High Court As Court Of Record Can Recall Or Review Orders Passed U/S 11 Of Arbitration Act: Bombay High Court
4 months, 2 weeks ago

High Court As Court Of Record Can Recall Or Review Orders Passed U/S 11 Of Arbitration Act: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Manish Pitale has held that the moment it becomes clear that the power under Section 11 of the Arbitration Act is being exercised by the “High Court” and not by an authority in the form of the “Chief Justice or any person or institution designated by him”, there can be no confusion about the fact that as a constitutional court and court of record, this Court can exercise power of review even in the context of order passed under Section 11 of the Arbitration Act. That while the Court proceeded on the basis that the petitioners and respondent No.2 were partners of a partnership firm R-Cube Energy Storage Systems LLP, as a matter of fact, the said RCube Energy was earlier a limited liability partnership, but it stood registered as a private limited company in June 2019.This takes away the very basis of the order passed by this Court, dismissing the application filed under Section 11 of the Arbitration Act. Anwar and others Vs. Pushpalata Jain and others, the Supreme Court has held that the High Court was justified in exercising its power of review of the order passed on an application under Section 11 of the Arbitration Act, the court noted. Based on the above law, the court observed that the moment it becomes clear that the power under Section 11 of the Arbitration Act is being exercised by the “High Court” and not by an authority in the form of the “Chief Justice or any person or institution designated by him”, there can be no confusion about the fact that as a constitutional court and court of record, this Court can exercise power of review even in the context of order passed under Section 11 of the Arbitration Act.

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History of this topic

Application U/S 34 Of Arbitration Act Not Maintainable If Not Filed With Copy Of Arbitral Award: Delhi High Court
Trending News
1 week, 3 days ago

Application U/S 34 Of Arbitration Act Not Maintainable If Not Filed With Copy Of Arbitral Award: Delhi High Court

Live Law  

The Delhi High Court division bench of Justice Yashwant Varma and Justice Harish Vaidyanathan has held that an application under Section 34 of the Arbitration and Conciliation Act, 1996 is non-maintainable if it is not accompanied by a copy of the impugned award. The Single Judge after examining the material on record held that the original petition filed under Section …

Withdrawal Of MSMED Council Application Does Not Preclude Arbitration U/S 11, Even Without Council's Response: Delhi High Court
1 week, 5 days ago

Withdrawal Of MSMED Council Application Does Not Preclude Arbitration U/S 11, Even Without Council's Response: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Subramonium Prasad held that withdrawal of an application before the MSMED Council does not bar a party from seeking the appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, even in the absence of any corresponding response from the MSMED Council. Observations by the High Court: The High …

Anti-Arbitration Suit Giving Short-Shrift To Sec 16 A&C Act Is Hit By Order 7 Rule 11(d) Of CPC: Telangana High Court Reiterates
2 weeks, 3 days ago

Anti-Arbitration Suit Giving Short-Shrift To Sec 16 A&C Act Is Hit By Order 7 Rule 11(d) Of CPC: Telangana High Court Reiterates

Live Law  

The Telangana High Court has reiterated and clarified that suits initiated before Civil Courts to curb arbitration proceedings ignore section 16 of the Arbitration and Conciliation Act,1996, and deserve to be rejected under Order 7, Rule 11 as being barred by statute. The appellant herein filed an injunction suit before the trial court seeking to stop the Arbitration proceeding initiated …

Arbitration Weekly Round-Up [10th February-16th February]
1 month, 1 week ago

Arbitration Weekly Round-Up [10th February-16th February]

Live Law  

Supreme Court Case Title: AC CHOKSHI SHARE BROKER PRIVATE LIMITED VERSUS JATIN PRATAP DESAI & ANR. Jal Nigam And Another vs. Spml Infra Ltd. : 2025:AHC:20224 The Allahabad High Court bench of Justice Piyush Agrawal, placing reliance upon the judgment of the Supreme Court in Board of Control for Cricket in India vs. Kochi Cricket Private Limited & Others, held …

