Arbitration Barred In Respect Of Matters Within Exclusive Jurisdiction Of TDSAT Under TRAI Act: Kerala High Court
2 years, 3 months ago

Arbitration Barred In Respect Of Matters Within Exclusive Jurisdiction Of TDSAT Under TRAI Act: Kerala High Court

Live Law  

The Kerala High Court recently held that arbitration under the Arbitration and Conciliation Act, 1996 is barred in respect of matters which are within the exclusive jurisdiction of Telecom Disputes Settlement and Appellate Tribunal under the Telecom Regulatory Authority of India Act, 1997.Justice N. Nagaresh observed that TRAI Act is a special law and would prevail over. The Kerala High Court recently held that arbitration under the Arbitration and Conciliation Act, 1996 is barred in respect of matters which are within the exclusive jurisdiction of Telecom Disputes Settlement and Appellate Tribunal under the Telecom Regulatory Authority of India Act, 1997. "The Telecom Regulatory Authority of India Act, 1997 being a later statute and having been specially enacted for the Telecom Sector, will certainly prevail over the Arbitration and Conciliation Act, 1996. "It is therefore clear that the Special Law i.e., the Telecom Regulatory Authority of India Act, 1997 will prevail over general law i.e., the Arbitration and Conciliation Act, 1996.

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History of this topic

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. …

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 Act: Important Judgments By Supreme Court In 2024
3 months 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
3 months 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] 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 Cases Monthly Digest: September 2024
5 months, 3 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 …

Unsuccessful Conciliation Proceedings Can't Be Converted Into Arbitration Without Prior Declaration Of Termination: Telangana High Court
1 year, 1 month ago

Unsuccessful Conciliation Proceedings Can't Be Converted Into Arbitration Without Prior Declaration Of Termination: Telangana High Court

Live Law  

The Telangana High Court single bench of Justice T. Madhavi Devi held that if the facilitation conciliation proceedings are unsuccessful and terminated without any settlement, the council cannot be automatically converted into arbitral proceedings without a prior declaration of failure and termination of the conciliation process. Highlighting the distinctions, the High Court noted that arbitration proceedings, governed by Sections 18 …

Top 10 Arbitration Judgments [January To September 2023]
1 year, 5 months ago

Top 10 Arbitration Judgments [January To September 2023]

Live Law  

In recent times, several noteworthy judgments have been rendered by the Indian Courts in matters relating to the law of arbitration in India. Prior to the 2019 amendment, Section 34 of the Arbitration Act read that "an arbitral award could be set aside by the Court only if the the party making the application furnishes proof…". In conclusion, the Supreme …

Challenges Of Statute Mandated Arbitration Under The National Highways Act, 1956
1 year, 7 months ago

Challenges Of Statute Mandated Arbitration Under The National Highways Act, 1956

Live Law  

Background “Interminable, time-consuming, complex, and expensive court procedures impelled jurists to search for an alternative forum, less formal, more effective, and speedy for resolution of disputes, avoiding procedural claptrap and this led them to Arbitration Act, 1940. This being the case, it is a little difficult to appreciate as to why the wholesome regime of appeals under the Land Acquisition …

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

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

Live Law  

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

Delhi High Court Refuses To Interfere With TRAI's Recommendation For Rs 1050 Crore Penalty On Vodafone, Says TDSAT Can Decide Issue On Merits
1 year, 10 months ago

Delhi High Court Refuses To Interfere With TRAI's Recommendation For Rs 1050 Crore Penalty On Vodafone, Says TDSAT Can Decide Issue On Merits

Live Law  

The Delhi High Court has refused to interfere with Telecom Regulatory Authority of India’s recommendation to impose a penalty of Rs. Observing that the TDSAT has been empowered to deal with all disputes arising under the TRAI Act, the court observed that once the Tribunal gives the conclusion that the order dated 29.09.2021 of the Central Government is not sustainable …

'TRAI Regulations In Public Interest, No Arbitrariness Made Out': Kerala High Court Dismisses AIDCF's Plea Challenging New Tariff Order
1 year, 11 months ago

