1 year, 4 months ago

Monthly Digest Of IBC Cases: October 2023

Live Law

Supreme Court The Supreme Court bench comprising Justices S Ravindra Bhat and Aravind Kumar, has held that homebuyers cannot be treated differently from other "financial creditors" under the Insolvency and Bankruptcy Code 2016 just because they have secured orders from the authority under the Real Estate Act 2016. 799 of 2023 The National Company Law Appellate Tribunal, Principal Bench, New …

1 year, 5 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 …

1 year, 6 months ago

Sending Scanned Copy Of A Signed Arbitral Award Through Email Constitutes A Valid Delivery Under Section 31(5) Of The A&C Act: Delhi High Court

Live Law

The Delhi High Court has held that an email sent by the arbitral tribunal to the parties wherein the scanned copy of the signed award is attached constitutes a valid delivery of the award under Section 31 of the A&C Act. The Court observed that although the first correction to the award was made on 07.03.2018 but it was delivered …

1 year, 8 months ago

Court Under Section 29A Of The A&C Act Would Not Consider Issue Regarding Fees Of Arbitral Tribunal: Delhi High Court

Live Law

The High Court of Delhi has held the Court exercising power under Section 29A of the A&C Act, which provides for extension of time to conclude arbitral proceedings, is only concerned with the issue as to whether the arbitrator has acted with expedition in the matter and would not consider any issue regarding the conduct of the arbitration or the …

1 year, 9 months ago

Orders Of Arbitral Tribunal Not Signed By All Arbitrators And Absence Of An Arbitrator During Certain Proceedings, Cannot Be A Ground To Set Aside Award: Delhi High Court

Live Law

The Delhi High Court has reiterated that procedural irregularity cannot be a ground to set aside the Arbitral Award unless such irregularity goes to the root of the matter and shocks the conscience of the Court, thus making the Award illegal. The bench remarked that procedural irregularities like some of the Orders of the Arbitral Tribunal not being signed by …

2 years, 2 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. …

2 years, 2 months ago

Employee Can't Challenge Departmental Enquiry Findings 'On Grounds Of Adequacy Or Reliability' Under Article 226: Delhi High Court

Live Law

The Delhi High Court has said that findings of departmental authorities in disciplinary proceedings cannot be challenged by the employee under Article 226 of the Constitution of India, on the grounds of adequacy or reliability. The court was dealing with a writ petition filed by a bank employee, who was dismissed from service in 1995 for misconduct and fraud after …

2 years, 3 months ago

Challenge Relating To The Bias Of An Arbitrator Cannot Be Raised Under Section 14 Of The A&C Act: Delhi High Court

Live Law

The High Court of Delhi has held a challenge to the mandate of the arbitrator on the ground of bias and a justifiable doubt with respect to the independence and impartiality cannot be raised under Section 14 of the A&C Act. The bench of Justice Yashwant Varma held that Section 14 of the Act confers the power on the Court …

6 years, 3 months ago

Delhi HC Notice To AAP Govt For Not Doing Enough To Enable Consumers Benefit From Consumer Protection Act [Read Order]

Live Law

The Delhi High Court has asked the Delhi government to show cause why rule nisi be not issued against it for its failure to take effective steps to fill up vacancies, adopting summary procedures and providing infrastructure in the various consumer forums to ensure speedy disposal of consumer complaints under the Consumer Protection Act, which is a beneficial legislation.A bench …

6 years, 6 months ago

Delhi HC Rejects Pleas Of Sonia Gandhi, Rahul Gandhi, Oscar Fernandez Against I-T Reassessment Notices [Read Order]

Live Law

“The writ petitions have to fail. It is, however, clarified that the observations with regard to the parties’ contentions is not conclusive and were recorded for the purpose of disposing of these petitions; the assessees’ rights to urge them are reserved in the income tax proceedings.”The Delhi High Court on Monday dismissed the challenge against reassessment notices issued by the. …

6 years, 7 months ago

Oral Evidence In Application To Set Aside Arbitral Award Shouldn’t Be Allowed Unless Absolutely Necessary: SC [Read Judgment]

Live Law

‘However, if there are matters not contained in such record, and are relevant to the determination of issues arising under Section 34, they may be brought to the notice of the Court by way of affidavits filed by both parties.’The Supreme Court has held that an application for setting aside an arbitral award will not ordinarily require anything beyond the …

6 years, 7 months ago

Oral Evidence In Application To Set Aside Arbitral Award Shouldn’t Be Allowed Unless Absolutely Necessary: SC [Read Judgment]

Live Law

7 years, 6 months ago

Delhi HC Frowns Upon Rampant Practice Of Litigants Blaming Their Lawyers [Read Judgment]

Live Law

The Delhi High Court, on Monday, refused to permit an Appellant Company to shift the blame on its Counsel for the delay in challenging an ex-parte judgment and shared the Trial Court’s concerns on employment of such measures.“Trial court has, accordingly, held that appellant/defendant cannot conveniently shift the blame upon his counsels because now-a-days it is routine for the litigants. …

7 years, 6 months ago

Delhi HC Frowns Upon Rampant Practice Of Litigants Blaming Their Lawyers [Read Judgment]

Live Law

7 years, 6 months ago

Availability Of Revisional Remedy Does Not Bar Invocation Of Inherent Powers Under Sec 482 Crpc- Delhi HC [Read Order]

Live Law

The Delhi High Court has held that the availability of revisional remedy under Section 399/401 of the Cr.P.C does not bar the invocation of inherent powers under Section 482 of the Code. In reaching the decision, the Delhi High Court followed the decision of the Supreme Court in Prabhu Chawla v. State of Rajasthan AIR 2016 SC 4245.Prabhu Chawla was …

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