Arbitration Cases Weekly Round-Up: 7th August To 13th August, 2022
2 years, 4 months ago

Arbitration Cases Weekly Round-Up: 7th August To 13th August, 2022

Live Law  

Andhra Pradesh High Court: Arbitration Agreement Not A Bar For Referring Parties To Facilitation Council Under MSMED Act:Andhra Pradesh High Court Case Title: M/s. Delhi High Court: Supersession Of The Arbitration Clause Must Not Be Inferred Lightly: Delhi High Court Case Title: Shristi Infrastructure Development Corporation Ltd. versus Ircon International Limited Citation: 2022 LiveLaw 778 The Delhi High Court has ruled that in view of the principle of 'when in doubt, do refer', as enunciated by the Supreme Court, if there is an arbitration agreement between the parties, which is sought to be negated by a party by citing other provisions of a contract, which requires interpretation of the contract, the Court must lean towards referring the matter to arbitration. Chennai Water Desalination Ltd. versus Chennai Metropolitan Water Supply and Sewerage Board Citation: 2022 Livelaw 346 The Madras High Court has ruled that limitation is a facet of public policy, and hence, an arbitral award which is incorrect qua limitation is hit by Section 34, read with Clause of Explanation 1 to Section 34 of the Arbitration and Conciliation Act, 1996. Orissa High Court: Section5 Limitation Act Application Not Required If Application Under Section 34 Of A&C Act Is Within Statutory Period: Orissa High Court Case Title: Faridabad Gurgaon Minerals versus Orissa Mining Corporation Ltd.

Arbitration Court Delhi High Court High Act Award Versus Madras High Court Livelaw Arbitral Orissa High Court Section 34  act  weekly  tribunal  arbitration  cases  13th  arbitral  versus  ac  roundup  award  title  court  7th  high  2022

History of this topic

Court's Jurisdiction U/S 34 Of Arbitration Act Against Award Under MSMED Act Is Determined By Agreement Between Parties: Gujarat HC
5 days, 6 hours ago

Court's Jurisdiction U/S 34 Of Arbitration Act Against Award Under MSMED Act Is Determined By Agreement Between Parties: Gujarat HC

Live Law  

The Gujarat High Court bench of Mrs. Chief Justice Sunita Agarwal and Mr.Justice Pranav Trivedi of has held that the jurisdiction of the Court to hear the application under Section 34 of the Arbitration Act' 1996 as to challenge the award passed under Section 18 of the MSMED Act' 2006, would be governed by the agreement between the parties which …

Delhi High Court Monthly Digest: December 2024 [Citations 1305 - 1394]
1 week, 2 days ago

Delhi High Court Monthly Digest: December 2024 [Citations 1305 - 1394]

Live Law  

Citations 2024 LiveLaw 1305 to 2024 LiveLaw 1394 NOMINAL INDEX DELHIVERY LIMITED versus STERNE INDIA PRIVATE LIMITED 2024 LiveLaw 1305 Panchhi Petha Store vs. Union Of India & Ors 2024 LiveLaw 1306 OVINGTON FINANCE PVT. Litigant's Conduct Trying To Protract Proceedings In Industrial Disputes Must Be Deprecated: Delhi High Court Imposes ₹20K Cost On Hospital Case Title: R B SETH …

Arbitration Cases Weekly Round Up [23rd December-29th December 2024]
1 week, 3 days ago

Arbitration Cases Weekly Round Up [23rd December-29th December 2024]

Live Law  

High Courts Calcutta High Court Case Title: Smt. Delhi High Court Restraining Party From Participating In Any Tender Process U/S 9 of Arbitration Act Will Actually Thwart Competition: Delhi High Court Case Title: LAS GROUND FORCE PRIVATE LIMITED & ANR. v. GOLDAIR HANDLING SA Citation: 2024 LiveLaw 1374 The Delhi High Court Bench of Chief Justice Subramonium Prasad has held …

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: December 22 - December 29, 2024
1 week, 3 days ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: December 22 - December 29, 2024

