SC Strikes Down Section 87 Of Arbitration & Conciliation Act Inserted By 2019 Amendment [Updated With Judgment]
5 years, 3 months ago

SC Strikes Down Section 87 Of Arbitration & Conciliation Act Inserted By 2019 Amendment [Updated With Judgment]

Live Law  

In a significant judgment, the Supreme Court on Wednesday struck down Section 87 of the Arbitration and Conciliation Act 1996, which was inserted through the 2019 amendment Act passed by the Parliament last monsoon session.The judgment was delivered in the case Hindustan Construction Company Ltd v Union of India, which was heard by a bench comprising Justices R F Nariman, Surya Kant and. In a significant judgment, the Supreme Court on Wednesday struck down Section 87 of the Arbitration and Conciliation Act 1996, which was inserted through the 2019 amendment Act passed by the Parliament last monsoon session. In this backdrop, the bench concluded : "The result is that the BCCI judgment will therefore continue to apply so as to make applicable the salutary amendments made by the 2015 Amendment Act to all court proceedings initiated after 23.10.2015" In fact, the Kochi Cricket Club judgment had criticized the the move of the Government to introduce Section 87 through Amendment as follows : "The Government will be well-advised in keeping the aforesaid Statement of Objects and Reasons in the forefront, if it proposes to enact Section 87 on the lines indicated in the Government's press release dated 7th March, 2018. The immediate effect of the proposed Section 87 would be to put all the important amendments made by the Amendment Act on a back-burner, such as the important amendments made to Sections 28 and 34 in particular, which, as has been stated by the Statement of Objects and Reasons, ".have resulted in delay of disposal of arbitration proceedings and increase in interference of courts in arbitration matters, which tend to defeat the object of the Act", and will now not be applicable to Section 34 petitions filed after 23rd October,2015, but will be applicable to Section 34 petitions filed in cases where arbitration proceedings have themselves commenced only after 23rd October, 2015.

Arbitration Court Proceedings Judgment Court Amendment Proceedings Nariman Act 2015 Provision Section 34 Section 36 Justice Nariman 2019 Amendment Section 87  judgment  court  provision  amendment  proceedings  act  updated  sc  arbitration  2015  strikes  conciliation  87  inserted  nariman

History of this topic

Violation Of Provisions Of Arbitration Act Or MSMED Act Can Be Adjudicated By Court U/S 34 Of Arbitration Act: Orissa High Court
2 months ago

Violation Of Provisions Of Arbitration Act Or MSMED Act Can Be Adjudicated By Court U/S 34 Of Arbitration Act: Orissa High Court

Live Law  

An Orissa High Court bench of Justice K.R. Mohapatra has dismissed a writ petition upon holding that the petitioner, without availing the efficacious statutory remedy u/s 34 of the Arbitration Act had approached the Court under Articles 226 and 227 of the Constitution for which the Court was not inclined to exercise its discretionary power to entertain it. Additionally, the …

Supreme Court Flags Stringent Limitation Provisions Curtailing Arbitration Appeal Remedies, Urges Parliament To Address Issue
Trending News
2 months, 1 week ago

Supreme Court Flags Stringent Limitation Provisions Curtailing Arbitration Appeal Remedies, Urges Parliament To Address Issue

Live Law  

The Supreme Court raised concerns about the interpretation of limitation statutes in arbitration cases and observed that the rigid application of the law could curtail the limited remedy available under Section 34 of the Arbitration and Conciliation Act, 1996 to challenge arbitral awards. Justice Narasimha noted that Section 34 of the Arbitration Act, which prescribes a three-month limitation period for …

Arbitration Cases Annual Digest 2024
2 months, 3 weeks ago

Arbitration Cases Annual Digest 2024

Live Law  

Supreme Court Supreme Court Issues Notice On Plea Challenging Validity Of Section 3G Of National Highways Act Case Title: B.D. High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case Title: CHIEF ENGINEER PWD VERSUS M/S BSC & C and C JV Citation : 2024 LiveLaw 425 …

Arbitration Cases Quarterly Digest: October To December 2024
Trending News
2 months, 3 weeks ago

