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 objections before the Arbitral Tribunal as regards the maintainability of the arbitration and/or the arbitrability of the claim. The court held that the objections raised by the Respondent as regards the capacity of the petitioner to initiate arbitration was an aspect which was necessarily required to be gone into the arbitration proceedings. The court held that it shall be open to the respondent to raise appropriate jurisdictional/preliminary objections before the Arbitral Tribunal as regards the maintainability of the arbitration and/or the arbitrability of the claim sought to be raised.

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History of this topic

Writ Petition Is Not An Appropriate Remedy To Seek Enforcement Of Arbitral Award: Delhi High Court
2 days, 17 hours ago

Writ Petition Is Not An Appropriate Remedy To Seek Enforcement Of Arbitral Award: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Jyoti Singh held that when a statutory forum is created by law for redressal of grievances, a writ petition should not be entertained ignoring the statutory dispensation. The court found merit in the preliminary objection of the Railways that a writ is not the appropriate remedy for the petitioner to seek enforcement of …

In Absence Of Separate 'Seat' Clause In Arbitral Agreement, Court Mentioned In 'Venue' Clause Has Exclusive Jurisdiction: Patna HC
3 days, 14 hours ago

In Absence Of Separate 'Seat' Clause In Arbitral Agreement, Court Mentioned In 'Venue' Clause Has Exclusive Jurisdiction: Patna HC

Live Law  

The Patna High Court bench of Acting Chief Justice Ashutosh Kumar has held that in the absence of any clause in the agreement apart from Clause 36.3, which speaks of the “venue” being Delhi, there cannot be any other inference or intention of the parties for the “venue” and the “seat” being different. Additionally, the court noted that the agreement …

Court Cannot Appoint Arbitrator In Absence Of Arbitration Agreement Between Disputing Parties: Orissa High Court
4 days, 17 hours ago

Court Cannot Appoint Arbitrator In Absence Of Arbitration Agreement Between Disputing Parties: Orissa High Court

Live Law  

The Orissa High Court has held that Court cannot appoint an arbitrator to resolve dispute between the parties in absence of any arbitration agreement. The Single Bench of Acting Chief Justice Arindam Sinha referred to Section 11 of the Arbitration and Conciliation Act to hold that – “Reference to arbitration can only be compelled when there is existence of an …

Court Cannot Interfere In Arbitration Proceedings At Final Stage, When Sufficient Opportunity Has Been Given To Claimant To Inspect Documents: Delhi HC
5 days, 15 hours ago

Court Cannot Interfere In Arbitration Proceedings At Final Stage, When Sufficient Opportunity Has Been Given To Claimant To Inspect Documents: Delhi HC

Live Law  

The Delhi High Court Bench of Justice Manoj Jain has upheld the order passed by the Arbitrator whereby an application seeking production of certain documents has been dismissed. Additionally, it said that the case is at the stage of final arguments and, therefore, the Court did not find any requirement of interfering with the abovesaid order, particularly, when the scope …

Arbitrator's Mandate Can Be Extended If Non-Completion Of Proceedings In 12 Months Is Due To Delays Not Attributable To Petitioner: Himachal Pradesh HC
1 week ago

Arbitrator's Mandate Can Be Extended If Non-Completion Of Proceedings In 12 Months Is Due To Delays Not Attributable To Petitioner: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court bench of Justice Ranjan Sharma has held that the mandate of the Arbitrator can be extended under Section 29A of the Arbitration and Conciliation Act, 1996 if the arbitral proceedings are not completed within 12 months due to reasons not attributable to the petitioner, as failing to do so would cause grave prejudice to the …

Court's Jurisdiction U/S 11(6) Of A&C Act Is Decided Under CPC When No Seat Or Venue Is Specified In Arbitration Agreement: Delhi High Court
1 week ago

Court's Jurisdiction U/S 11(6) Of A&C Act Is Decided Under CPC When No Seat Or Venue Is Specified In Arbitration Agreement: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Manoj Kumar Ohri has held that in the absence of a specified seat or venue in the Arbitration Agreement, the court's jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 is determined by Sections 16 to 20 of the Civil Procedure Code, 1908. It was further argued that when the arbitration …

