Mere Non­-Filing Of Original/Certified Copy Of Arbitration Agreement Does Not Entail Dismissal Of Application For Reference: SC [Read Judgment]
8 years, 4 months ago

Mere Non­-Filing Of Original/Certified Copy Of Arbitration Agreement Does Not Entail Dismissal Of Application For Reference: SC [Read Judgment]

Live Law  

What is prohibited is the entertainment of the application unless it is accompanied by the original arbitration agreement or a duly certified copy thereof, the Court said.The Supreme Court in Ananthesh Bhakta vs. Nayana A. Bhakta, has observed that filing of an application seeking reference to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, without producing. What is prohibited is the entertainment of the application unless it is accompanied by the original arbitration agreement or a duly certified copy thereof, the Court said. The Supreme Court in Ananthesh Bhakta vs. Nayana A. Bhakta, has observed that filing of an application seeking reference to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, without producing original or certified copy of the arbitration agreement, shall not entail rejection of the application under Section 8, if the applicant brings the original arbitration agreement on record at the time when the court is considering the application. On appeal, the apex court rejected the contention that it is mandatory to file the original arbitration agreement or a duly certified copy thereof along with the application seeking reference to the arbitration, observing thus: "what is prohibited is the entertainment of the application unless it is accompanied by the original arbitration agreement or a duly certified copy thereof."

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History of this topic

Non-Signatories To Arbitration Agreement Can Be Made Party To Dispute If Reliefs Sought Against Them Align With Those Sought Against Signatories: Calcutta HC
3 days, 8 hours ago

Non-Signatories To Arbitration Agreement Can Be Made Party To Dispute If Reliefs Sought Against Them Align With Those Sought Against Signatories: Calcutta HC

Live Law  

The Calcutta High Court bench of Justices Sabyasachi Bhattacharyya and Uday Kumar has observed that if the reliefs against the non-signatories to the arbitration agreement are in harmony with the reliefs sought against the signatories, particularly when the legal relationship between the signatories and non-signatories are on the same platform vis-a-vis the cause of action of the suit and the …

Plea That Signed Copy Of Award Was Not Received Cannot Be Raised For First Time In Appeal U/S 37 Of Arbitration Act: Gujarat High Court
1 month ago

Plea That Signed Copy Of Award Was Not Received Cannot Be Raised For First Time In Appeal U/S 37 Of Arbitration Act: Gujarat High Court

Live Law  

The Gujarat High Court bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi has held that the plea that limitation period for challenging the award under section 34 of the Arbitration and Conciliation Act, 1996 did not start as the signed copy of the award was not received by the party, cannot be raised for the first time in …

Appeal In Commercial Dispute Arising From Arbitration Act Must Be Filed Before Commercial Appellate Court, Not HC: Orissa High Court
1 month, 3 weeks ago

Appeal In Commercial Dispute Arising From Arbitration Act Must Be Filed Before Commercial Appellate Court, Not HC: Orissa High Court

Live Law  

The Orissa High Court bench of Justice S.K. Panigrahi has held that a plain reading of Sections 6 and 10 of the Commercial Courts Act, 2015, leads to the conclusion that the appropriate 'court' to consider a commercial dispute, even if it arises under the Arbitration and Conciliation Act, would be the commercial court and an appeal would, therefore, lie …

Issue Related To Existence Of Arbitration Agreement Cannot Be Decided Ex-Parte, Without Hearing Respondent: Delhi High Court
2 months ago

Issue Related To Existence Of Arbitration Agreement Cannot Be Decided Ex-Parte, Without Hearing Respondent: Delhi High Court

Live Law  

A Delhi High Court Bench of Justice Navin Chawla and Justice Shalinder Kaur held that the District Judge should not have decided the issue related to the existence of an arbitration agreement ex-parte, without calling upon the respondent to give its stand on the same. The District Judge dismissed the petition and held that the arbitration agreement contained in the …

Additional Evidence Can Only Be Allowed In Exceptional Circumstances While Deciding Plea U/S 34 Of Arbitration Act: Chhattisgarh HC
2 months ago

Additional Evidence Can Only Be Allowed In Exceptional Circumstances While Deciding Plea U/S 34 Of Arbitration Act: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court bench of Justice Rakesh Mohan Pandey has held that additional evidence not forming part of the arbitral record can be allowed to be given only in exceptional circumstances while hearing a petition under section 34 of the Arbitration Act. Brief Facts: The petitioner challenges an order passed by the commercial court by which an application under …

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court
3 months, 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