Arbitration Cases Quarterly Digest: October To December 2024

Live Law  

Supreme Court Case Title: R.P. Agreement Between Parties Must Be Given Primacy When Deciding Petition U/S 9 Of Arbitration Act: Delhi High Court Case Title: M/S INNOVATIVE FACILITY SOLUTIONS PVT LTD v. M/S AFFORDABLE INFRASTRUCTURE Citation: 2024 LiveLaw 1192 The Delhi High Court Bench of Mr. Justice Jasmeet Singh held that the role of the court under section 9 of …

Arbitration Act: Important Judgments By Supreme Court In 2024
2 months, 3 weeks ago

Arbitration Act: Important Judgments By Supreme Court In 2024

Live Law  

As the year 2024 nears its end, LiveLaw brings to you a summary of important Supreme Court judgments of the year rendered in connection with the Arbitration and Conciliation Act, 1996. High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case: Chief Engineer PWD v. M/s BSC …

Arbitration Act: Important Judgments By Supreme Court In 2024
2 months, 3 weeks ago

Arbitration Act: Important Judgments By Supreme Court In 2024

Live Law  

As the year 2024 nears its end, LiveLaw brings to you a summary of important Supreme Court judgments of the year rendered in connection with the Arbitration and Conciliation Act, 1996. High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case: Chief Engineer PWD v. M/s BSC …

S. 14 Limitation Act Applicable To Arbitration & Conciliation Act : Supreme Court
3 months, 1 week ago

S. 14 Limitation Act Applicable To Arbitration & Conciliation Act : Supreme Court

Live Law  

The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996.Section 14 of the Limitation Act provides for the exclusion of the time spent in pursuing bona fide proceedings in a wrong forum from the computation of the period of limitation.A bench comprising Justice PS Narasimha and Justice Manoj …

Section 29A Of Arbitration & Conciliation Act, 1996: Complications More Than Cure
3 months, 2 weeks ago

Section 29A Of Arbitration & Conciliation Act, 1996: Complications More Than Cure

Live Law  

This article is an attempt to highlight the complexities involved under Section 29A of the Arbitration & Conciliation Act, 1996. Ltd. v. General Manager & Anr., reiterated the principle that the extension of mandate under Section 29A shall be only for a “sufficient cause”. In Larsen and Toubro Ltd. v. IIC Limited and Anr., it is held by the Delhi …

Arbitration Monthly Digest: November, 2024
3 months, 3 weeks ago

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 …

S. 11(6) A&C Act | Referral Courts Should Limit Its Enquiry To Prima Facie Existence Of Arbitration Agreement : Supreme Court
Trending News
4 months ago

S. 11(6) A&C Act | Referral Courts Should Limit Its Enquiry To Prima Facie Existence Of Arbitration Agreement : Supreme Court

Live Law  

In a recent decision, the Supreme Court reiterated that the referral courts under Section 11 of the Arbitration & Conciliation Act, 1996 should refrain from conducting an in-depth factual analysis of the dispute. “The scope of inquiry under Section 11 of the Act, 1996 is limited to ascertaining the prima facie existence of an arbitration agreement. In our view, such …

S. 11(6) A&C Act | Referral Courts Should Limit Its Enquiry To Prima Facie Existence Of Arbitration Agreement : Supreme Court
Trending News
4 months ago

S. 11(6) A&C Act | Referral Courts Should Limit Its Enquiry To Prima Facie Existence Of Arbitration Agreement : Supreme Court

Live Law  

In a recent decision, the Supreme Court reiterated that the referral courts under Section 11 of the Arbitration & Conciliation Act, 1996 should refrain from conducting an in-depth factual analysis of the dispute. “The scope of inquiry under Section 11 of the Act, 1996 is limited to ascertaining the prima facie existence of an arbitration agreement. In our view, such …

Arbitration Weekly Round-Up: 4th November To 10th November 2024
4 months, 1 week ago

Arbitration Weekly Round-Up: 4th November To 10th 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 …

Arbitration Monthly Digest: October 2024
4 months, 1 week ago

Arbitration Monthly Digest: October 2024

Live Law  

Supreme Court Case Title: R.P. Case Title: LAVA INTERNATIONAL LIMITED Vs MINTELLECTUALS LLP Citation: 2024 LiveLaw 1114 The Delhi High Court bench comprising Justice Prateek Jalan has held that in orders passed by the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996, the court is not bound by the principles underlying Order XXXVIII and XXXIX of …