Participation In Arbitral Proceedings Does Not Imply Acceptance Of Unilateral Appointment Of Arbitrator Unless Objections Are Waived In Writing: Delhi HC
1 week, 3 days ago

Participation In Arbitral Proceedings Does Not Imply Acceptance Of Unilateral Appointment Of Arbitrator Unless Objections Are Waived In Writing: Delhi HC

Live Law  

The Delhi High Court bench of Justice Subramonium Prasad has held that the mandate of the Arbitrator can be terminated under Section 14 of the Arbitration and Conciliation Act, 1996 if the Arbitrator was appointed unilaterally, which is explicitly prohibited under Section 12 of the Arbitration Act unless the ineligibility is expressly waived through a written agreement. It also held …

Non-Signatories To Arbitration Agreement Can Be Made Party To Dispute If Reliefs Sought Against Them Align With Those Sought Against Signatories: Calcutta HC
1 week, 4 days ago

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

Live Law  

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

International Commercial Arbitration | How To Determine Law Governing Arbitration Agreement? Supreme Court Discusses Tests
1 week, 6 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 …

Arbitral Tribunal Is Sole Judge Of Evidence, Court Not Required To Re-Evaluate Evidence U/S 34 Of Arbitration Act: Delhi High Court
2 weeks ago

Arbitral Tribunal Is Sole Judge Of Evidence, Court Not Required To Re-Evaluate Evidence U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tejas Karia held that the arbitrator is the ultimate master of the quantity and quality of evidence to be relied upon when he delivers his arbitral award. Also, the Court held that it is not required to reappreciate or reevaluate the evidence and reagitate the disputes under Section 34 …

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

Order Passed U/S 23(3) Of Arbitration Act Is Procedural & Not An Interim Award, Cannot Be Challenged U/S 34 Of Arbitration Act: Delhi High Court
2 weeks ago

Order Passed U/S 23(3) Of Arbitration Act Is Procedural & Not An Interim Award, Cannot Be Challenged U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Subramonium Prasad has held that an order dismissing an application under Section 23 of the Arbitration & Conciliation Act is only a procedural order and does not qualify as an 'interim award' amenable to challenge under Section 34 of the Arbitration & Conciliation Act Brief Facts of the case: The petitioner issued a …

Filing Written Statement Does Not Waive Right To Arbitration If Preliminary Objection Is Raised At Outset: Jammu & Kashmir High Court
2 weeks ago

Filing Written Statement Does Not Waive Right To Arbitration If Preliminary Objection Is Raised At Outset: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir High Court bench of Justice Rajnesh Oswal held that mere filing of the written statement in a suit does not constitute a waiver of right to arbitration if the party has raised a preliminary objection in respect of the arbitration clause at the outset. The High Court also noted that the Respondents didn't waive their right …

Withdrawal Of MSMED Council Application Does Not Preclude Arbitration U/S 11, Even Without Council's Response: Delhi High Court
2 weeks, 1 day 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 …

Arbitration Clause In Invoices Can Be Binding On Parties When They Acted Upon The Invoices And No Objections Were Raised: Bombay HC
2 weeks, 4 days ago

Arbitration Clause In Invoices Can Be Binding On Parties When They Acted Upon The Invoices And No Objections Were Raised: Bombay HC

Live Law  

The Bombay High Court bench of Justice Somasekhar Sundaresan has observed that where the correspondence between the parties included invoices which contained an arbitration clause and the parties acted upon those invoices without protesting, then it could be deemed that the party had accepted the arbitration clause. Contentions The Counsel for the Petitioner submitted that the arbitration agreement is contained …

Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court
2 weeks, 5 days ago

Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Manoj Kumar Ohri has reiterated that the scope of inquiry under Section 11 of the Arbitration and Conciliation Act, 1996, is limited to examining the prima facie existence of the arbitration agreement. It was further observed that if either party contests a prior settlement agreement, then such allegations cannot be looked into by …