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna has held that section 2 of the Arbitration Act which defined the International Commercial Arbitration is a non derogable provision and its applicability cannot be excluded even by mutual consent of the parties. However, certain Sections of the Act, like S.2 which is the definition section, form the basic structure …

Filing Application U/S 8 Of Arbitration Act Before Statement On Substance Of Dispute Doesn't Waive Right To Invoke Arbitration Clause: Karnataka HC
3 months, 3 weeks ago

Filing Application U/S 8 Of Arbitration Act Before Statement On Substance Of Dispute Doesn't Waive Right To Invoke Arbitration Clause: Karnataka HC

Live Law  

The Karnataka High Court bench of Justice H.P. The court observed that the filing of the written statement and application for reference under Section 8 simultaneously cannot lead to an inference that the Appellant had submitted to the jurisdiction of the Civil Court and had waived its right to seek reference to arbitration. The Trial Court held that under Section …

Whether Non-Signatory Bound By Arbitration Agreement Can Be Decided By Tribunal, Not Referral Court U/S 11 Of Arbitration Act: Allahabad HC
4 months ago

Whether Non-Signatory Bound By Arbitration Agreement Can Be Decided By Tribunal, Not Referral Court U/S 11 Of Arbitration Act: Allahabad HC

Live Law  

The Allahabad High Court bench of Justice Manoj Kumar Gupta affirmed that referral court under section 11 of the Arbitration Act stage cannot examine as to whether the non-signatory is bound by the arbitration agreement or not. Brief Facts The instant application under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed by the applicants invoking the …

Referral Court Has Limited Role U/S 11 Of Arbitration Act To Verify Existence Of Arbitration Agreement: Rajasthan High Court
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4 months ago

Referral Court Has Limited Role U/S 11 Of Arbitration Act To Verify Existence Of Arbitration Agreement: Rajasthan High Court

Live Law  

The Rajasthan High Court bench of Justice Sudesh Bansal affirmed that the scope of arbitration application, in view of Section 11 of the Arbitration Act, 1996 is confined and limited to the extent of examining the existence of arbitration agreement between the parties for resolution of dispute. Brief Facts Applicant has filed instant arbitration application under Section 11 of the …

Unconditional Withdrawal Of Arbitrator Appointment Application Bars Second Application On Same Cause Of Action: Supreme Court
4 months, 1 week ago

Unconditional Withdrawal Of Arbitrator Appointment Application Bars Second Application On Same Cause Of Action: Supreme Court

Live Law  

The Supreme Court observed that when a party seeking appointment of an arbitrator unconditionally withdraws its application, then the subsequent application for an appointment of an arbitrator on the same cause of action would be barred.The bench comprising Chief Justice DY Chandrachud and Justice JB Pardiwala ruled that Order 23 Rule 1 of Civil Procedure Code, 1908 would be. The …

Proceedings For Cheque Dishonour U/s. 138 NI Act Do Not Constitute Continuing Cause Of Action To Initiate Arbitration: Supreme Court
8 months ago

Proceedings For Cheque Dishonour U/s. 138 NI Act Do Not Constitute Continuing Cause Of Action To Initiate Arbitration: Supreme Court

Live Law  

The Supreme Court recently observed that initiation of proceedings under the Negotiable Instruments Act, 1881 for cheque dishonour does not constitute continuing cause of action for initiating arbitration under the Arbitration and Conciliation Act, 1996. Therefore, the institution of the proceedings under Section 138 does not imply a 'continuing cause of action' for the purpose of initiating arbitration, as erroneously …

Cognizance Taken By Magistrate For Cheating And Forgery , Calcutta High Court Refuse To Refer Parties To Arbitration
11 months, 2 weeks ago

Cognizance Taken By Magistrate For Cheating And Forgery , Calcutta High Court Refuse To Refer Parties To Arbitration

Live Law  

The High Court of Calcutta has dismissed an application filed under Section 8 of the A&C Act by observing that the allegations of fraud and forgery would be serious in nature when the cognizance of the same is take by the magistrate. The bench of Justice Krishna Rao relied on the judgment of the Supreme Court in A. Ayyasamy vs. …

Arbitrator's Finding Based On Proper Appreciation And Interpretation Of Prevalent Conditions: Gujarat High Court Dismisses Section 37 Appeal
11 months, 3 weeks ago

Arbitrator's Finding Based On Proper Appreciation And Interpretation Of Prevalent Conditions: Gujarat High Court Dismisses Section 37 Appeal