Section 36 Of Arbitration Act As Amended Applies To Pre-Amendment S.34 Applications: Allahabad High Court Reiterates
1 month, 1 week ago

Section 36 Of Arbitration Act As Amended Applies To Pre-Amendment S.34 Applications: Allahabad High Court Reiterates

Live Law  

The Allahabad High Court bench of Justice Piyush Agrawal, placing reliance upon the judgment of the Supreme Court in Board of Control for Cricket in India vs. Kochi Cricket Private Limited & Others, held that the amended Section 36 of the Arbitration and Conciliation Act, 1996 applies prospectively to court proceedings initiated on or after the date of commencement of …

Court At Designated Venue In Arbitration Agreement Can Entertain Application U/S 11 Of Arbitration Act: Bombay High Court
1 month, 1 week ago

Court At Designated Venue In Arbitration Agreement Can Entertain Application U/S 11 Of Arbitration Act: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the court having supervisory over designated venue of the Arbitration proceedings would have jurisdiction to entertain application under section 11 of the Arbitration and Conciliation Act, 1996 in absence of any contrary indicia indicating any other place to be the seat of arbitration. Observations: The court rejected the …

Award Cannot Be Set Aside When No Objections Were Raised Before Arbitrator Or Court U/S 12(5) Of Arbitration Act: Delhi High Court
1 month, 2 weeks ago

Award Cannot Be Set Aside When No Objections Were Raised Before Arbitrator Or Court U/S 12(5) Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justices C. Hari Shankar and Ajay Digpaul held that the award cannot be set aside solely on the ground that the appointment of the Arbitrator was illegal in view of section 12 of the Arbitration and Conciliation Act when no such objections were raised before the Arbitrator or the court under section 34 of …

Court Having Jurisdiction Over Seat Of Arbitration Would Be Entitled To Entertain Petition U/S 34 Of Arbitration Act: Jharkhand High Court
1 month, 3 weeks ago

Court Having Jurisdiction Over Seat Of Arbitration Would Be Entitled To Entertain Petition U/S 34 Of Arbitration Act: Jharkhand High Court

Live Law  

The Jharkhand High Court bench of Justice Sanjay Kumar Dwivedi has held that the court having jurisdiction over the seat of Arbitration would be entitled to entertain a petition under section 34 of the Arbitration Act. The opposite party challenged the maintainability of section 34 petition on the ground that since the arbitrator had been appointed by the Orissa High …

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 …

Arbitration Cases Weekly Round-Up [20th January-26th January 2025]
1 month, 3 weeks ago

Arbitration Cases Weekly Round-Up [20th January-26th January 2025]

Live Law  

Supreme Court Case Detail : M/S R.S. High Courts Bombay High Court Case Title: Health Care, Medical & General Stores Versus Amulya Investment,Through Proprietor Mr. Sameer G. Narvekar Citation: 2025 LiveLaw 23 The Bombay High Court bench of Justices A.S. Chandurkar and Rajesh S. Patil has held that service of a signed copy of an award on an employee of …

Appointment Of Arbitrator In International Commercial Arbitration By HC Does Not Vitiate Award: Delhi High Court
2 months ago

Appointment Of Arbitrator In International Commercial Arbitration By HC Does Not Vitiate Award: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice C. Hari Shankar has held that the appointment of the Arbitrator in an International Commercial Arbitration by the Chief Justice of the High Court, does not vitiate the impugned award. Observation of the Court: The High Court dealt with three key issues: Whether the appointment of the Arbitrator was in accordance with the …

Appeal U/S 37 Of Arbitration Act Not Maintainable Against Order Under O.VII R.10 CPC: Punjab And Haryana High Court
2 months ago

Appeal U/S 37 Of Arbitration Act Not Maintainable Against Order Under O.VII R.10 CPC: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court bench comprising of Justice Arun Palli and Justice Vikram Aggarwal has held that an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 Act read with Section 13 of the Commercial Courts Act, 2015 is not maintainable against an order passed under Order VII Rule 10 of the CPC directing the return …

