India Gearing Up For A Healthy And Conducive Arbitration Environment
8 years, 1 month ago

India Gearing Up For A Healthy And Conducive Arbitration Environment

Live Law  

Supreme Court Upholds "Neutrality Of Arbitrator" In Public Sector Contracts In the recent judgment of M/s. Voestalpine Schienen Gmbh vs. Delhi Metro Rail Corporation Ltd., the Supreme Court of India while upholding the concept of 'neutrality of arbitrators' envisaged under the amended Section 12 of the Arbitration and Conciliation Act 1996, has given. Voestalpine Schienen Gmbh vs. Delhi Metro Rail Corporation Ltd., the Supreme Court of India while upholding the concept of 'neutrality of arbitrators' envisaged under the amended Section 12 of the Arbitration and Conciliation Act 1996, has given some directions on the constitution of an arbitration panel to Delhi Metro Rail Corporation Ltd.,. However, Voestalpine objected to it on the basis that DMRC's panel consists of serving or retired engineers either of DMRC or of government department or public Sector undertakings and thus they do not qualify as independent arbitrators as per Section 12 read with clause of the 7th Schedule of the Act. Thus, the Supreme Court directed DRMC to evolve a broad based arbitration panel comprised of private sector engineers, Judges, lawyers and accountants etc., within a period of 2 months from the date of the order, instead of limiting their panel of arbitrators to 'serving or retired engineers of government departments or public sector undertakings'.

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History of this topic

International Commercial Arbitration | How To Determine Law Governing Arbitration Agreement? Supreme Court Discusses Tests
1 week, 3 days ago

International Commercial Arbitration | How To Determine Law Governing Arbitration Agreement? Supreme Court Discusses Tests

Live Law  

In a significant judgment relating to International Commercial Arbitration, the Supreme Court today ruled that in the absence of an express law governing the arbitration agreement, the applicable law should be determined based on the parties' intentions, with a strong presumption in favor of the law governing the main contract. After a dispute arose between the parties, the Petitioner sought …

Setting Aside Of Arbitral Award Leaves It Open To Parties To Choose To Arbitrate Again: Bombay High Court
1 week, 3 days ago

Setting Aside Of Arbitral Award Leaves It Open To Parties To Choose To Arbitrate Again: Bombay High Court

Live Law  

The Bombay High Court Bench of Justice Somsekhar Sundaresan has observed that once an arbitral award has been set aside by the court in the exercise of its powers under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, the parties would be restored to the original position and a fresh arbitration in such circumstances would not amount …

The Draft Arbitration And Conciliation Amendment Bill, 2024: A Step Towards Reforming India's Arbitration Framework?
1 month, 3 weeks ago

The Draft Arbitration And Conciliation Amendment Bill, 2024: A Step Towards Reforming India's Arbitration Framework?

Live Law  

The Draft Arbitration and Conciliation Bill, 2024, aims to significantly transform India's arbitration landscape. In Amazon v. Future Retail, the Supreme Court held that an award by an emergency arbitrator in an arbitration seated in India is “enforceable” under Section 17. The Draft Arbitration and Conciliation Bill, 2024, is an ambitious step towards modernizing India's arbitration landscape. With key reforms …

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

Concept Of Appointing Named Arbitrator Who Is An Interested Party Is No Longer Sustainable: Uttarakhand High Court
2 months, 1 week ago

Concept Of Appointing Named Arbitrator Who Is An Interested Party Is No Longer Sustainable: Uttarakhand High Court

Live Law  

The Uttarakhand High Court bench of Chief Justice G. Narendar has held that the concept of appointing a named Arbitrator, who himself is an interested party, is no longer sustainable. The main issue was whether the applicants are entitled to appointment of an Arbitrator dehors the stipulation in Clause 28.0, wherein it had been agreed that the Principal Secretary/Secretary, Department …

[Seat vs. Venue] Designated “Seat” Of Arbitration Has Exclusive Jurisdiction: Calcutta High Court Reiterates
2 months, 1 week ago

[Seat vs. Venue] Designated “Seat” Of Arbitration Has Exclusive Jurisdiction: Calcutta High Court Reiterates