Live Law  

The Gujarat High Court division bench of Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee dismissed appeal under Section 37 of the Arbitration and Conciliation Act, 1996 noting that arbitrator's finding was based upon the proper appreciation and interpretation of the prevalent conditions and the site inspection along with the documents on record. While the Arbitrator allowed only three …

Claims Related To Company Are Arbitrable Even Though It Is Non-Signatory To Arbitration Agreement, Delhi High Court Reinforces GOC Doctrine
1 year, 1 month ago

Claims Related To Company Are Arbitrable Even Though It Is Non-Signatory To Arbitration Agreement, Delhi High Court Reinforces GOC Doctrine

Live Law  

The Delhi High Court bench comprising Justice Pratibha M. Singh held that the disagreements related to the partners' business activities, whether conducted through the firm or the company, fall within the scope of arbitrable matters. Ltd. and held that common business ventures of the partners, whether conducted through the firm or the Company, fell within the purview of the arbitration …

Continuing To Contest The Suit Does Not Waive The Right To Arbitration When A Section 8 Objection Was Raised In Written Submissions And Arguments: Delhi High Court.
1 year, 4 months ago

Continuing To Contest The Suit Does Not Waive The Right To Arbitration When A Section 8 Objection Was Raised In Written Submissions And Arguments: Delhi High Court.

Live Law  

The High Court of Delhi has held that a party cannot be deemed to have waived off its right to arbitration merely because it continued to contest the suit when it had specifically raised objection to the maintainability of the suit due to the presence of the arbitration agreement. The bench of Justice C. Hari Shankar held that when a …

J&K Arbitration And Conciliation Act | Filing Application U/S 5 Not Bar To Referral For Arbitration U/S 8(1): High Court
1 year, 6 months ago

J&K Arbitration And Conciliation Act | Filing Application U/S 5 Not Bar To Referral For Arbitration U/S 8(1): High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has clarified that filing of the application under Section 5 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 cannot be construed as a submission of statement of the substance of the dispute within the meaning of Section 8 of the Act to create a legal bar in referring the matter …

Courts Can Partially Set Aside An Arbitration Award, Doctrine Of Severability Is Enshrined Under Section 34 Of The A&C Act: Delhi High Court
1 year, 7 months ago

Courts Can Partially Set Aside An Arbitration Award, Doctrine Of Severability Is Enshrined Under Section 34 Of The A&C Act: Delhi High Court

Live Law  

The Delhi High Court has held that the Courts exercising powers under Section 34 of the A&C Act has the power to partially set aside an arbitration award to strike off the offending portion of the award while retaining the remaining award. The Court taking note of the nature of the relief sought and the decision of the Supreme Court …

Arbitration Clause Extinguishes After Dissolution of Partnership; Gujarat High Court Rejects S.11 Petition
1 year, 10 months ago

Arbitration Clause Extinguishes After Dissolution of Partnership; Gujarat High Court Rejects S.11 Petition

Live Law  

The Gujarat High Court has ruled that once the partnership at will is dissolved, the arbitration clause contained in the partnership deed cannot be invoked to refer the dispute between the partners to arbitration. The court held that the term “dealing” would mean engaging in business and thus, for the dispute to fall within the ambit of the arbitration clause, …

Arbitration: Supreme Court Upholds Rejection Of S. 8 Application Since Cause Of Action Went Beyond Transaction Containing Arbitration Agreement
1 year, 10 months ago

Arbitration: Supreme Court Upholds Rejection Of S. 8 Application Since Cause Of Action Went Beyond Transaction Containing Arbitration Agreement

Live Law  

The Supreme Court has upheld the decision of the Gujarat High Court where it had upheld the rejection of an application filed under Section 8 of the Arbitration and Conciliation Act, 1996 in a commercial civil suit, noting that the cause of action of the suit went beyond the transaction containing the arbitration agreement. Referring to the facts of the …

Court May Decline To Refer Parties To Arbitration If Dispute Doesn’t Correlate To Arbitration Agreement: Delhi High Court Reiterates
1 year, 11 months ago

Court May Decline To Refer Parties To Arbitration If Dispute Doesn’t Correlate To Arbitration Agreement: Delhi High Court Reiterates

Live Law  

The Delhi High Court has reiterated that mere existence of an arbitration agreement or arbitration clause would not be sufficient to refer the parties to arbitration and that even in the presence of an arbitration agreement, the court may decline to refer the parties to arbitration if the dispute does not correlate to the said agreement. The bench of Justice …