Live Law  

Nominal Index: National Insurance Company Vs Lateef Ahmad Kohli & Ors 2024 LiveLaw 347 JAMKASH VEHICLEADS KASHMIR PVT LIMITED & ANR Vs. M/S WUERTH INDIA PVT. LTD. & ANR 2024 LiveLaw 348 Rakesh Kumar Mahajan Vs Sidharth Wazir and others 2024 LiveLaw 349 Aaqib Rashid Sofi Vs Chairman, Jammu and Kashmir Grameen Bank and others 2024 LiveLaw 350 Imran Rashid …

Arbitration Act: Important Judgments By Supreme Court In 2024
2 weeks, 2 days 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 weeks, 2 days 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 Weekly Round Up [9th December To 15th December 2024]
3 weeks, 2 days 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 & …

Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court
3 weeks, 6 days ago

Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court

Live Law  

The Gujarat High Court bench of Justice Divyesh A. Joshi has held that mere existence of arbitration clause in the agreement does not bar jurisdiction of the civil court automatically. Courts generally construe the provisions strictly when jurisdiction of the civil courts is claimed to be excluded.” It further observed that in ITI Ltd. vs. Siemens Public Communications Network Ltd.,, …

Himachal Pradesh High Court Weekly Roundup: December 2 - December 8 2024
4 weeks, 2 days ago

Himachal Pradesh High Court Weekly Roundup: December 2 - December 8 2024

Live Law  

Nominal Index: National Highways Authority of India vs. Devi Ram & Others 2024 LiveLaw 78 Engineer-in-Chief & Ors. Versus Dev Raj 2024 LiveLaw 79 Suresh Kumar Vs State of H.P 2024 LiveLaw 80 Ashok Thakur v. State of Himachal Pradesh and Anr 2024 LiveLaw 81 Chaudhary Sarwan Kumar Versus Himachal Pradesh Farmers' Forum 2024 LiveLaw 82 Judgments/Orders: Himachal Pradesh High …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
1 month ago

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that "the notification whereby, a buttondar knife having blade dimensions …

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

Madras High Court Monthly Digest - November 2024
1 month ago

Madras High Court Monthly Digest - November 2024

Live Law  

CITATION: 2024 LiveLaw 415 to 2024 LiveLaw 464 NOMINAL INDEX M.Palanisamy v The Director of Town Panchayats, 2024 LiveLaw 415 Aunestraja v The State and Others, 2024 LiveLaw 416 B Vidyasagar v The Government of Tamil Nadu and Others, 2024 LiveLaw 417 M/s Jaiswal Products v State of Tamil Nadu, 2024 LiveLaw 418 The Union of India v The Registrar, …

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
1 month, 1 week 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]
1 month, 1 week 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 …

MSEFC Must Decide Question On Limitation Before Adjudicating Dispute On Merits: Telangana High Court
1 month, 1 week ago

MSEFC Must Decide Question On Limitation Before Adjudicating Dispute On Merits: Telangana High Court

Live Law  

The Telangana High Court bench of Justice P. Sam. Koshy, while hearing a petition filed under Article 227, has held that the issues of maintainability, particularly the question of limitation, are to be decided by the Micro and Small Enterprises Facilitation Council before proceeding to adjudicate the dispute on merits. Submissions: The counsel for the petitioner made the following submissions: …

Writ Jurisdiction Cannot Be Invoked To Challenge Arbitral Award, Only To Circumvent Statutory Requirement Of S.19 Of MSMED Act: Delhi High Court
1 month, 1 week ago

Writ Jurisdiction Cannot Be Invoked To Challenge Arbitral Award, Only To Circumvent Statutory Requirement Of S.19 Of MSMED Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sanjeev Narula, while hearing a writ petition challenging an arbitral award passed by the Micro and Small Enterprises Facilitation Council, has held that invoking the writ jurisdiction to challenge an arbitral award would circumvent the statutory requirement of pre-deposit u/s 19 of the MSMED Act, and would amount to defeating the legislative intent. …

Himachal Pradesh High Court Reiterates Limited Scope Of Court Intervention U/S 34 & 37 Of Arbitration & Conciliation Act
1 month, 2 weeks ago

Himachal Pradesh High Court Reiterates Limited Scope Of Court Intervention U/S 34 & 37 Of Arbitration & Conciliation Act