Live Law  

The Calcutta High Court bench of Justice Soumen Sen and Justice Biswaroop Chowdhury has held that once the “seat” of arbitration is designated in an agreement, it is to be treated as the exclusive jurisdiction for all arbitration proceedings. The Court held that Mumbai would be both the seat and the venue of arbitration, and that Bombay High Court or …

Arbitration Is 'Arbitrator-Centric', Making The Right Choice Of Arbitrator Can Ease Problems For Parties: CJI Sanjiv Khanna
2 months, 1 week ago

Arbitration Is 'Arbitrator-Centric', Making The Right Choice Of Arbitrator Can Ease Problems For Parties: CJI Sanjiv Khanna

Live Law  

The Supreme Court today expressed the importance for arbitrating parties to choose their arbitrator wisely as the correct choice may ease several complexities that the parties may face in their dispute. The CJI, Justice Sanjiv Khanna during the hearing of an arbitration matter opined,"Arbitration is always Arbitrator centric. The CJI, Justice Sanjiv Khanna during the hearing of an arbitration matter …

Supreme Court Critiques Judicial Overreach in Arbitration
2 months, 1 week ago

Supreme Court Critiques Judicial Overreach in Arbitration

Deccan Chronicle  

The Supreme Court of India has delivered a significant critique of the judiciary's expanding role in arbitration, highlighting how “overbearing intellectualisation” by courts has become a major issue, undermining the efficacy of Indian arbitration. The Court raised concerns about how a strict interpretation of the legal provisions governing arbitration had been hindering the right of parties to challenge arbitral awards. …

Delhi HC Upholds Limited Judicial Interference In Arbitral Awards, Dismisses S.34 Plea Challenging Award Of ₹77.96 Crore In Telecom Dispute
2 months, 4 weeks ago

Delhi HC Upholds Limited Judicial Interference In Arbitral Awards, Dismisses S.34 Plea Challenging Award Of ₹77.96 Crore In Telecom Dispute

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma has observed that it is no longer res integra that while dealing with the objections under Section 34, a court does not sit in appeal over the arbitral award. The court observed that under Section 35, an award can be set aside only if the petitioner establishes that the parties …

Law ministry to discuss SC rulings for Arbitration Act amendment as costs issue persists
3 months, 2 weeks ago

Law ministry to discuss SC rulings for Arbitration Act amendment as costs issue persists

Live Mint  

New Delhi: The Union law and justice ministry will discuss judgements by the Supreme Court to amend the Arbitration and Conciliation Act, two people aware of the matter said. For perspective, in arbitration cases of government vs private parties, the government chooses one arbitrator from a panel it creates and asks the private party to choose another arbitrator from the …

Whether Arbitration Agreement Has All Essential Elements Can Better Be Decided By Tribunal U/S 16 Of A&C Act: Rajasthan High Court
3 months, 2 weeks ago

Whether Arbitration Agreement Has All Essential Elements Can Better Be Decided By Tribunal U/S 16 Of A&C Act: Rajasthan High Court

Live Law  

The Rajasthan High Court bench of Justice Sudesh Bansal has held that the issue of validity of arbitration agreement more particularly in respect of having essential elements of the arbitration agreement, can better be considered and decided on merits by the arbitration tribunal under section 16 of the Arbitration Act. They also submitted that Clause 22 of the NIB cannot …

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

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 …

Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement
Trending News
3 months, 3 weeks ago

Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement

Live Law  

The Delhi High Court Bench of Justice Sachin Datta has held that the scope of the present proceedings is confined to ascertaining the existence of the arbitration agreement. Observation of the court: The court held that the scope of the present proceedings is confined to ascertaining the existence of the arbitration agreement. Then, the court held that since the existence …

Arbitration Weekly Round-Up [25th November To 1st December, 2024]
3 months, 3 weeks ago

Arbitration Weekly Round-Up [25th November To 1st December, 2024]

Live Law  

Supreme Court S.29A Arbitration | 'Sufficient Cause' To Extend Time For Award Should Be Interpreted To Facilitate Effective Dispute Resolution : Supreme Court Case Title: M/S AJAY PROTECH PVT. 34078 of 2023 The Bombay High Court bench of Justice Arif S. Doctor has held that Section 9 of the A&C Act is not the correct mechanism to obtain relief against …