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 …

Delhi High Court Reiterates Limited Scope Of Section 34 Of Arbitration & Conciliation Act
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 …

[Arbitration Act] Section 8 Application Must Be Filed Before Or Simultaneously With Written Statement: Calcutta High Court
2 months, 2 weeks ago

[Arbitration Act] Section 8 Application Must Be Filed Before Or Simultaneously With Written Statement: Calcutta High Court

Live Law  

The Calcutta High Court Bench of Justice Sabyasachi Bhattacharyya and Justice Subhendu Samanta held that when no application for reference to arbitration under Section 8 of the Arbitration Act is made by either party, the civil court may very well entertain the suit and proceed with the adjudication of the same on merits in accordance with law. Hence, in any …

High Court Which Appointed Arbitrator U/S 11(6) Of Arbitration Act Cannot Be Classified As “Court” U/S 42: Himachal Pradesh HC
2 months, 3 weeks ago

High Court Which Appointed Arbitrator U/S 11(6) Of Arbitration Act Cannot Be Classified As “Court” U/S 42: Himachal Pradesh HC

Live Law  

The Himachal High Court bench of Ms. Justice Jyotsna Rewal Dua has held that the High Court which exercises original civil jurisdiction cannot be classified as 'Court' for the purpose of Section 42 of the Arbitration and Conciliation Act when it merely appointed arbitrators under Section 11 of the Act. Section 42 of the Act will not be attracted where …

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 …

Monthly Digest Of Arbitration Cases: December 2024
2 months, 3 weeks ago

Monthly Digest Of Arbitration Cases: December 2024

Live Law  

Supreme Court Case : Kirpal Singh Vs Government Of India Citation : 2024 LiveLaw 970 The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996. Case Title: M/S GRANDSLAM DEVELOPERS PVT LTD v. AKSHAY GANDHI PROPRIETOR OF PRAXIS DESIGN SOLUTIONS Citation: 2024 LiveLaw 1351 The Delhi High Court …

Arbitration Weekly Round Up [9th December To 15th December 2024]
3 months, 1 week ago

Arbitration Weekly Round Up [9th December To 15th December 2024]

Live Law  

Supreme Court Case : Kirpal Singh Vs Government Of India Citation : 2024 LiveLaw 970 The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996. Case Title: Avtar Krishan Suri V/s The Estate Manager, J&K Small Scale Industries Development Corporation Ltd. Citation: 2024 LiveLaw 336 The Jammu & …

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court
3 months, 2 weeks ago

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court

Live Law  

The Bombay High Court bench of Justices Shailesh P. Brahme and S.G. Mehare has held that the jurisdiction of the High Court under Article 226/227 of the Constitution is not excluded from examining the validity of the interlocutory orders passed by the Arbitrator. S.B.P and Co. the Supreme Court has held that “the object of minimizing judicial intervention while the …

Arbitration Weekly Round-Up [ 2nd December To 8th December, 2024]
3 months, 2 weeks ago

Arbitration Weekly Round-Up [ 2nd December To 8th December, 2024]

Live Law  

High Courts Allahabad High Court Case Title: Anoop Maheshwari v. Thomas T. Kurian While entertaining a revision petition related to a tenancy agreement, the Allahabad High Court has held that a clause for arbitration cannot be invoked for any disputes that arise after the contract has come to an end. Bombay High Court Case Title: Bks Galaxy Realtors LLP v. …

Order Passed U/S 11 Cannot Be Recalled If Valid Arbitration Agreement Exists To Justify Reference Of Parties To Arbitration: Calcutta HC
3 months, 2 weeks ago

Order Passed U/S 11 Cannot Be Recalled If Valid Arbitration Agreement Exists To Justify Reference Of Parties To Arbitration: Calcutta HC

Live Law  

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that an order passed under section 11 of the Arbitration Act on the basis of an arbitration clause cannot be recalled merely on the ground that reply given to a notice under section 21 was suppressed. Brief Facts The present application has been filed seeking recall of an order …