Live Law  

The Himachal Pradesh High Court bench of Justice Virender Singh has reiterated that the scope of interference with arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, is narrow and not akin to appellate jurisdiction. Brief Facts: The Government of India, by a notification under Section 3 of the National Highways Act, 1956, acquired land …

S.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court
1 month, 2 weeks 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 …

Bombay High Court Weekly Round-Up: November 11 - November 17, 2024
1 month, 3 weeks ago

Bombay High Court Weekly Round-Up: November 11 - November 17, 2024

Live Law  

Citations 2024 LiveLaw 580 to 2024 LiveLaw 593 Nominal Index: Naresh Goyal v. ED, 2024 LiveLaw 580 Onkar Kalmankar vs Public Information Officer, 2024 LiveLaw 581 Ashish Kishor Gadkari vs Election Commission of India, 2024 LiveLaw 582 M/S. vs. Rolta Private Limited And Anr., 2024 LiveLaw 586 Credit Agricole CIB Services Private Limited v. Union of India & Ors, 2024 …

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC
Trending News
1 month, 3 weeks 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 …

Referral Court Has Limited Role U/S 11 Of Arbitration Act To Verify Existence Of Arbitration Agreement: Rajasthan High Court
Trending News
1 month, 3 weeks 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 …

MSME Council Award Can Be Challenged Only U/S 34 Of Arbitration Act, Not Under Articles 226 Or 227: Orissa High Court
1 month, 3 weeks ago

MSME Council Award Can Be Challenged Only U/S 34 Of Arbitration Act, Not Under Articles 226 Or 227: Orissa High Court

Live Law  

The Odisha High Court bench of Chief Justice Chakradhari Sharan Singh and Justice Murahari Sri Raman has upheld that an arbitral award passed by the Micro and Small Enterprises Facilitation Council could only be challenged in accordance with Section 34 of the Arbitration and Conciliation Act, 1996, as mandated by Section 19 of the MSMED Act. Contentions: Mr. Sudipto Sarkar, …

Arbitration Weekly Round-Up: 4th November To 10th November 2024
1 month, 4 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 …

Plea Of Limitation Shall Be Deemed To Be Waived If Not Raised Before Arbitrator U/S 16 Of Arbitration Act: Madhya Pradesh High Court
1 month, 4 weeks ago

Plea Of Limitation Shall Be Deemed To Be Waived If Not Raised Before Arbitrator U/S 16 Of Arbitration Act: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court bench of Justice Subodh Abhyankar affirmed that plea of limitation cannot be allowed to be raised first time under section 34 of the Arbitration Act if no such plea was taken before the Arbitrator under section 16 of the Act. Brief Facts This arbitration appeal under Section 37 of the Arbitration and Conciliation Act 1996 …

Arbitration Monthly Digest: October 2024
1 month, 4 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 …

Telangana High Court Reiterates Limited Scope For Interference With Arbitral Awards U/S 34 Of Arbitration & Conciliation Act, 1996
2 months ago

Telangana High Court Reiterates Limited Scope For Interference With Arbitral Awards U/S 34 Of Arbitration & Conciliation Act, 1996

Live Law  

The Telangana High Court bench comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao has held that an interim order passed by an arbitral tribunal under section 17 of the Arbitration and Conciliation Act, 1996, restraining the encashment of a bank guarantee does not warrant interference under section 34 of the Act. The validity of the award was also …

High Court Holds that Applicant Must Dispute Contents of Plaint in Arbitration Case
2 months ago

High Court Holds that Applicant Must Dispute Contents of Plaint in Arbitration Case

Live Law  

The article discusses the impact of the Arbitration and Conciliation (Amendment) Act, 2015 on arbitration matters in India. The Act, which came into force in 2015, aimed to reduce judicial interference and ensure the timely resolution of Arbitration matters. However, there was uncertainty regarding its applicability to Arbitral Proceedings commenced before the Amendment Act came into force. Section 26 of …

Court Rules on Jurisdiction of Arbitral Tribunal: Determining Whether Dispute is Arbitrable under Section 16 of the Arbitration and Conciliation Act, 1996
2 months ago

Court Rules on Jurisdiction of Arbitral Tribunal: Determining Whether Dispute is Arbitrable under Section 16 of the Arbitration and Conciliation Act, 1996