Well Reasoned Award Cannot Be Interfered With Under Section 37 Of Arbitration Act: Delhi High Court
4 months ago

Well Reasoned Award Cannot Be Interfered With Under Section 37 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justices Vibhu Bakhru and Tara Vitasta Ganju affirmed that Courts should not customarily interfere with Arbitral Awards that are well reasoned, and contain a plausible view.Judges, by nature, may incline towards using a corrective lens, however, under Section 34 of the Arbitration Act, this corrective lens is inappropriate especially under Section 37 of the …

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC
Trending News
4 months, 1 week ago

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC

Live Law  

The Delhi High Court bench of Justice Sachin Datta has held that the objections as regards the capacity of the party to initiate arbitration is an aspect which is necessarily required to be gone into the arbitration proceedings, however, the same could not preclude the constitution of an Arbitral Tribunal. The court held that a party may raise appropriate jurisdictional/preliminary …

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 …

De-Jure Ineligibility To Act As Arbitrator U/S 12(5) Of Arbitration Act Can Be Waived Only By Express Agreement In Writing: Delhi High Court
Trending News
4 months, 2 weeks ago

De-Jure Ineligibility To Act As Arbitrator U/S 12(5) Of Arbitration Act Can Be Waived Only By Express Agreement In Writing: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta affirmed that de jure ineligibility to act as an arbitrator can only be waived, after dispute having arisen, by the parties by an express agreement in writing under proviso to section 12 of the Arbitration Act. The court referred to the Delhi High Court judgment in Reliance Infrastructure Limited v. Madhyanchal …

Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court
4 months, 2 weeks ago

Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta has held that conduct of the parties has to be seen before granting equitable relief for specific performance of the contract. Brief Facts The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 assails an arbitral award dated 12.04.2022, whereby the arbitral tribunal has refused to grant specific …

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 …

Determining 'Seat' In International Arbitration : Supreme Court Takes Shift From 'Closest Connection Test', Says Express Designation Of Place Matters
4 months, 2 weeks ago

Determining 'Seat' In International Arbitration : Supreme Court Takes Shift From 'Closest Connection Test', Says Express Designation Of Place Matters

Live Law  

In a key ruling on International Commercial Arbitration, the Supreme Court held that when an arbitration agreement grants non-exclusive jurisdiction to a foreign court, that court is considered the "seat of arbitration." Taking a shift from the 'Close Connection Test' to determine the seat of the arbitration, the Court observed that “the more appropriate criterion for determining the seat of …

Institutionalizing Arbitration: The Crucial Role of Domain Experts in India's Appellate Tribunals
5 months ago

Institutionalizing Arbitration: The Crucial Role of Domain Experts in India's Appellate Tribunals

Live Mint  

Legal experts emphasize the importance of the right talent to yield successful results in arbitration tribunals. The introduction of appellate tribunals dedicated to arbitration would require the inclusion of domain experts to ensure technical accuracy and adherence to specialized sector rules. This would help retain cases within the country and establish India as a global arbitration hub.

Top court judge notes role of arbitration for resolution of disputes
6 months, 1 week ago

Top court judge notes role of arbitration for resolution of disputes

Hindustan Times  

Supreme Court judge, justice Surya Kant, on Sunday emphasised the growing importance of arbitration as a key mechanism for dispute resolution in an increasingly interconnected world. Justice Surya Kant In his valedictory address at the “Conference on International Arbitration and the Rule of Law”, the judge highlighted that India is positioning itself as a hub of international commercial arbitration as …

Constitution bench reserves judgment in arbitration case
6 months, 3 weeks ago

Constitution bench reserves judgment in arbitration case

Hindustan Times  

New Delhi A Constitution bench of the Supreme Court on Friday reserved its judgment on the complex legal question of whether one party in an arbitration can unilaterally appoint a panel of arbitrators and require the other party to select arbitrators from that panel. During the proceedings, the bench highlighted the critical importance of maintaining integrity in arbitration, particularly in …

Constitution bench says fairness key in arbitration
6 months, 3 weeks ago

Constitution bench says fairness key in arbitration

Hindustan Times  

A Supreme Court constitution bench on Thursday underscored the importance of fairness in arbitration, particularly in cases involving the government and public sector undertakings, stating that the government’s interest should extend beyond securing favorable outcomes, focussing instead on preserving the integrity of the arbitration process as a whole. The five-judge bench, led by Chief Justice of India Dhananjaya Y Chandrachud, …

India aims to be global arbitration hub. And cut costs for its biggest litigant.
7 months, 1 week ago

India aims to be global arbitration hub. And cut costs for its biggest litigant.