Special Appeal/ Letters Patent Appeal Against Order U/S.11 Of Arbitration Act Not Maintainable: Allahabad High Court
10 months ago

Special Appeal/ Letters Patent Appeal Against Order U/S.11 Of Arbitration Act Not Maintainable: Allahabad High Court

Live Law  

The Allahabad High Court has held that by virtue of Section 11 of the Arbitration and Conciliation Act, 1996, special appeal and letters patent appeal against orders passed under Section 11, and of the Act is not maintainable. Section 11 of the Arbitration and Conciliation Act, 1996 bars any appeal, including letters patent appeals against an order passed under Section …

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 …

Arbitral Awards Cannot Be Modified Under Sections 34 & 37 Of Arbitration & Conciliation Act : Supreme Court
1 year, 2 months ago

Arbitral Awards Cannot Be Modified Under Sections 34 & 37 Of Arbitration & Conciliation Act : Supreme Court

Live Law  

While deciding on a plea whether there is a scope of interference with arbitral awards under Section 34 and 37 of the Arbitration and Conciliation Act, 1996, the Supreme Court has reiterated the settled position of law that any attempt to “modify an award” while adjudicating Sections 34 and 37 petitions is not permissible under the Arbitration and Conciliation Act, …

100 Important Supreme Court Judgments Of 2023 - Part 4 [76 to 100]
1 year, 2 months ago

100 Important Supreme Court Judgments Of 2023 - Part 4 [76 to 100]

Live Law  

As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme Court judgments of the current year - a much-awaited article by our dear readers.The judgments are selected based on the following criteria - importance to the general public; settlement of a contested position of law; utility for practising lawyers, judges and students.A disclaimer is added. …

Supreme Court Judgements On Arbitration In 2023
1 year, 2 months ago

Supreme Court Judgements On Arbitration In 2023

Live Law  

Starting Point Of Limitation U/ Section 34 Arbitration Act In Cases Of Suo Motu Correction Of Award: Supreme Court Explains The Supreme Court observed that the starting point for the limitation under Section 34 Arbitration and Conciliation Act, in case of suo moto correction of the award, would be the date on which the correction was made and the corrected …

Speedy Justice And Lengthy Delays, The Arbitration Process
1 year, 5 months ago

Speedy Justice And Lengthy Delays, The Arbitration Process

Live Law  

Through the decades, it has been witnessed that Arbitration carries a huge possibility for delays either due to the court’s procedural interference or due to non-compliance with the limitation periods specified under the Act. This is because often when a party is dissatisfied with the final award and approaches the court to set it aside under Section 34 of the …

Application For Removal Of Arbitrator Must Be Made Before Same ‘Court’ As Envisaged In s.2 (i) (e) & s.42 Of Arbitration Act: Calcutta High Court
1 year, 7 months ago

Application For Removal Of Arbitrator Must Be Made Before Same ‘Court’ As Envisaged In s.2 (i) (e) & s.42 Of Arbitration Act: Calcutta High Court

Live Law  

The Calcutta High Court recently dismissed an application filed by M/S Gammon Engineers and Contractors Private Limited u/s 11, 14 and 15 of the Arbitration and Conciliation Act, 1996, for removal of arbitrator while challenging their unilateral appointment. Therefore, the bar under Section 42 would lie and all applications to be made to a ‘court’ must be made to the …

Arbitration Cases Weekly Round- Up: 11 June To 17 June 2023
1 year, 9 months ago

Arbitration Cases Weekly Round- Up: 11 June To 17 June 2023

Live Law  

High Courts: Allahabad High Court: Facilitation Council Which Was The Conciliator Under MSMED Act, Can Arbitrate The Dispute; Bar Contained In S. 80 Of Arbitration Act Not Applicable: Allahabad High Court Case Title: Bata India Limited & Anr. Bombay High Court: Arbitration: Application For Amendment Of Statement Of Claims Can Be Opposed On All Available Grounds, Including Ground Of Delay: …