Live Law  

The Telangana High Court Bench of Chief Justice Alok Aradhe affirmed that the Arbitral Tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. However, the issue of limitation is a jurisdictional issue, which would be required to be decided by the arbitrator under Section 16, and not the …

Delhi High Court Rules on Appointment of Arbitral Tribunal: Invalid Procedures Before Improper Arbitral Tribunal Are Non-Est
2 months, 2 weeks ago

Delhi High Court Rules on Appointment of Arbitral Tribunal: Invalid Procedures Before Improper Arbitral Tribunal Are Non-Est

Live Law  

The Delhi High Court has held that any proceedings before an improperly constituted arbitral tribunal are non-est. This means that any disputes arising from an improperly constituted arbitral tribunal are not subject to arbitration. The court also held that whether a particular claim is precluded from arbitration on account of being an excepted matter should be decided by a duly …

Bombay High Court Retains Exclusive Jurisdiction to Challenge Award Under Section 34 of Arbitration Act
2 months, 3 weeks ago

Bombay High Court Retains Exclusive Jurisdiction to Challenge Award Under Section 34 of Arbitration Act

Live Law  

The Bombay High Court has ruled that the jurisdiction of the Court to hear the application under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) to challenge the award passed under Section 18(4) of the MSMED Act would be governed by the agreement between the parties which has conferred exclusive jurisdiction to a particular Court.

Bombay HC Revokes Exclusive Jurisdiction of Mumbai Court in Section 34 Application
2 months, 3 weeks ago

Bombay HC Revokes Exclusive Jurisdiction of Mumbai Court in Section 34 Application

Live Law  

The Bombay High Court has ruled that the jurisdiction of the Court to hear the application under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) to challenge the award passed under Section 18(4) of the MSMED Act would be governed by the agreement between the parties which has conferred exclusive jurisdiction to a particular Court.

Arbitration Cases Monthly Digest: September 2024
3 months 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 …

Arbitration Cases Monthly Digest: July 2024
4 months, 3 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 …

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

Delhi High Court Appoints Arbitrator To Adjudicate Disputes Between Cricketer Yuvraj Singh, Developer Over Personality Rights Violation
5 months ago

Delhi High Court Appoints Arbitrator To Adjudicate Disputes Between Cricketer Yuvraj Singh, Developer Over Personality Rights Violation

Live Law  

The Delhi High Court has appointed an arbitrator to adjudicate disputes between Cricketer Yuvraj Singh and a developer over alleged violation of his privacy rights while promoting a real estate project and failure to adhere to the timeline for delivery of possession of an apartment in the project in the national capital.Justice C Hari Shankar appointed Advocate Mukesh Gupta, former …

Indirect Tax Weekly Round-Up: 21 To 27 July 2024
5 months, 1 week ago

Indirect Tax Weekly Round-Up: 21 To 27 July 2024

Live Law  

Supreme Court Customs Act | Owner Of Goods Liable To Pay Customs Duty Even After Confiscated Goods Are Redeemed Paying Fine : Supreme Court Case Title: M/S Navayuga Engineering Co. Ltd. Madras High Court Interest Can't Be Demanded When Entire Stamp Duty Paid During Pendency Of Appeal: Madras High Court Case Title: The Chief Revenue Controlling Authority Chennai Versus R.Muniyandi …

Interim Measures U/s 17 Of Arbitration Act Affecting Third-Party Rights Is Appealable: Delhi High Court
5 months, 2 weeks 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 …

Arbitration Weekly Roundup: July 08 - July 14, 2024
5 months, 3 weeks 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 …

Arbitration Cases Half Yearly Digest: January To June 2024
6 months 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
6 months 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
6 months, 1 week 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 …

Arbitration Weekly Roundup: June 10 - June 16, 2024
6 months, 3 weeks 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 …

Arbitration Weekly Roundup: 03rd June 2024 To 09th June 2024
6 months, 4 weeks ago

