Arbitration Weekly Round-Up: 15th April to 21st April 2024
Live LawHigh Courts Bombay High Court Can A Section 29A Application Be Filed In The Commercial Court Or Only In The High Court? An Award Issued By Unilaterally Appointed Arbitrator Can Be Contested For Invalidity Of Appointment, Even By The Appointing Party: Delhi High Court Case Title: Telecommunication Consultants India Ltd v. Shivaa Trading Citation: 2024 LiveLaw 471 The High Court of Delhi has held that an award passed by a unilaterally appointed arbitrator can be challenged on ground of invalidity of such appointment and consequent lack of jurisdiction even by the party who made such an appointment. Notice Of Dispute To MSEF Council Under Section 18 Of MSMED Act Can Be Considered As Notice Of Arbitration Under Section 21 Of The A&C Act: Delhi High Court Case Title: M/s Advance Stimul v. GAIL India Citation: 2024 LiveLaw 457 The High Court of Delhi has held that a notice given by a party invoking jurisdiction of MSEF Council under Section 18 of the MSMED Act can be considered to be a notice of arbitration required under Section 21 of the A&C Act. Insistence On Pre-Arbitral Steps Would Be Meaningless When The Respondent Fails To Give Reply To Notices Issued By The Petitioner: Delhi High Court Case Title: Akhil Gupta v. Hindustan Unilever Ltd Citation: 2024 LiveLaw 456 The bench of Justice Prathiba M. Singh of Delhi High Court has held that pre-arbitral steps providing for resolution of disputes through mutual talks or through Ombudsman would lose its relevance when a party fails to give reply to notices issued by the other party seeking amicable settlement. Service On Whatsapp Number And Email Address Mentioned In The Agreement Constitutes A Valid Service: Delhi High Court Case Title: Lease Plan India Pvt Ltd v. Rudrakash Pharma Distributor Citation: 2024 LiveLaw 454 The Single Bench of Justice Prateek Jalan of High Court of Delhi has held that service of the petition on the WhatsApp number and the Email address mentioned in the agreement between the parties constitutes a valid service.