Arbitration Cases Weekly Round-Up: 14 To 20 May, 2023
1 year, 10 months ago

Arbitration Cases Weekly Round-Up: 14 To 20 May, 2023

Live Law  

Supreme Court: Referral Court Has Duty To Conclusively Decide Issue Of ‘Existence & Validity Of Arbitration Agreement’ Raised At Pre-Referral Stage: Supreme Court Case Title: Magic Eye Developers Pvt. High Courts: Calcutta High Court: Arbitration: Calcutta High Court Allows S. 11 Application Being Consolidated Claim Under Different Purchase Orders Linked To A Single Main Contract Case Title: Godrej & Boyce …

Intention Of Legislature Is To Limit The Interference By The Courts In The Process Of Arbitration: Delhi HC
1 year, 10 months ago

Intention Of Legislature Is To Limit The Interference By The Courts In The Process Of Arbitration: Delhi HC

Live Law  

The Delhi High Court while dismissing the Petitions filed under Section 34 of Arbitration and Conciliation Act, 1996 has observed that it was deemed necessary by the legislature as well as the Courts to limit the interference by the Courts in the process of Arbitration, especially after the proceedings had been concluded. The Court also observed that unfettered intervention in …

Arbitration Clause Has To Be Given Effect Even If It Does Not Expressly State That Decision Of Arbitrator Is Final & Binding On Parties: Supreme Court
2 years, 6 months ago

Arbitration Clause Has To Be Given Effect Even If It Does Not Expressly State That Decision Of Arbitrator Is Final & Binding On Parties: Supreme Court

Live Law  

The Supreme Court observed that an arbitration clause has to be given effect even if it does not expressly state that the decision of the arbitrator will be final and binding on the parties.The deficiency of words in agreement which otherwise fortifies the intention of the parties to arbitrate their disputes, cannot legitimise the annulment of arbitration clause, the. The …

Arbitration Cases Weekly Round-Up: 28 August To 3 September, 2022
2 years, 6 months ago

Arbitration Cases Weekly Round-Up: 28 August To 3 September, 2022

Live Law  

Bombay High Court: Notice Under Section 21 Of A&C Act Issued; Court Not Barred From Exercising Jurisdiction Under Section 9: Bombay High Court Case Title: Relcon Infroprojects Ltd. & Anr. Refusal Of The Defendant To Amicably Settle The Dispute Satisfies The Requirement Of Pre-Litigation Mediation Under Commercial Courts Act: Delhi High Court Case Title: BOLT Technology OU versus Ujoy Technology …

Section 8 Of A&C Act Falls Outside The Scope Of Section 42: Madras High Court Reiterates
2 years, 6 months ago

Section 8 Of A&C Act Falls Outside The Scope Of Section 42: Madras High Court Reiterates

Live Law  

The Madras High Court has reiterated that Section 8 of the Arbitration and Conciliation Act, 1996 is an exception to Section 42 of the A&C Act. Thereafter, the petitioner filed an application under Section 34 of the A&C Act to set aside the arbitral award rendered against it, before the Madras High Court. When the Madras High Court raised the …

Section 11 Application Barred By Limitation; Parties Cannot Be Referred To Arbitration: Punjab and Haryana High Court
2 years, 8 months ago

Section 11 Application Barred By Limitation; Parties Cannot Be Referred To Arbitration: Punjab and Haryana High Court

Live Law  

The Punjab and Haryana High Court has reiterated that if the application for appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 is hopelessly time-barred, no arbitrator can be appointed by the High Court. The applicant filed an application before the Punjab and Haryana High Court under Section 11 of the Arbitration and Conciliation Act, 1996 …

Supreme Court Quarterly Digest 2022- ARBITRATION (Jan - Mar)
2 years, 9 months ago

Supreme Court Quarterly Digest 2022- ARBITRATION (Jan - Mar)

Live Law  

Arbitration Act, 1940; Section 30, 33 - Scope of interference by courts - A Court does not sit in appeal over an Award passed by an Arbitrator and the only grounds on which it can be challenged are those that have been specified in Sections 30 and 33 of the Arbitration Act, namely, when there is an error on the …

Absence Of Arbitration Agreement Make Article 137 Of Limitation Act Inapplicable To Arbitration Under Bihar PWCD Arbitration Tribunal Act, 2008: SC
2 years, 11 months ago

Absence Of Arbitration Agreement Make Article 137 Of Limitation Act Inapplicable To Arbitration Under Bihar PWCD Arbitration Tribunal Act, 2008: SC