Live Mint  

New Delhi: The Union law ministry has commissioned a study of the legal frameworks in top international commercial centers as part of its efforts to position India as a global arbitration hub. The ministry is looking to address challenges in India’s arbitration system and improve the execution of arbitral awards, or out-of-court settlements, two officials said, declining to be identified. …

Delhi HC appoints arbitrator to deal with disputes between cricketer Yuvraj Singh, realtor
7 months, 3 weeks ago

Delhi HC appoints arbitrator to deal with disputes between cricketer Yuvraj Singh, realtor

Deccan Chronicle  

New Delhi: The Delhi High Court has appointed an arbitrator to adjudicate disputes between former Indian cricketer Yuvraj Singh and a real estate firm over alleged violation of his privacy rights in promotion of construction projects and for delaying delivery of a dwelling unit to him in the national capital. The high court said the arbitration would take place under …

Squelch Will Of Parties In Consumer Welfare Issues: Supreme Court Of India
8 months ago

Squelch Will Of Parties In Consumer Welfare Issues: Supreme Court Of India

Live Law  

The Supreme Court, in M. Hemalatha Devi and Ors. The SC delved in deliberation regarding the conflict caused due to the interplay between the 1980 Act and arbitration proceedings in Fair Air Engineers Ltd. v. N. K. Modi, 6 SCC 385 wherein SC noted that, considering the purpose of the 1980 Act which is for relieving the consumer from the …

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 …

Indian judiciary exercises prudence & restraint in interfering with arbitral awards: Justice Kohli
9 months, 2 weeks ago

Indian judiciary exercises prudence & restraint in interfering with arbitral awards: Justice Kohli

Hindustan Times  

New Delhi, The Indian judiciary exercises prudence and restraint in interfering with arbitral awards and judicial intervention on grounds of patent illegality or public policy ought to be an exceptional measure to be deployed sparingly, Supreme Court judge Justice Hima Kohli has said. Indian judiciary exercises prudence & restraint in interfering with arbitral awards: Justice Kohli {{^userSubscribed}} {{/userSubscribed}} {{^userSubscribed}} {{/userSubscribed}} …

Indian judiciary exercises prudence & restraint in interfering with arbitral awards: Justice Kohli
9 months, 2 weeks ago

Indian judiciary exercises prudence & restraint in interfering with arbitral awards: Justice Kohli

Hindustan Times  

New Delhi, The Indian judiciary exercises prudence and restraint in interfering with arbitral awards and judicial intervention on grounds of patent illegality or public policy ought to be an exceptional measure to be deployed sparingly, Supreme Court judge Justice Hima Kohli has said. Indian judiciary exercises prudence & restraint in interfering with arbitral awards: Justice Kohli She said the Supreme …

Now Is The Time For Countries Like India To Promote A Culture Of Commercial Arbitration: CJI DY Chandrachud
9 months, 3 weeks ago

Now Is The Time For Countries Like India To Promote A Culture Of Commercial Arbitration: CJI DY Chandrachud

Live Law  

Chief Justice of India DY Chandrachud, while delivering a speech at the UK Supreme Court, opined that that now is the time for countries such as India to focus on building a strong culture of commercial arbitration. CJI was delivering the speech on “ Law and Practice of commercial arbitration: Shared understandings and developments in UK and India.” At the …

Arbitration now preferred method for commercial justice: CJI Chandrachud
9 months, 3 weeks ago

Arbitration now preferred method for commercial justice: CJI Chandrachud

Hindustan Times  

Chief Justice of India Dhananjaya Y Chandrachud has underscored the pivotal role of arbitration in the realm of commercial justice, asserting that it is no longer an alternative but a preferred method of dispute resolution. Delivering his address at the Supreme Court of the United Kingdom on Thursday evening, the CJI highlighted the evolution of arbitration from a supplementary dispute …