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, 6 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 Agreement Valid Without Specifying 'Applicable Law', 'Seat' Or 'Venue' If Intent To Refer Dispute To Private Tribunal Is Clear: Calcutta HC
3 weeks ago

Arbitration Agreement Valid Without Specifying 'Applicable Law', 'Seat' Or 'Venue' If Intent To Refer Dispute To Private Tribunal Is Clear: Calcutta HC

Live Law  

The Calcutta High Court bench of Justice Shampa Sarkar has held that for an arbitration agreement to be binding, neither the applicable law nor the seat or venue needs to be mentioned. Observations The court noted that the arbitration clause provided that if the parties were unable to resolve the disputes mutually, the disputes shall be referred to the Vice …

Arbitration Clause Cannot Be Invoked Again Over Matters Which Have Already Been Adjudicated: Karnataka High Court
3 weeks, 3 days ago

Arbitration Clause Cannot Be Invoked Again Over Matters Which Have Already Been Adjudicated: Karnataka High Court

Live Law  

The Karnataka High Court has said the Arbitration clause in the lease agreement cannot be invoked for matters that have already been adjudicated upon and concluded by both the Arbitral Tribunal and the competent courts. The respondent challenged the award before the jurisdictional District and Sessions Court under Section 34 of the Arbitration and Conciliation Act, 1996, which set aside …

Party Cannot Be Forced To Accept Arbitrator Who Has Conflict Of Interest, Violates Principles Of Natural Justice And Fair Trial: J&K High Court
3 weeks, 6 days ago

Party Cannot Be Forced To Accept Arbitrator Who Has Conflict Of Interest, Violates Principles Of Natural Justice And Fair Trial: J&K High Court

Live Law  

The Jammu and Kashmir High Court held that a party could not be forced to accept an arbitrator who has a conflict of interest, as the same would violate the principles of a fair trial. The court, therefore, appointed a former District & Sessions Judge as the independent sole arbitrator, who would proceed to hear the dispute and pass a …

Arbitral Award Not Signed By All Members Of Tribunal Can Be Set Aside If Reasons For Omission Of Missing Signature Are Not Stated: Delhi High Court
1 month ago

Arbitral Award Not Signed By All Members Of Tribunal Can Be Set Aside If Reasons For Omission Of Missing Signature Are Not Stated: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Prateek Jalan has observed that the signature of all members of the arbitral tribunal should be available on the award as the signing of an award is not a ministerial act but a substantive requirement. The requirement is referable to the need to ensure that all members of the tribunal have had an …

Named Arbitrator Cannot Be Replaced Unless There Is Evidence Of Partiality Or Bias Against Them: Andhra Pradesh HC
1 month, 1 week ago

Named Arbitrator Cannot Be Replaced Unless There Is Evidence Of Partiality Or Bias Against Them: Andhra Pradesh HC

Live Law  

The Andhra Pradesh High Court bench of Justice Dhiraj Singh Thakur has held that the request for seeking appointment of an independent arbitrator other than the named arbitrator cannot be entertained if there is no evidence to show that the named arbitrator would act in a partial or biased manner. ' The Supreme Court in Indian Oil Corporation Limited and …

Court At Designated Venue In Arbitration Agreement Can Entertain Application U/S 11 Of Arbitration Act: Bombay High Court
1 month, 2 weeks 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 …

Award Passed By Improperly Appointed Arbitrator Is Non-Est In Law And Invalid: Delhi High Court
Trending News
1 month, 3 weeks ago

Award Passed By Improperly Appointed Arbitrator Is Non-Est In Law And Invalid: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Jasmeet Singh has held that it is settled law that the Arbitrator is a creature of the contract and has to function within four corners of contract. As per the Arbitration Clause, the General Manager/Business Unit Head was the named Arbitrator to adjudicate the disputes between the parties. However, the respondent on 20.12.2010 …

Construction Of Terms Of Contract Must Be Primarily Decided By Arbitrator, Not Court U/S 34 Of Arbitration Act: Delhi High Court
1 month, 3 weeks ago