Petition U/S 11 Of Arbitration Act Cannot Be Entertained After Lapse Of 3 Yrs From Date Of Cause Of Action Arising: J&K High Court
3 months, 2 weeks ago

Petition U/S 11 Of Arbitration Act Cannot Be Entertained After Lapse Of 3 Yrs From Date Of Cause Of Action Arising: J&K High Court

Live Law  

The Jammu & Kashmir And Ladakh High Court bench of Justice Tashi Rabstan has held that the petition under section 11 of the Arbitration Act cannot be entertained after lapse of 3 years from the date of cause of action having arisen. In the present case, the cause of action to file the petition under Section 11 of the Act, …

Ineligibility Of Arbitrator Cannot Be Challenged First Time Under Section 34 Of Arbitration Act: Madras High Court
3 months, 3 weeks ago

Ineligibility Of Arbitrator Cannot Be Challenged First Time Under Section 34 Of Arbitration Act: Madras High Court

Live Law  

The Madras High Court bench of of Chief justice Mr. K.R.Shriram and Justice Senthil Kumar Ramamoorthy has held that the ineligibility of the Arbitrator cannot be challenged for the first time under section 34 of the Arbitration Act when there were enough opportunities to challenge the same in the earlier proceedings. Later when the award was against the respondents, they …

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.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court
4 months ago

S.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that the provision of Section 12 of the Arbitration Act would applicable to arbitral proceedings which were initiated prior to 2015 Amendment came into force and continued thereafter. In the meantime, the Arbitration Act was amended and as Section 12 was inserted on 23.10.2015, the petitioner submitted …

Arbitration Weekly Digest 11th November-17 th November 2024
4 months ago

Arbitration Weekly Digest 11th November-17 th November 2024

Live Law  

Supreme Court Case Title: GOQII TECHNOLOGIES PRIVATE LIMITED VERSUS SOKRATI TECHNOLOGIES PRIVATE LIMITED, Citation : 2024 LiveLaw 891 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. Calcutta High Court Case Title: MINTECH GLOBAL PRIVATE LIMITED …

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court
4 months, 1 week ago

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Subramonium Prasad has held that pre requirement of conciliation in an arbitration clause before invoking the arbitration cannot be a bar to file an application under section 11 of the Arbitration Act seeking appointment of an Arbitrator. That disputes have arisen between the parties regarding payment of dues.,the Petitioner herein invoked Clause 17.7 …

Delhi High Court Verdict In Airports Authority Of India Case Is A Renewed Call To Uphold The Spirit Of The Arbitration Act
4 months, 2 weeks ago

Delhi High Court Verdict In Airports Authority Of India Case Is A Renewed Call To Uphold The Spirit Of The Arbitration Act

Live Law  

Almost all weekend conferences on Arbitration- organized with the intent to promote India as a 'hub for arbitration'- witness stakeholders coming together to call for increased predictability vis-à-vis enforcement of arbitral awards. Amidst most courts favoring judicial interference, the recent decision of the single-judge bench of the Delhi High Court dated 18.10.2024 in Airports Authority of India versus Delhi International …

Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court
4 months, 2 weeks ago

Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justices Rekha Palli and Saurabh Banerjee affirmed that the Court under section 37 of the Arbitration Act cannot undertake an independent assessment of the merits of the award, and must only ascertain that the exercise of power by the Court under Section 34 has not exceeded the scope of the provision Brief Facts The …

Arbitration Weekly Round-Up: 4th November To 10th November 2024
4 months, 2 weeks 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, 2 weeks 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 …

Delhi High Court Rejects Petitioner's Request to Stay Termination of Lease Agreement
4 months, 3 weeks ago

Delhi High Court Rejects Petitioner's Request to Stay Termination of Lease Agreement

Live Law  

The Delhi High Court has allowed a petition seeking stay of the effect and operation of the Termination Notice dated 01.10.2024 issued by the respondent No. 1 to the petitioner. The court held that the role of the court under section 9 of the Arbitration Act is to preserve the subject matter of the Arbitration till the arbitral tribunal decides …

Delhi High Court Grants Interim Measure to Protect Property From Being Wasted in Arbitration Case
5 months ago

Delhi High Court Grants Interim Measure to Protect Property From Being Wasted in Arbitration Case

Live Law  

The Delhi High Court has ruled that the court is not obligated to consider the merits or otherwise of the facts as stated by the litigants when exercising jurisdiction under Section 37 of the Arbitration Act. The court granted an interim measure to protect the property from being wasted or disposed of.