Once Arbitration Agreement Is Confirmed, Court Should Refrain From Delving Into Other Issues: Delhi High Court
9 months, 3 weeks ago

Once Arbitration Agreement Is Confirmed, Court Should Refrain From Delving Into Other Issues: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Amit Bansal held that the role of the court is limited to verifying the existence of a valid arbitration agreement. Observations by the High Court: The High Court referred to Clause 26 in the EPC Contract which provided that in the event conciliation between the parties fails, disputes may be referred to arbitration. …

Issues On Merits, Should Be Raised Before Arbitrator, Not In Section 11 Proceedings ; Delhi High Court
10 months ago

Issues On Merits, Should Be Raised Before Arbitrator, Not In Section 11 Proceedings ; Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna held that objection regarding the insufficiency of service is considered to be on merits and therefore should be raised before the Arbitrator. Brief Facts: The petitioner, Delhivery Limited, and the Respondent, Far Left Retail Private Limited, entered into a Service Agreement, which later resulted in a dispute. Consequently, the Petitioner …

Inaugural Of The Arbitration Bar Of India
10 months, 1 week ago

Inaugural Of The Arbitration Bar Of India

Live Law  

The inaugural ceremony of the Arbitration Bar of India marked a significant milestone in the legal landscape of the country. The occasion was in attendance of the External Affairs Minister Dr. S. Jaishankar, Minister of Railways, Communications and Electronics and Information Technology Shri Ashwini Vaishnaw, Attorney General for India Mr. R Venkataramani, Solicitor General Mr. Tushar Mehta and ABI President …

Arbitration Weekly Round Up: 22nd April to 28th April 2024
10 months, 3 weeks ago

Arbitration Weekly Round Up: 22nd April to 28th April 2024

Live Law  

Allahabad High Court Court Under Section 19 Of MSMED Act, 2006 Empowered To Allow Predeposit In Installments: Allahabad High Court Case Title: M/S Docket Care Systems vs M/S Hariwill Electronics India Pvt. Delhi High Court Debt Acknowledged In Letters, Delhi High Court Grants Benefit Of Section 18 To Hold Invocation Of Arbitration Within Limitation Case Title: Paisalo Digital Limited v. …

Arbitration Weekly Round-up: 1st April to 7th April 2024
11 months, 2 weeks ago

Arbitration Weekly Round-up: 1st April to 7th April 2024

Live Law  

High Courts Allahabad High Court Allahabad High Court Directs Inquiry Against Officers Who Failed To File Arbitration Appeals Within Prescribed Limitation Case Title: Executive Engineer Drainage Division v. Ms Ayush Construction And Another The Allahabad High Court has directed Principal Secretary/Additional Chief Secretary, Irrigation, Uttar Pradesh to conduct an inquiry against officers who were responsible for filing appeals under Section …

Arbitration Monthly Round-Up -March 2024
11 months, 3 weeks ago

Arbitration Monthly Round-Up -March 2024

Live Law  

Supreme Court Court May Refuse To Appoint Arbitral Tribunal If S.11 Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court Case Title: M/s Arif Azim Co. Ltd. Without Copy of Challenged Arbitral Award, Impossible To Consider Grounds To Set Aside Award: Delhi High Court Dismisses Section 34 Petition Case Title: Spml Infra Limited vs Ntpc …

Arbitration Weekly Round-Up: 25th March to 31st March 2024
11 months, 4 weeks ago

Arbitration Weekly Round-Up: 25th March to 31st March 2024

Live Law  

Supreme Court Enforcement Of Foreign Award Must Be Refused Only Rarely, International Standards To Be Applied To Determine Bias : Supreme Court Case Title: AVITEL POST STUDIOZ LIMITED & ORS. Condonation Of Delay Re- Filing S. 34, A&C Act Application Must Be Allowed If Delay Is Procedural And Curable: Delhi High Court Case Title: Department Of Transport Govt Of Nct …

Arbitration Weekly Round Up: 26th May 2024 To 2nd June 2024
1 year, 1 month ago

Arbitration Weekly Round Up: 26th May 2024 To 2nd June 2024

Live Law  

Delhi High Court Awarding Interest Rate Is Discretion Of Arbitrator, Can't Be Claimed As Matter Of Right: Delhi High Court Case Title: M/S Space 4 Business Solution Pvt Ltd Vs The Divisional Commissioner Principal Secretary And Anr. The bench held that: “whether to grant or refuse the interest on the principle amount, is the absolute discretion of the learned Arbitrator.” …