Live Law  

The Supreme Court has observed that A. 137 of the Limitation Act, 1963 would have no application in arbitration proceedings commenced under Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 when there is no arbitration agreement between the parties. The Division Bench of Justice Abhay S. Oka and Justice Ajay Rastogi also observed that in absence of an arbitration …

Arbitration - 2015 Amendment Won't Apply To Section 34 Applications Filed Prior To It : Supreme Court
3 years, 4 months ago

Arbitration - 2015 Amendment Won't Apply To Section 34 Applications Filed Prior To It : Supreme Court

Live Law  

The Supreme Court has held that the 2015 amendment to Section 34 of the Arbitration and Conciliation Act 1996 will apply only to Section 34 applications that have been made after the date of the amendment. The Court notes that by way of the 2015 Amendment a distinction is sought to be carved out between a domestic award arising from …

Section 37 Arbitration Act A Complete Code; Order Under Sec 17(2) Enforcing Emergency Arbitrator's Award Not Appealable Under Sec.37 : Supreme Court
3 years, 7 months ago

Section 37 Arbitration Act A Complete Code; Order Under Sec 17(2) Enforcing Emergency Arbitrator's Award Not Appealable Under Sec.37 : Supreme Court

Live Law  

The Supreme Court has held that an order of enforcement of an Emergency Arbitrator's order made under Section 17 of the Arbitration and Conciliation Act is not appealable under Section 37 of the Act.Section 37 is a complete code so far as appeals from orders and awards made under the Arbitration Act are concerned, the bench of Justice RF Nariman …

Iuris Jura: 4 – Day Live Lecture Series On "Drafting Under Arbitration & Conciliation Act, 1996"
3 years, 7 months ago

Iuris Jura: 4 – Day Live Lecture Series On "Drafting Under Arbitration & Conciliation Act, 1996"

Live Law  

Iuris Jura started in the year 2020, aiming to create legal awareness and provides learning related to the law topics. ABOUT THE 4 – DAY LIVE LECTURE SERIES 𝙸𝚁𝙸𝚂 𝙹𝚄𝚁𝙰 takes immense pride in announcing that we are organizing a 4 Day - Live Lecture Series on "Drafting under Arbitration & Conciliation Act, 1996" ". Drafting of Applications under Section …

Limitation Act Provisions Will Apply To Arbitration Proceedings Initiated Under Section 18(3) MSMED Act: Supreme Court
3 years, 8 months ago

Limitation Act Provisions Will Apply To Arbitration Proceedings Initiated Under Section 18(3) MSMED Act: Supreme Court

Live Law  

The Supreme Court held that the provisions of Limitation Act will apply to to arbitration proceedings initiated under Section 18 of Micro, Small and Medium Enterprises Development Act, 2006.The bench comprising Justices Ashok Bhushan and R. Subhash Reddy observed that counter-claim is maintainable before the statutory authorities under MSMED Act.The bench held thus while dismissing an. The Supreme Court held …

The Glass Half Empty: Analysing The Arbitration And Conciliation (Amendment) Act, 2021
3 years, 11 months ago

The Glass Half Empty: Analysing The Arbitration And Conciliation (Amendment) Act, 2021

Live Law  

The Central Government on March 11, 2021 has notified the Arbitration and Conciliation Act, 2021, to repeal the Arbitration and Conciliation Ordinance, 2020 dated November 4, 2020. Section 43J of the Arbitration Act, 1996, as it stood before the amendment, detailed the qualifications, experience, and norms for accreditation of arbitrators by placing reliance on the Eighth Schedule to the Arbitration …

SC Overrules 'NV International' Verdict Which Held Delay Beyond 120 Days For Arbitration Appeal Under Section 37 Can't Be Condoned
4 years ago

SC Overrules 'NV International' Verdict Which Held Delay Beyond 120 Days For Arbitration Appeal Under Section 37 Can't Be Condoned

Live Law  

In a significant judgment, the Supreme Court on Friday overruled its 2019 verdict in the case M/s NV International vs State of Assam which had strictly held that a delay of more than 120 days in filing of appeals under Section 37 of the Arbitration and Conciliation Act 1996 cannot be condoned.The Top Court has now held that delay beyond …