Construction Of Terms Of Contract Must Be Primarily Decided By Arbitrator, Not Court U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma has held that Construction of the terms of the contract is primarily for the arbitrator to decide, unless it is found that such a construction is not at all possible. It is the case of the petitioner that the Supreme Court in 'ONGC v. Afcons Gunanusa JV' held that unilateral …

[A&C Act] Non-Payment Of Part Of Mutually Agreed Amount After Settlement Of Dispute Not An Arbitrable Issue Under Arbitration Agreement: Andhra Pradesh HC
1 month, 4 weeks ago

[A&C Act] Non-Payment Of Part Of Mutually Agreed Amount After Settlement Of Dispute Not An Arbitrable Issue Under Arbitration Agreement: Andhra Pradesh HC

Live Law  

The Andhra Pradesh High Court has upheld the dismissal of an application filed under section 8 of the Arbitration and Conciliation Act, holding that once an amount has been mutually decided by the parties, the dispute itself is resolved and no arbitrable issue remains for consideration. A Division Bench of Justice Ravi Nath Tilhari and Justice V. Srinivas pointed out …

The Draft Arbitration And Conciliation Amendment Bill, 2024: A Step Towards Reforming India's Arbitration Framework?
1 month, 4 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 …

Notice To Appoint Another Arbitrator To Continue Arbitration Proceedings Satisfies Mandate Of S.21Of A&C Act: Kerala High Court
2 months ago

Notice To Appoint Another Arbitrator To Continue Arbitration Proceedings Satisfies Mandate Of S.21Of A&C Act: Kerala High Court

Live Law  

The Kerala High Court bench of Justice Syam Kumar V.M., while hearing a Section 11 petition, has held that a notice to revive a stalled arbitration proceedings by appointing another arbitrator satisfies the mandate of Section 21 of the A&C Act. The court further observed that the dispute between parties arose in 2018, which is evident from the filing of …

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 …

[S.16 Arbitration Act] Jurisdiction Of Tribunal Cannot Be Challenged After Submission Of Defence: Allahabad High Court
2 months ago

[S.16 Arbitration Act] Jurisdiction Of Tribunal Cannot Be Challenged After Submission Of Defence: Allahabad High Court

Live Law  

The Allahabad High Court has held that as per Section 16 of the Arbitration and Conciliation Act, 1996, the jurisdiction of an arbitral tribunal cannot be challenged after submission of defence and that the arbitral tribunal is empowered to adjudicate on its own jurisdiction. The bench of Justice Siddhartha Varma and Dr. Justice Yogendra Kumar Srivastava held “Section 16 of …

Court Cannot Assume Jurisdiction To Appoint Arbitrator Unless Request For Reference Of Dispute Is Received By Respondent: Bombay High Court
2 months ago

Court Cannot Assume Jurisdiction To Appoint Arbitrator Unless Request For Reference Of Dispute Is Received By Respondent: Bombay High Court

Live Law  

The Bombay High Court bench of Justice R. M. Joshi has held that compliance with Section 21 of the Arbitration and Conciliation Act, 1996 is mandatory and that the court cannot assume jurisdiction to appoint an Arbitrator under Section 11 unless a request for a reference of dispute is received by the respondent. The present application was filed under Section …

Arbitral Tribunal Not Bound By Strict Rigors Of CPC, Amendment Permissible At Any Stage Of Proceedings: Jharkhand High Court
2 months ago

Arbitral Tribunal Not Bound By Strict Rigors Of CPC, Amendment Permissible At Any Stage Of Proceedings: Jharkhand High Court

Live Law  

The Jharkhand High Court Bench of Justice Gautam Kumar Choudhary has held that the power under Articles 226 and 227 of the Constitution can be invoked for interfering with an interim order only in exceptionally rare cases. Additionally, the court held that Arbitral Tribunals are not bound by the strict rigours of CPC and an amendment is permissible at any …

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 …

S. 16 Arbitration Act | Challenge To Arbitral Tribunal's Jurisdiction Impermissible After Submitting Statement Of Defence : Supreme Court
2 months, 1 week ago