IIAM: Panel Discussion On "Future-Proofing Investments: Trends In Arbitration" [25th February 2024]
1 year, 2 months ago

IIAM: Panel Discussion On "Future-Proofing Investments: Trends In Arbitration" [25th February 2024]

Live Law  

Indian Institute of Arbitration & Mediation is conducting a Panel Discussion on "Future-Proofing Investments: Trends in Arbitration" on 25th February 2024 at New Delhi. Bhat, Former Judge, Supreme Court of India Mr. Friedrich Rosenfeld, Partner at Hanefeld at Paris and Global Adjunct Professor of Law at NYU Paris Mr. Anil Xavier, Chairman APCAM & President IIAM Mr. Sidharth Sethi, Partner, …

Arbitration Weekly Round-Up: 15th January To 21st January 2024
1 year, 2 months ago

Arbitration Weekly Round-Up: 15th January To 21st January 2024

Live Law  

Supreme Court Supreme Court Issues Notice On Plea Challenging Validity Of Section 3G Of National Highways Act Case Title: B.D. Issues Related To Bias Of An Arbitrator And Conduct Of Arbitral Proceedings Cannot Be Determined Under Section 29A Of The A&C Act: Delhi High Court Reiterates Case Title: Vivek Aggarwal v. Hemant Aggarwal, OMP 29 of 2023 Citation: 2024 LiveLaw …

Arbitration Weekly Round-Up: 8th January-14th January 2024
1 year, 2 months ago

Arbitration Weekly Round-Up: 8th January-14th January 2024

Live Law  

Delhi High Court Arbitral Tribunal Can Award Damages For Delay Attributable To Employer Even When The Agreement Provides For The Extension Of Time As The Only Remedy To The Contractor: Delhi High Court Case Title: MBL Infrastructure Ltd v. DMRC, OMP 311 of 2021. A Clause That Restricts The Right Of The Contractor To Seek Damages For Delay Attributable To …

Arbitrability Of Competition Law Disputes In India
1 year, 2 months ago

Arbitrability Of Competition Law Disputes In India

Live Law  

The Competition Act does not specifically incorporate arbitration as a means of resolving antitrust law conflicts. The Argument Of Non-Obstante Cause Under The Arbitration Act Considering that section 5 of the arbitration act begins with a non-obstante clause and states that, notwithstanding anything in any other law, the jurisdiction of the Court is excluded where there is an arbitration agreement, …

Annual Digest of Arbitration Cases 2023- Supreme Court And High Courts (Part-1)
1 year, 2 months ago

Annual Digest of Arbitration Cases 2023- Supreme Court And High Courts (Part-1)

Live Law  

Supreme Court Arbitration Clauses In Unstamped Agreements Enforceable : Supreme Court 7-Judge Bench Overrules 'NN Global' Decision Case Title: In Re Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 Curative Pet No. Besides the uncertainties listed above, the 10,000 MTs of Met Coke has admittedly not been sold till date and …

Arbitration Monthly Round-Up: November 2023
1 year, 3 months ago

Arbitration Monthly Round-Up: November 2023

Live Law  

International Judgments Hong Kong Court Refuses To Enforce A Mainland Arbitration Award For Failure Of Arbitrator To Meaningfully Engage With Arbitral Proceedings Case Title: SONG LIHUA v. LEE CHEE HON, CONSTRUCTION AND ARBITRATION PROCEEDINGS NO. Section 29A Permits The Court To Extend The Mandate Of The Arbitral Tribunal Even When The Application Is Made After The Expiry Of Time Limit …

Arbitration Weekly Round-Up: 27th November to 3rd December
1 year, 3 months ago

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

Live Law  

Bombay High Court N.N. Court U/S 37 Of The A&C Act Can’t Undertake An Independent Assessment Of Arbitral Award,: Bombay High Court Case Title: Madgavkar Salvage v. Bergen Offshore Logistics Pvt Ltd, Comm. Taking into account the legal position, the case law on the subject and the particular facts in the present matter, the Court is accordingly of the view …

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