Mere Reference To Proposal Containing An Arbitration Clause, Unilaterally Signed By One Party, Would Not Amount To An Arbitration Agreement: Bombay High Court
2 years, 6 months ago

Mere Reference To Proposal Containing An Arbitration Clause, Unilaterally Signed By One Party, Would Not Amount To An Arbitration Agreement: Bombay High Court

Live Law  

The Bombay High Court has ruled that in an agreement executed by both the parties which contains independent terms and conditions, a mere reference to a proposal containing an arbitration clause which was unilaterally signed by one party, would not amount to an arbitration agreement coming into existence between the parties. The petitioner argued that the said proposal containing an …

Contract Discharged By Settlement – Dispute Under Contract Is A Deadwood; Cannot Be Referred To Arbitration: Bombay High Court
2 years, 7 months ago

Contract Discharged By Settlement – Dispute Under Contract Is A Deadwood; Cannot Be Referred To Arbitration: Bombay High Court

Live Law  

The Bombay High Court has ruled that once a settlement is arrived at by the parties, the contract between the parties stands discharged by mutual agreement and hence, the dispute arising under the said contract is a deadwood which cannot be referred to arbitration. The respondent- L & T Stec JV submitted before the High Court that a Settlement Agreement …

Non-Filing Of Application U/S 8 Arbitration Act Before Civil Court Does Not Debar Party From Seeking Appointment Of Arbitrator: J&K&L High Court
2 years, 8 months ago

Non-Filing Of Application U/S 8 Arbitration Act Before Civil Court Does Not Debar Party From Seeking Appointment Of Arbitrator: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Tuesday reiterated that non-filing of an application under Section 8 of the Arbitration and Conciliation Act would not mean that the petitioner has surrendered to the jurisdiction of the court and left the right to get the disputes resolved through arbitration so as to debar the petitioner for seeking appointment of …

Arbitration Court Reckoner : June & July 2021
3 years, 6 months ago

Arbitration Court Reckoner : June & July 2021

Live Law  

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the months of June & July 2021 under the Arbitration & Conciliation Act, 1996. Section 7 Non-filing of any reply/objection despite service of notice of S. 11 petition would constitute acceptance of existence of arbitration agreement In Swastik Pipe …

Arbitration Reference Not Maintainable If Filed After Admission Of Insolvency Resolution Petition U/s 7 IBC: Supreme Court
3 years, 11 months ago

Arbitration Reference Not Maintainable If Filed After Admission Of Insolvency Resolution Petition U/s 7 IBC: Supreme Court

Live Law  

The Supreme Court observed that in any proceeding which is pending before the Adjudicating Authority under Section 7 of Insolvency and Bankruptcy Code, if such petition is admitted upon the Adjudicating Authority recording the satisfaction with regard to the default and the debt being due from the corporate debtor, any application seeking reference to arbitration. The Supreme Court observed that …

Application U/s 9 Of Arbitration & Conciliation Act Can Be Filed Where A Part Of The Cause Of Action Has Arisen: Calcutta HC [Read Order]
4 years, 5 months ago

Application U/s 9 Of Arbitration & Conciliation Act Can Be Filed Where A Part Of The Cause Of Action Has Arisen: Calcutta HC [Read Order]

Live Law  

The Calcutta High Court has observed that an application under section 9 of the Arbitration and Conciliation Act can be filed where a part of the cause of action has arisen.Justice Moushumi Bhattacharya observed that an application under section 9 for interim relief urged in the background of an arbitration agreement between the parties is time-sensitive where the court has …

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 …

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 …

Transferability of Arbitration Clauses: Comment On SC Decision in Giriraj Garg v. Coal India Limited
5 years, 5 months ago

Transferability of Arbitration Clauses: Comment On SC Decision in Giriraj Garg v. Coal India Limited

Live Law  

Abstract Arbitration, as an alternative model of dispute resolution, was founded upon the plinth of effective, fastidious, and straightforward conflict settlement in the arena of commercial horn locking, so that the procedural claptraps of classical courtroom litigation could be circumvented and conservation both in terms of time and money could be encouraged. A single-contract case is one where an arbitration …

Application Seeking Interim Relief Can Be Entertained Even If Contract Containing Arbitration Clause Is Insufficiently Stamped: Bombay HC (FB) [Read Judgment]
5 years, 11 months ago

Application Seeking Interim Relief Can Be Entertained Even If Contract Containing Arbitration Clause Is Insufficiently Stamped: Bombay HC (FB) [Read Judgment]