Centre Notifies Arbitration & Conciliation (Amendment) Act 2021
4 years ago

Centre Notifies Arbitration & Conciliation (Amendment) Act 2021

Live Law  

The Central Government has notified the Arbitration and Conciliation Act, 2021. It seeks to amend the Arbitration and Conciliation Act, 1996 so as to enable automatic stay on awards if it is prima facie satisfied that the relevant arbitration agreement or contract/ making of the award was induced by fraud or corruption and omit Schedule VIII of the Act and …

Arbitration : Supreme Court Suggests Amendments To Sections 11(7), 37 To Bring Section 8 & 11 At Par On Appealability
4 years ago

Arbitration : Supreme Court Suggests Amendments To Sections 11(7), 37 To Bring Section 8 & 11 At Par On Appealability

Live Law  

The Supreme Court has observed that the amendments to Section 11 and 37 of the Arbitration and Conciliation Act, 1996 might be necessary so that the orders passed under Section 8 and 11 are brought on par as far as appealability is concerned.Section 8, which deals with the power of a court to refer parties to arbitration, was amended in …

High Court's Power Under Article 226/227 To Interfere With Arbitration Process Needs To Be Exercised In Exceptional Rarity: Supreme Court
4 years, 2 months ago

High Court's Power Under Article 226/227 To Interfere With Arbitration Process Needs To Be Exercised In Exceptional Rarity: Supreme Court

Live Law  

The Supreme Court has observed that the power of the High Courts under Article 226/227 of the Constitution of India to interfere with an arbitration process needs to be exercised in exceptional rarity, wherein one party is left remediless under the statute or a clear 'bad faith' shown by one of the parties. If the Courts are allowed to interfere …

The Story Of Arbitral Meddling: Analyzing The Arbitration And Conciliation Act (Amendment) Ordinance 2020
4 years, 4 months ago

The Story Of Arbitral Meddling: Analyzing The Arbitration And Conciliation Act (Amendment) Ordinance 2020

Live Law  

Introduction What can be perceived as nothing but an interesting move, the President has promulgated the Arbitration and Conciliation Act Ordinance, 2020 with the object of ensuring that stakeholders gets an opportunity to seek an unconditional stay of enforcement of arbitral awards where the underlying arbitration agreement or contract or making of the arbitral award are induced by fraud or …

Timelines For The Making Of An Arbitral Award In View Of The Arbitration And Conciliation (Amendment) Act, 2019 – The Continuing Saga Of Retrospective Applicability
4 years, 6 months ago

Timelines For The Making Of An Arbitral Award In View Of The Arbitration And Conciliation (Amendment) Act, 2019 – The Continuing Saga Of Retrospective Applicability

Live Law  

The Arbitration and Conciliation Act, 2019 came into force on 30.08.2019. The Supreme Court in BCCI referring to Section 29A of the Act, as incorporated in by way of Amendment of 2015 held it to be a procedural law, as it does not create new rights and liabilities, but held that amendment to be prospective in view of Section 26 …

Arbitration: 2019 Amendment To Section 29A Timeline Has Retrospective Effect From 23 October 2015, Holds Delhi HC [Read Judgment]
4 years, 7 months ago

Arbitration: 2019 Amendment To Section 29A Timeline Has Retrospective Effect From 23 October 2015, Holds Delhi HC [Read Judgment]

Live Law  

Infusing clarity on the applicability of the amended Section 29A of the Arbitration and Conciliation Act, 1996,, the Single Judge of the Delhi High Court in the case of ONGC PETRO ADDITIONS LIMITED vs. FERNS CONSTRUCTION CO. INC, pronounced on 21 July 2020, has found that the amendments to Section 29A in 2019, fixing the 12 month time frame from …

[Breaking] SC Applies Order Extending Limitation To Sec 29A & 23(4) Arbitration Act, Section 12A Commercial Courts Act
4 years, 8 months ago

[Breaking] SC Applies Order Extending Limitation To Sec 29A & 23(4) Arbitration Act, Section 12A Commercial Courts Act

Live Law  

The Supreme Court has applied its suo moto order extending limitation for filing of cases to Section 29A and 23 of the Arbitration and Conciliation Act, 1996 and Section 12A of the Commercial Courts Act, 2015.The order passed by a bench headed by Chief Justice of India on July 10 stated :"Section 29A of the Arbitration and Conciliation Act, 1996 …