S. 16 Arbitration Act | Challenge To Arbitral Tribunal's Jurisdiction Impermissible After Submitting Statement Of Defence : Supreme Court

Live Law  

The Supreme Court affirmed the principle that the jurisdiction of the arbitral tribunal cannot be challenged after the submission of the statement of defence. A bench of Justices Abhay S Oka and Ujjal Bhuyan was hearing a case in which the respondent had objected to the jurisdiction of the Arbitral Tribunal after submitting its statement of defence. Taking reference to …

Issue Related To Existence Of Arbitration Agreement Cannot Be Decided Ex-Parte, Without Hearing Respondent: Delhi High Court
2 months, 1 week ago

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

Live Law  

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

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 …

'Arbitrator Can Only Decide On Point Which Is Referred To Tribunal, Not Entire Dispute': Kerala High Court
2 months, 1 week ago

'Arbitrator Can Only Decide On Point Which Is Referred To Tribunal, Not Entire Dispute': Kerala High Court

Live Law  

The Kerala High Court Bench of Justice Dr A. K. Jayasankaran Nambiar and Justice Easwaran S. held that if the parties choose to refer to a singular point for arbitration, then the arbitral tribunal cannot proceed to decide on all disputes. On the contrary, if the parties agree to arbitrate on the entire disputes, then the arbitral tribunal shall have …

[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 …

Arbitral Award Cannot Be Challenged In Writ Petition, Party Must Use Remedy U/S 34 Of Arbitration Act: Delhi High Court
2 months, 2 weeks ago

Arbitral Award Cannot Be Challenged In Writ Petition, Party Must Use Remedy U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Sachin Datta has held that it cannot entertain a writ petition challenging an arbitral award, and the petitioner should challenge the award by taking recourse to appropriate remedies under Section 34 of the Arbitration Act. Brief Facts: The present petition challenged an arbitral award passed pursuant to reference to arbitration under Section 18 …

Supreme Court Critiques Judicial Overreach in Arbitration
2 months, 2 weeks 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 High Court Reiterates Limited Scope Of Section 34 Of Arbitration & Conciliation Act
2 months, 2 weeks 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 …

Unilateral Appointment Clause Of Arbitrator Hinders Equal Participation Of Parties In Appointment Process: Patna High Court
2 months, 2 weeks ago

Unilateral Appointment Clause Of Arbitrator Hinders Equal Participation Of Parties In Appointment Process: Patna High Court

Live Law  

The Patna High Court Bench of Chief Justice K. Vinod Chandran held that a clause that allows one party to unilaterally appoint a sole arbitrator gives rise to justifiable doubts as to the independence and impartiality of the arbitrator. Further, such a unilateral clause is exclusive and hinders equal participation of the parties in the appointment process of arbitrators. It …

Substantive Objections On Validity Or Existence Of Arbitration Agreement Can Be Adjudicated By Tribunal U/S 16 Of Act: Bombay HC
2 months, 3 weeks ago

Substantive Objections On Validity Or Existence Of Arbitration Agreement Can Be Adjudicated By Tribunal U/S 16 Of Act: Bombay HC

Live Law  

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that substantive objections concerning the validity and existence of an arbitration agreement can be adjudicated by the Arbitral Tribunal and not by the court under section 11 of the Arbitration Act. In doing so, the Arbitral Tribunal may also rule on any objections with respect to the existence or …

No Bar To Avail Remedy U/S 9 Of Arbitration Act Even Against Non-Parties To Subject Matter Of Dispute: Delhi High Court
2 months, 3 weeks ago

No Bar To Avail Remedy U/S 9 Of Arbitration Act Even Against Non-Parties To Subject Matter Of Dispute: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna has held that the Plaintiffs are not barred from availing the remedy under Section 9 of the Arbitration and Conciliation Act, 1996 even against individual/entities who are not party to the Family Settlement out of which the dispute arose. The application for ad interim injunction was held to be not …

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, 4 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 …

Monthly Digest Of Arbitration Cases: December 2024
3 months 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 …

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

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