Live Law  

The Bombay High Court has held that a court, under the Arbitration and Conciliation Act, 1996, can entertain and grant any interim or ad-interim relief in an application under Section 9 of the said Act when a document containing arbitration clause is unstamped or insufficiently stamped. The full bench of the High Court also held that, in view of Section …

Application for Enforcement of Foreign Award Shall Not Be Dismissed Merely For Non-Production of Requisite Documents ‘At The Time Of Application’: SC [Read Judgment]
6 years, 4 months ago

Application for Enforcement of Foreign Award Shall Not Be Dismissed Merely For Non-Production of Requisite Documents ‘At The Time Of Application’: SC [Read Judgment]

Live Law  

“We make it clear that the said interpretation of the word “shall” as “may” is restricted only to the initial stage of the filing of the application and not thereafter”The Supreme Court has held that, at the initial stage of filing of an application for enforcement of a foreign award, non-compliance of the production of the documents mentioned in Section …

Application for Enforcement of Foreign Award Shall Not Be Dismissed Merely For Non-Production of Requisite Documents ‘At The Time Of Application’: SC [Read Judgment]
6 years, 4 months ago

Application for Enforcement of Foreign Award Shall Not Be Dismissed Merely For Non-Production of Requisite Documents ‘At The Time Of Application’: SC [Read Judgment]

Live Law  

“We make it clear that the said interpretation of the word “shall” as “may” is restricted only to the initial stage of the filing of the application and not thereafter”The Supreme Court has held that, at the initial stage of filing of an application for enforcement of a foreign award, non-compliance of the production of the documents mentioned in Section …

Limitation Period For Application For Setting Aside Arbitration Award Begins From The Date Of Signed Copy Of The Award Delivered To The Party Making It: SC [Read Judgment]
6 years, 11 months ago

Limitation Period For Application For Setting Aside Arbitration Award Begins From The Date Of Signed Copy Of The Award Delivered To The Party Making It: SC [Read Judgment]

Live Law  

The Supreme Court, in Anilkumar Jinabhai Patel v Pravinchandra Jinabhai Patel, has reiterated that the limitation period prescribed under Section 34 of the Arbitration and Conciliation Act would commence only from the date of the signed copy of the award delivered to the party making the application for setting it aside.The bench of Justice RK Agrawal and Justice R Banumathi …

Conflict And Conundrum: Section 26 Of The Arbitration And Conciliation (Amendment) Act, 2015
6 years, 11 months ago

Conflict And Conundrum: Section 26 Of The Arbitration And Conciliation (Amendment) Act, 2015

Live Law  

Section 26 of Arbitration and Conciliation Act, 2015 was enshrined to give hiatus to the controversy of applicable provisions to the pending arbitral proceedings. Nothing contained in this Act shall apply to the arbitral proceedings commenced, in accordance with the provisions of section 21 of the principal Act, before the commencement of this Act unless the parties otherwise agree but …

Conflict And Conundrum: Section 26 Of The Arbitration And Conciliation (Amendment) Act, 2015
6 years, 11 months ago

Conflict And Conundrum: Section 26 Of The Arbitration And Conciliation (Amendment) Act, 2015

Live Law  

Section 26 of Arbitration and Conciliation Act, 2015 was enshrined to give hiatus to the controversy of applicable provisions to the pending arbitral proceedings. Nothing contained in this Act shall apply to the arbitral proceedings commenced, in accordance with the provisions of section 21 of the principal Act, before the commencement of this Act unless the parties otherwise agree but …

Legality and Validity of substantive contract cannot be enquired under Section 8/Section 45 of Arbitration and Conciliation Act, 1996 [Read Judgment]
8 years, 6 months ago

Legality and Validity of substantive contract cannot be enquired under Section 8/Section 45 of Arbitration and Conciliation Act, 1996 [Read Judgment]

Live Law  

The scope of enquiry under the Section 45 is confined only to the question whether the arbitration agreement is “null and void, inoperative or incapable of being performed”, the Court observed.The Apex Court in Sasan Power Limited vs. North American Coal Corporation India Private Limited, has held that the scope of enquiry under the Section 8 and Section 45 of …

Significant Judgments On Arbitration And Conciliation Act, 1996 [May 2020 To July 2020]
28 years, 10 months ago

Significant Judgments On Arbitration And Conciliation Act, 1996 [May 2020 To July 2020]

Live Law  

Introduction The Arbitration and Conciliation Act, 1996 has been enacted in order to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation. With regard to applicability of Section 11 of the Arbitration Act to the facts of the instant case, the Delhi …

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