Supreme Court Dismisses Centre's Plea Alleging Bias Against Foreign Arbitrators In Reliance Industries Arbitration
2 years, 2 months ago

Supreme Court Dismisses Centre's Plea Alleging Bias Against Foreign Arbitrators In Reliance Industries Arbitration

Live Law  

The Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha dismissed the central government's appeal which had sought to cease arbitration proceedings initiated by Reliance industries, BP Exploration, and Niko Resources against the Ministry of Petroleum and Natural Gas. The counsel appearing for the Centre, Senior Advocate AK Ganguli stated that the government had "lost faith" in the two arbitrators– Michael D Kirby and Bernard Rix owing to alleged bias. Opposing Centre, Senior Advocate Harish Salve, appearing for Reliance Industries, stated that the argument raised by Senior Advocate Ganguli was nothing but "delaying tactics" by the government to stall the international arbitration. Earlier, Senior Advocate Harish Salve had argued before the Apex Court that there had been an unnecessary delay in the commencement of the international arbitration, even though the two foreign arbitrators were present in India.

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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
1 week, 3 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
3 weeks, 6 days 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 …

Delhi HC overturns arbitration award favouring Reliance in KG Basin dispute
1 month, 1 week ago

Delhi HC overturns arbitration award favouring Reliance in KG Basin dispute

The Hindu  

In a setback for Reliance Industries Limited, the Delhi High Court on Friday overturned a 2018 international arbitral award which favoured the Mukesh Ambani-led company and its foreign partners in a dispute over gas migration from fields operated by State-owned Oil and Natural Gas Corporation in the Krishna Godavari basin. Acting on an appeal filed by the Central government, Justice …

Delhi High Court overturns arbitration award favouring Reliance in $1.7 bn gas migration dispute
1 month, 1 week ago

Delhi High Court overturns arbitration award favouring Reliance in $1.7 bn gas migration dispute

Live Mint  

In a setback for Mukesh Ambani-led Reliance Industries Ltd, the Delhi High Court’s division bench on Friday overturned an international arbitration tribunal’s ruling that had previously favoured the company in its $1.7 billion dispute with Oil and Natural Gas Corp. Ltd over alleged gas migration from adjoining fields. The bench, comprising justices Rekha Palli and Saurabh Banerjee, also set aside …

No Bar To Avail Remedy U/S 9 Of Arbitration Act Even Against Non-Parties To Subject Matter Of Dispute: Delhi High Court
2 months, 2 weeks ago

No Bar To Avail Remedy U/S 9 Of Arbitration Act Even Against Non-Parties To Subject Matter Of Dispute: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna has held that the Plaintiffs are not barred from availing the remedy under Section 9 of the Arbitration and Conciliation Act, 1996 even against individual/entities who are not party to the Family Settlement out of which the dispute arose. The application for ad interim injunction was held to be not …

Court At Designated Seat Would Have Exclusive Jurisdiction To Entertain Applications Arising Out Of Arbitration: Chhattisgarh HC
3 months, 1 week ago

Court At Designated Seat Would Have Exclusive Jurisdiction To Entertain Applications Arising Out Of Arbitration: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court bench of Justices Shri Sanjay K. Agrawal and Shri Radhakishan Agrawal has held that court having supervisory jurisdiction over seat designated in the Arbitration Agreement would have exclusive jurisdiction to entertain all applications arising out of the arbitration proceedings. Brief Facts The present appeal has been filed under section 37 of the Arbitration Act against an …

Delhi High Court Sets Aside Claim Of Rs.15 Lakh Awarded By Arbitral Tribunal Due To Lack Of Evidence
3 months, 2 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, 2 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 …

Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court
3 months, 3 weeks ago

Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court

Live Law  

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. That In M/s Jaitely Construction Co. v. Union of India the …

Delhi High Court Stays Arbitral Proceedings Where Petitioner's Defence Was Struck-Off Due To Non-Payment Of Arbitral Fees
3 months, 3 weeks 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. …

Arbitration Weekly Round Up: 3nd February to 11th February 2024
1 year, 1 month ago

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

Live Law  

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: 27th November to 3rd December
1 year, 3 months ago