Arbitration Cases Monthly Digest: September 2024
5 months, 2 weeks ago

Arbitration Cases Monthly Digest: September 2024

Live Law  

Supreme Court Case Title: COX & KINGS LTD. Delhi High Court Case Title: Apex Buildsys Ltd. Vs Vadera Interiors And Exteriors and connected matter Citation: 2024 LiveLaw 956 The Delhi High Court bench of Justice C. Hari Shankar has held that objections related to the legality of an arbitrator's appointment cannot be raised in a petition seeking an extension of …

Court Has Power To Grant Anti-Enforcement Injunction Against Proceedings In Foreign Court Which Threaten Arbitral Process Initiated In India: Delhi High Court
7 months ago

Court Has Power To Grant Anti-Enforcement Injunction Against Proceedings In Foreign Court Which Threaten Arbitral Process Initiated In India: Delhi High Court

Live Law  

The Delhi High Court bench of Justice C. Hari Shankar has held that when proceedings in a foreign court, or a decree issued by a foreign court, threaten the arbitral process that may be initiated in India, the court has the authority under Section 9 of the Arbitration Act to restrain the party from continuing with the foreign proceedings or …

Arbitration Cases Monthly Digest: July 2024
7 months, 2 weeks ago

Arbitration Cases Monthly Digest: July 2024

Live Law  

Supreme Court Avoid Bulky Pleadings & Lengthy Submissions In Arbitration Appeals : Supreme Court To Advocates Case Title: Bombay Slum Redevelopment Corporation Private Limited Versus Samir Narain Bhojwani Citation : 2024 LiveLaw 445 Expressing displeasure over the filing of bulky and lengthy submissions in the arbitral proceedings, the Supreme Court on Monday called upon the Bar to urge only the …

Interim Measures U/s 17 Of Arbitration Act Affecting Third-Party Rights Is Appealable: Delhi High Court
8 months, 1 week ago

Interim Measures U/s 17 Of Arbitration Act Affecting Third-Party Rights Is Appealable: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Jasmeet Singh has held that a third party, whose rights for a registered charge are affected by an arbitral award, can challenge such award under Section 37 of the Arbitration and Conciliation Act, 1996. Regarding the creation of charge, the High Court held that the Dalmia Group failed to demonstrate the existence of …

Courts Must Refrain From Interim Orders Once Arbitral Tribunal Is Constituted Unless Urgency Demands: Delhi High Court
8 months, 1 week ago

Courts Must Refrain From Interim Orders Once Arbitral Tribunal Is Constituted Unless Urgency Demands: Delhi High Court

Live Law  

The Delhi High Court bench of Justice C. Hari Shankar has held that once an Arbitral Tribunal is in place, ordinarily a court should refrain from dealing with the matter even for the purposes of passing interlocutory orders unless the order is demonstrably one which cannot await the application of mind by the Arbitral Tribunal. If party is able to …

Arbitration Weekly Roundup: July 08 - July 14, 2024
8 months, 1 week ago

Arbitration Weekly Roundup: July 08 - July 14, 2024

Live Law  

Supreme Court Avoid Bulky Pleadings & Lengthy Submissions In Arbitration Appeals : Supreme Court To Advocates Case Title: Bombay Slum Redevelopment Corporation Private Limited Versus Samir Narain Bhojwani Citation : 2024 LiveLaw 445 Expressing displeasure over the filing of bulky and lengthy submissions in the arbitral proceedings, the Supreme Court on Monday called upon the Bar to urge only the …

Calcutta High Court Strikes Down Arbitration Clause As Unconstitutional, Upholds Subcontractor's Right To Independent Dispute Resolution
8 months, 2 weeks ago