Test For Allowing Or Rejecting An Amendment To 'Section 34' Arbitration Petition: Calcutta HC Explains [Read Judgment]
4 years, 9 months ago

Test For Allowing Or Rejecting An Amendment To 'Section 34' Arbitration Petition: Calcutta HC Explains [Read Judgment]

Live Law  

The Calcutta High Court has observed that the test for allowing or rejecting an amendment to existing grounds in an Arbitration Petition under Section 34 of Arbitration and Conciliation Act is whether the proposed grounds would necessitate filing of a fresh application for setting aside of the Award. The court was dealing with an application filed by a party seeking …

Sec 29A Arbitration Act :Power To Appoint Governs Power To Extend?
4 years, 9 months ago

Sec 29A Arbitration Act :Power To Appoint Governs Power To Extend?

Live Law  

The Arbitration & Conciliation Act, 2015 ushered in several sweeping changes in the Arbitration & Conciliation Act, 1996 with the laudable objective to make arbitration a preferred mode of dispute resolution of commercial disputes by seeking to make it efficacious, expeditious and cost effective. This question emerged as while the word used in S. 29A is 'Court', which would then …

The Interface Between Section 29A Of The Arbitration & Conciliation Act, 1996 And The Moratorium Imposed Under IBC
4 years, 10 months ago

The Interface Between Section 29A Of The Arbitration & Conciliation Act, 1996 And The Moratorium Imposed Under IBC

Live Law  

Section 29A of the Arbitration and Conciliation Act, 1996 provides an outer limit of 18 months to complete the arbitral proceedings, with the exception that in cases where sufficient cause is made out, the court may grant extension beyond the period of 18 months. that when such a moratorium is declared, the arbitral proceedings in question would stand suspended and …

Limitation Period For Applications Under Section 8 Of The Arbitration Act: How Late Is Too Late?
5 years ago

Limitation Period For Applications Under Section 8 Of The Arbitration Act: How Late Is Too Late?

Live Law  

Arbitration is hailed as one of the most preferred modes of dispute resolution, primarily in expectance of a speedy resolution of disputes. The Delhi High Court in ) has discussed anamendment introduced to Section 8 of the Arbitration Act, wherein a time period has been fixed for filing of an application for reference to arbitration in cases where an arbitration …

'India Cannot Become Hub Of Arbitration If You Go On Like This' : Justice Nariman Tells Centre On Sec 87 Of Arbitration Act
5 years, 5 months ago

'India Cannot Become Hub Of Arbitration If You Go On Like This' : Justice Nariman Tells Centre On Sec 87 Of Arbitration Act

Live Law  

While hearing a petition challenging constitutionality of Section 87 inserted in the Arbitration and Conciliation Act by the 2019 amendment, Supreme Court judge Justice R F Nariman expressed his criticism about the provision. "You have put the clock back", the judge told Solicitor General Tushar Mehta about the Section which nullified the effect of 2018 SC judgment deciding the prospective …

Section 34 Arbitration Act- Additional Evidence Can Be Adduced Only In Exceptional Cases: SC [Read Judgment]
5 years, 6 months ago

Section 34 Arbitration Act- Additional Evidence Can Be Adduced Only In Exceptional Cases: SC [Read Judgment]

Live Law  

The Supreme Court has held that proceedings under Section 34 of Arbitration and Conciliation Act will not ordinarily require anything beyond the record that was before the arbitrator and only in exceptional case, additional evidence can be permitted to be adduced.The bench comprising Justice R. Banumathi and Justice AS Bopanna was considering an appeal against a High Court. The Supreme …

Outer Limit Of 120 Days To File 'Section 34' Application To Set Aside Arbitral Award Not Diluted By 2015 Amendment: SC [Read Order]
5 years, 6 months ago

Outer Limit Of 120 Days To File 'Section 34' Application To Set Aside Arbitral Award Not Diluted By 2015 Amendment: SC [Read Order]

Live Law  

The Supreme Court has observed that the mandate under Section 34 of the Arbitration and Conciliation Act providing outer limit of 120 days to file an application to set aside Arbitral Award remains unchanged even after 2015 amendment of the Act. In this case, the application for setting aside the arbitral award was preferred beyond 120 days and the same …

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