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

Live Law  

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 …

'India Is Arbitration-Friendly' : Justice SK Kaul Says At International Legal Forum Of Asia-Pacific Region
1 year, 5 months ago

'India Is Arbitration-Friendly' : Justice SK Kaul Says At International Legal Forum Of Asia-Pacific Region

Live Law  

Justice Sanjay Kishan Kaul, judge of the Supreme Court, participated in the 12th International Legal Forum of the Asia-Pacific Region on Thursday. The topic of the forum was, "Balance of Protection of National Interests and Rights of Participants of International Economic Relations".In his address, Justice Kaul said that the judiciary should exercise restraint in interfering. In his address, Justice Kaul …

Delhi High Court Rejects SpiceJet’s Plea To Stay Single Judge Order Upholding Arbitral Award In Favour Of Ex-Promoter Kalanithi Maran
1 year, 6 months ago

Delhi High Court Rejects SpiceJet’s Plea To Stay Single Judge Order Upholding Arbitral Award In Favour Of Ex-Promoter Kalanithi Maran

Live Law  

The Delhi High Court on Thursday refused to stay a single judge order upholding an arbitral award asking SpiceJet and its promoter Ajay Singh to refund of Rs. A division bench comprising of Justice Yashwant Varma and Justice Dharmesh Sharma dismissed the plea moved by SpiceJet seeking stay of the single judge order passed on July 31. About the Dispute …

Arbitration Cases Weekly Round-Up: May 07 To May 13, 2023
1 year, 10 months ago

Arbitration Cases Weekly Round-Up: May 07 To May 13, 2023

Live Law  

Supreme Court: Award Can Be Said To Be Suffering From 'Patent Illegality' Only If It Is An Illegality Apparent On The Face Of It : Supreme Court Case Title: Reliance Infrastructure Ltd. vs State of Goa The Supreme Court has observed that an award could be said to be suffering from “patent illegality” only if it is an illegality apparent …

Delhi high court rejects govt plea against RIL
1 year, 10 months ago

Delhi high court rejects govt plea against RIL

Live Mint  

The Delhi high court on Tuesday dismissed a petition filed by the Union government against a consortium led by Reliance Industries Ltd regarding a gas dispute in the Krishna Godavari basin. The ministry approached the court after an international arbitration panel rejected its fine of $1.55 billion on Reliance Industries and partners BP Plc and Niko Resources for allegedly selling …

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

Arbitration Cases Weekly Round-Up: 23 To 29 October, 2022
2 years, 4 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 …

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, 10 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 …

Delhi High Court Affirms No Embargo To Appointment Of An Arbitrator In Multiple Cases Under A&C Act
3 years, 1 month ago

Delhi High Court Affirms No Embargo To Appointment Of An Arbitrator In Multiple Cases Under A&C Act

Live Law  

In another recent judgment of the Delhi High Court in a petition under Section 11 of the Arbitration and Conciliation Act, 1996 challenging the appointment of an Arbitrator, the High Court affirmed the settled law that there is no bar in appointment of an Arbitrator in multiple cases, if so warranted. On the challenge to the appointment of its nominee …

Delhi High Court Says It Will Pass Its Order On Centre's Appeal Against Vodafone Grp Plc
4 years, 3 months ago

Delhi High Court Says It Will Pass Its Order On Centre's Appeal Against Vodafone Grp Plc

Live Law  

A Division Bench of Justice Rajiv Sahai Endlaw and Justice Asha Menon today said it would pass its order on an appeal by the Centre to restrain Vodafone Group Plc from initiating second arbitration proceedings under the India-UK Bilateral Protection Agreement, after the Centre asked the court to defer the appeal sine die, refusing to make a statement on whether …

Arbitration: Court Reckoner - July 2020
4 years, 6 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 Vacates Its Stay On Appointment Of Custodian Of The Undertakings Of New Delhi International Arbitration Centre [Read Order]
5 years, 10 months ago

Delhi HC Vacates Its Stay On Appointment Of Custodian Of The Undertakings Of New Delhi International Arbitration Centre [Read Order]