Arbitration Weekly Roundup: 03rd June 2024 To 09th June 2024

Live Law  

Delhi High Court Section 29A Allows Extension Requests Even After Arbitrator's Mandate Expires: Delhi High Court Case Title: Glowsun Powergen Private Limited Vs Hammond Power Solutions Private Limited Case Number: O.M.P. General Explanation Of Intra-departmental Analysis And Discussions Doesn't Constitute Credible Explanation For Delay In Filing Appeal: Delhi High Court Case Title: Telecommunication Consultants India Ltd Vs Ngbps Ltd Case …

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

Madras High Court Monthly Digest - May 2024
7 months ago

Madras High Court Monthly Digest - May 2024

Live Law  

Citations: 2024 LiveLaw 181 To 2024 LiveLaw 227 NOMINAL INDEX H Raja v State, 2024 LiveLaw 181 Safai Karamchari Andolan v Union of India and Others, 2024 LiveLaw 182 Ms. Monisha v The National Testing Agency and another, 2024 LiveLaw 183 State of TN & Ors Vs. C. Arnold, 2024 LiveLaw 184 S. Madhavan vs M/s THG Publishing Pvt. vs …

Where No Seat Is Specified In Arbitration Agreement, Jurisdiction Of Court Shall Be Determined In Accordance With Section 16 To 20 Of CPC: Delhi High Court
7 months ago

Where No Seat Is Specified In Arbitration Agreement, Jurisdiction Of Court Shall Be Determined In Accordance With Section 16 To 20 Of CPC: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna held that where no seat of arbitration is specified in the arbitration agreement, the jurisdiction of the court shall be determined in accordance with Section 16 to Section 20 of C.P.C. However, if the parties do not specify any seat/place of Arbitration, them the jurisdiction of the Court shall be …

Court Fully Empowered To Extend Mandate Even After Expiry Of Arbitral Tribunal's Mandate Under Section 29A(4): Delhi High Court
7 months, 1 week ago

Court Fully Empowered To Extend Mandate Even After Expiry Of Arbitral Tribunal's Mandate Under Section 29A(4): Delhi High Court

Live Law  

The Delhi High Court bench of Justice Prathiba M. Singh held the court is fully empowered to extend the mandate, even after the expiry of the mandate of the Arbitral Tribunal under Section 29A of the Arbitration and Conciliation Act, 1996. Feeling aggrieved, the Petitioner approached the Delhi High Court and filed a petition under Sections 29A & of the …

Andhra Pradesh & Telangana High Court Weekly Round-Up: May 13 – May 19, 2024
7 months, 2 weeks ago

Andhra Pradesh & Telangana High Court Weekly Round-Up: May 13 – May 19, 2024

Live Law  

Nominal index: M/s Shree Swaminarayan Travels vs M/s Oil Natural Gas Corporation Limited 2024 LiveLaw 33 Shaik Mahaboob John vs High Court of Andhra Pradesh. 2024 LiveLaw 81 Report: M/s Shree Swaminarayan Travels vs M/s Oil Natural Gas Corporation Limited 2024 LiveLaw 33 The Andhra Pradesh High Court bench of Chief Justice Dhiraj Singh Thakur held that to maintain an …

Arbitration Weekly Round-Up: 15th April to 21st April 2024
8 months, 2 weeks ago

Arbitration Weekly Round-Up: 15th April to 21st April 2024

Live Law  

High Courts Bombay High Court Can A Section 29A Application Be Filed In The Commercial Court Or Only In The High Court? An Award Issued By Unilaterally Appointed Arbitrator Can Be Contested For Invalidity Of Appointment, Even By The Appointing Party: Delhi High Court Case Title: Telecommunication Consultants India Ltd v. Shivaa Trading Citation: 2024 LiveLaw 471 The High Court …

Notice Of Dispute To MSEF Council Under Section 18 Of MSMED Act Can Be Considered As Notice Of Arbitration Under Section 21 Of The A&C Act: Delhi High Court
8 months, 3 weeks ago

Notice Of Dispute To MSEF Council Under Section 18 Of MSMED Act Can Be Considered As Notice Of Arbitration Under Section 21 Of The A&C Act: Delhi High Court

Live Law  

The High Court of Delhi has held that a notice given by a party invoking jurisdiction of MSEF Council under Section 18 of the MSMED Act can be considered to be a notice of arbitration required under Section 21 of the A&C Act. The bench of Justice Pratibha M. Singh held that prior to the judgment of the Supreme Court …

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