Calcutta High Court Strikes Down Arbitration Clause As Unconstitutional, Upholds Subcontractor's Right To Independent Dispute Resolution

Live Law  

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has struck part of the arbitration clause as being violative of Article 14 of the Constitution. The High Court noted that the clause provided a clear bar against arbitration for disputes between the subcontractor and the contractor, using negative language to indicate this prohibition. The High Court noted that clause 14.0 …

Arbitration Cases Half Yearly Digest: January To June 2024
8 months, 2 weeks ago

Arbitration Cases Half Yearly Digest: January To June 2024

Live Law  

Supreme Court 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 The Supreme Court held that a High Court which does not have original civil jurisdiction does not have …

Chief Justice Or Their Designate Cannot Adjudicate Merits Of Dispute Under Section 11 Of Arbitration Act: Calcutta High Court
8 months, 3 weeks ago

Chief Justice Or Their Designate Cannot Adjudicate Merits Of Dispute Under Section 11 Of Arbitration Act: Calcutta High Court

Live Law  

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that it is completely beyond the domain of the Chief Justice and/or his designate, sitting in jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996, to adjudicate even prima facie on the merits of an arguable issue involved in the matter, which would fall categorically within the …

Arbitration Weekly Roundup: June 24 - June 30, 2024
8 months, 3 weeks ago

Arbitration Weekly Roundup: June 24 - June 30, 2024

Live Law  

Delhi High Court Objections Regarding Time-Barred Claims Under Section 11 Petition Should Be Left For Arbitral Tribunal: Delhi High Court Case Title: Capri Global Capital Limited Vs Ms Kiran Case Number: ARB.P. Orrisa High Court No Reappreciation Of Evidence Permitted Under Section 34 Of Arbitration Act, Arbitrator's Views Must Be Respected: Orissa High Court Case Title: Principal Secretary to the …

Original Civil Jurisdiction And Arbitration: Unpacking The Supreme Court's Ruling On Section 29A Of The Arbitration Act
8 months, 4 weeks ago

Original Civil Jurisdiction And Arbitration: Unpacking The Supreme Court's Ruling On Section 29A Of The Arbitration Act

Live Law  

The recent ruling of the Supreme Court in Chief Engineer PWD v. M/s. Additionally, the DHC Act empowered the Delhi High Court with ordinary original civil jurisdiction over the Union territory of Himachal Pradesh. The HP Act established the High Court of Himachal Pradesh, conferring upon it the jurisdiction, powers, and authority previously exercised by the Delhi High Court under …

No Reappreciation Of Evidence Permitted Under Section 34 Of Arbitration Act, Arbitrator's Views Must Be Respected: Orissa High Court
9 months ago

No Reappreciation Of Evidence Permitted Under Section 34 Of Arbitration Act, Arbitrator's Views Must Be Respected: Orissa High Court

Live Law  

The Orrisa High Court bench of Justice D. Dash held that in a petition under Section 34 of the Arbitration and Conciliation Act, 1996, reappreciating evidence is not allowed in order to replace the arbitrator's view with another. Observations by the High Court: The High Court referred to Section 37 of the Arbitration Act which states that an appeal can …

Arbitration Weekly Roundup: June 10 - June 16, 2024
9 months, 1 week ago

Arbitration Weekly Roundup: June 10 - June 16, 2024

Live Law  

Supreme Court 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 The Supreme Court held that a High Court which does not have original civil jurisdiction does not have …

Clause Of 'Amicable Resolution' Cannot Prevent Invocation Of Arbitration After Sincere Efforts At Settlement: Delhi High Court
9 months, 2 weeks ago

Clause Of 'Amicable Resolution' Cannot Prevent Invocation Of Arbitration After Sincere Efforts At Settlement: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma has held that the clause of 'amicable resolution' in the arbitration agreement cannot be read as preventing the parties from invoking the arbitration if the parties have sincerely tried to resolve the disputes amicably. The Petitioner filed an application in the High Court under Section 11 of the Arbitration and …

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