Live Law  

The Delhi High Court has vacated its order that stayed the appointment of Dr. Rajiv Mani, Joint Secretary & Legal Advisor, Department of Legal Affairs, Ministry of Law & Justice as the custodian of the undertakings of the International Centre for Alternative Dispute Resolution. The bench comprising the Chief Justice Rajendra Menon and Justice V Kameswar Rao vacated the order …

SC Seeks Centre’s Stand On A Plea Challenging The Appointment Of Sambit Patra And Shashi Shanker In ONGC
7 years ago

SC Seeks Centre’s Stand On A Plea Challenging The Appointment Of Sambit Patra And Shashi Shanker In ONGC

Live Law  

The Supreme Court on Monday sought to know Centre’s stand on allegations of arbitrary and malafide appointment of BJP Spokesperson Sambit Patra as the non-official independent director and that of Shashi Shanker as CMD of Oil & Natural Gas Corporation.The NGO Energy Watchdog moved Supreme Court after the Delhi High Court in November last year dismissed its challenge to the. …

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

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

PMT Gas Fields Case: SC dismisses plea of Centre against Arbitrator [Read the Judgment]
9 years, 5 months ago

PMT Gas Fields Case: SC dismisses plea of Centre against Arbitrator [Read the Judgment]

Live Law  

The Supreme Court on Tuesday dismissed Centre’s plea seeking removal of foreign arbitrator Peter Leaver, in a dispute between Reliance Industries and the Government over Panna Mukta and Tapti oil and gas fields.The Government’s case was argued by Solicitor General Ranjit Kumar, while the opposite party was represented by senior counsels Abhishek Manu Singhvi and Sameer. The Supreme Court on …

PMT Gas Fields Case: SC dismisses plea of Centre against Arbitrator [Read the Judgment]
9 years, 5 months ago

PMT Gas Fields Case: SC dismisses plea of Centre against Arbitrator [Read the Judgment]

Live Law  

The Supreme Court on Tuesday dismissed Centre’s plea seeking removal of foreign arbitrator Peter Leaver, in a dispute between Reliance Industries and the Government over Panna Mukta and Tapti oil and gas fields.The Government’s case was argued by Solicitor General Ranjit Kumar, while the opposite party was represented by senior counsels Abhishek Manu Singhvi and Sameer. The Supreme Court on …

SC lets RIL to hold arbitration in London
10 years, 9 months ago

SC lets RIL to hold arbitration in London

The Hindu  

In a relief to Reliance Industries, the Supreme Court on Wednesday allowed arbitration proceedings with the Centre to be held in London on the issue of payment of royalties and taxes relating to Panna, Mukta and Tapti oil and gas fields. Allowing appeal filed by Reliance Industries against a Delhi High Court verdict, the bench said that the High Court …

Supreme Court upholds Plea by Reliance and BG Group; Allows Arbitration in London
10 years, 9 months ago

Supreme Court upholds Plea by Reliance and BG Group; Allows Arbitration in London

Live Law  

A Supreme Court Bench of Justice S.S. Nijjar and Justice A.K. Sikri today, set aside the Delhi High Court order and allowed Reliance Industries Ltd. to go ahead with the arbitration in London over the row with the Centre on the Panna, Mukta and Tapti oil and gas fields. The dispute exists over reimbursement of royalties and taxes in the …

Only British courts can hear plea challenging arbitration: SC to RIL
10 years, 9 months ago

Only British courts can hear plea challenging arbitration: SC to RIL

Firstpost  

The verdict came on an appeal filed by Reliance challenging the Delhi High Court verdict which allowed the central government’s plea challenging the award of London arbitration tribunal against it. New Delhi: The Supreme Court on Wednesday ruled that only British courts can hear a petition that challenges the decision of a London arbitration tribunal on Panna-Mukta and Tapti gas …

SC allows Reliance Industries's plea seeking arbitration in London
10 years, 9 months ago

SC allows Reliance Industries's plea seeking arbitration in London

Firstpost  

The Supreme Court on Wednesday allowed the plea of Reliance Industries Ltd seeking arbitration in London over its dispute with the Centre on the Panna, Mukta and Tapti oil and gas fields. New Delhi: The Supreme Court on Wednesday allowed the plea of Reliance Industries Ltd seeking arbitration in London over its dispute with the Centre on the Panna, Mukta …

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