'TRAI Regulations In Public Interest, No Arbitrariness Made Out': Kerala High Court Dismisses AIDCF's Plea Challenging New Tariff Order

Live Law  

The Kerala High Court on Tuesday dismissed the plea filed by All Indian Digital Cable Federation challenging the Telecom Regulatory Authority of India's new Tariff Order, under which broadcasters had increased channel prices for cable TV operators for inclusion in bouquet from INR 12 to INR 19 per channel.AIDCF, which is an apex body with several multi system operators,. The …

Dispute Between Service Providers Can’t Be Referred to Arbitration: Bombay High Court
2 years, 2 months ago

Dispute Between Service Providers Can’t Be Referred to Arbitration: Bombay High Court

Live Law  

The Bombay High Court has ruled that the Telecom Regulatory Authority of India Act, 1997 is a self-contained Code, intended to deal with all disputes arising out of the Telecommunication Services provided in the country and therefore, the dispute between service providers which is likely to affect the consumers/subscribers, cannot be referred to arbitration. Thus, the Court concluded that the …

Arbitration Cases Weekly Round-Up: 2 October To 8 October, 2022
2 years, 5 months ago

Arbitration Cases Weekly Round-Up: 2 October To 8 October, 2022

Live Law  

Supreme Court: Arbitral Tribunal Must Give Reasons For Fixing Interest Rate; Award Holder Not Entitled To Interest For Delay Caused By It : Supreme Court Case Title: Executive Engineer versus Gokul Chandra Kanungo The Supreme Court recently held that a case where the award holder was responsible for delaying the proceedings which led to a huge lapse of time would …

Important Supreme Court Judgments On Arbitration Passed Recently
3 years, 10 months ago

Important Supreme Court Judgments On Arbitration Passed Recently

Live Law  

The Supreme Court of India has pronounced numerous judgments in the matters related to the Arbitration and Conciliation Act, 1996, from January, 2021 to May, 2021. Gavai and Hrishikesh Roy held that the object of speedy disposal sought to be achieved under the Arbitration Act and the Commercial Courts Act, for appeals filed under section 37 of the Arbitration Act …

Arbitration Court Reckoner : January 2021
4 years, 1 month ago

Arbitration Court Reckoner : January 2021

Live Law  

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of January 2021 under the Arbitration & Conciliation Act, 1996. Merely because the Section 9 proceedings entails disputed facts does not lead to dismissal of a Section 9 application/petition In Luxe Passion Private Limited v Freedom Roost, …

Order Of Commercial Court U/Sec 9 Of Arbitration & Conciliation Act Appealable: Kerala High Court
4 years, 4 months ago

Order Of Commercial Court U/Sec 9 Of Arbitration & Conciliation Act Appealable: Kerala High Court

Live Law  

An order under Section 9 of the Arbitration and Conciliation Act, passed by a Commercial Court below the level of a District Judge is appealable under Section 13 of the The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, the Kerala High Court has held.The Court observed thus while considering a petition challenging an order passed …

Kerala HC Stays TRAI Regulation On Freezing Of Placement Of Channels [Read Order]
5 years ago

Kerala HC Stays TRAI Regulation On Freezing Of Placement Of Channels [Read Order]

Live Law  

The High Court of Kerala on Monday stayed the amendment brought by Telecom Regulatory Authority of India in 2020 regarding the freezing of placement of channel in perpetuity.The interim order staying the amended provision in Regulation 18 of Telecommunication Services Interconnection Regulations 2020 was passed by Justice. The High Court of Kerala on Monday stayed the amendment brought by Telecom …

Trai moves SC against TDSAT order on predatory pricing
6 years, 2 months ago

Trai moves SC against TDSAT order on predatory pricing

Live Mint  

New Delhi: The Telecom Regulatory Authority of India has approached the Supreme Court against an TDSAT order dismissing its predatory pricing tariff rule, the parliament was informed Wednesday. Under the predatory pricing tariff rule, Trai had barred telecom operator with over 30% market share, offering services at a price which is below the average cost of service to reduce competition …

Arbitration Appeals Are Bound By Rules Of Limitation: Kerala HC [Read Order]
7 years, 8 months ago

Arbitration Appeals Are Bound By Rules Of Limitation: Kerala HC [Read Order]

Live Law  

A division bench of the High Court of Kerala has ruled that even in the absence of express provisions, arbitration appeals are bound by rules of limitation.An arbitration appeal under Section 37 of the Arbitration and Conciliation Act, 1996, was filed before the high court. The registry raised objections in numbering the appeal, as the same was preferred without a …

Arbitration Appeals Are Bound By Rules Of Limitation: Kerala HC [Read Order]
7 years, 8 months ago

Arbitration Appeals Are Bound By Rules Of Limitation: Kerala HC [Read Order]

Live Law  

A division bench of the High Court of Kerala has ruled that even in the absence of express provisions, arbitration appeals are bound by rules of limitation.An arbitration appeal under Section 37 of the Arbitration and Conciliation Act, 1996, was filed before the high court. The registry raised objections in numbering the appeal, as the same was preferred without a …

TRAI regulation on call drops arbitrary, unreasonable: SC
8 years, 10 months ago

TRAI regulation on call drops arbitrary, unreasonable: SC

The Hindu  

The Supreme Court on Wednesday struck down a TRAI regulation that made it mandatory for telecom companies to compensate subscribers for call drops holding it as “arbitrary, unreasonable and non-transparent.” “We have held the impugned regulation to be ultra vires, arbitrary, unreasonable and non-transparent,” a Bench comprising Justices Kurian Joseph and R.F. The apex court passed the judgment on the …

Amendment of Indian Arbitration Act: A Sigh of Relief for the Indian Arbitration Professionals and Clients!
9 years, 5 months ago

Amendment of Indian Arbitration Act: A Sigh of Relief for the Indian Arbitration Professionals and Clients!

Live Law  

The Indian arbitration scenario had always been abysmal. If the way in which arbitration proceedings were conducted under the 1940 Arbitration Act had made lawyers laugh and legal philosophers weep in view of unending prolixity, at every stage providing a legal trap to the unwary, the attempt to correct it under the 1996 Arbitration Act also failed. With a view …

Amendment of Indian Arbitration Act: A Sigh of Relief for the Indian Arbitration Professionals and Clients!
9 years, 5 months ago

Amendment of Indian Arbitration Act: A Sigh of Relief for the Indian Arbitration Professionals and Clients!

Live Law  

The Indian arbitration scenario had always been abysmal. If the way in which arbitration proceedings were conducted under the 1940 Arbitration Act had made lawyers laugh and legal philosophers weep in view of unending prolixity, at every stage providing a legal trap to the unwary, the attempt to correct it under the 1996 Arbitration Act also failed. With a view …

Attorney General suggests new Arbitration and Conciliation Act with timely and cost effective settlements
10 years, 3 months ago

Attorney General suggests new Arbitration and Conciliation Act with timely and cost effective settlements

Live Law  

Attorney General Mukul Rohatgi has advocated the repeal of Arbitration and Conciliation Act 1996, advising a new law with emphasis on timely settlement of business disputes and fixing greater onus on arbitrators against delay. The 246th Law Commission of India Report titled, ‘Amendment to the Arbitration and Conciliation Act, 1996’, had earlier in August, suggested some major changes to the …

Supreme Court notice to Centre, 11 telecom firms
14 years, 2 months ago

Supreme Court notice to Centre, 11 telecom firms

The Hindu  

The Supreme Court, which is already monitoring the investigation in the 2G spectrum scam, on Monday issued notice to the Centre on a petition seeking a direction to cancel the 2G spectrum licences allegedly issued illegally during the tenure of the former Communications Minister, A. Raja. Ganguly also issued notice to the 11 companies —Etisalat; Uninor; Loop Telecom; Videocon; S-Tel; …

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

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

Live Law  

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

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