Prima Facie Case Alone Does Not Entitle A Party To Relief Under Section 17 Of The A&C Act: Delhi High Court
2 years, 8 months ago

Prima Facie Case Alone Does Not Entitle A Party To Relief Under Section 17 Of The A&C Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that a prima facie case alone does not entitle a party to relief under Section 17 of the Arbitration and Conciliation Act, 1996 for interim measures. Against the order of the Arbitral Tribunal directing the appellant to secure the said amount, the appellant filed an appeal before the Delhi High Court. The Court ruled that even if the respondent had a prima facie case in its favour, it would not mean that securing the said amount in question in favour of the respondent was imperative. The Court observed that apart from finding a strong prima facie case in favour of the respondent, the only factor which prevailed upon the Arbitral Tribunal to pass an order directing the appellant to furnish security for the said amount, was the pendency of 25 cases against the appellant with respect to the same project undertaken by it.

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History of this topic

Arbitral Tribunal Is Sole Judge Of Evidence, Court Not Required To Re-Evaluate Evidence U/S 34 Of Arbitration Act: Delhi High Court
4 days, 9 hours 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
4 days, 10 hours 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
4 days, 13 hours 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 …

Failure To Attach Impugned Arbitral Award Along With Section 34 Application Would Render Filing Non-Est: Delhi High Court
Trending News
1 month ago

Failure To Attach Impugned Arbitral Award Along With Section 34 Application Would Render Filing Non-Est: Delhi High Court

Live Law  

Submissions: The counsel for the appellant made the following submissions: Section 34 of the A&C Act does not mandate the filing of the arbitral award. The counsel for the respondent made the following submissions: This Court consistently held that non-fling of the impugned arbitral award would render the filing u/s 34 of the A&C Act as “non-est,” as the Court …

Failure To Attach Impugned Arbitral Award Along With Section 34 Application Would Render Filing Non-Est: Delhi High Court
Trending News
1 month ago

Failure To Attach Impugned Arbitral Award Along With Section 34 Application Would Render Filing Non-Est: Delhi High Court

Live Law  

Submissions: The counsel for the appellant made the following submissions: Section 34 of the A&C Act does not mandate the filing of the arbitral award. The counsel for the respondent made the following submissions: This Court consistently held that non-fling of the impugned arbitral award would render the filing u/s 34 of the A&C Act as “non-est,” as the Court …

Issue Related To Existence Of Arbitration Agreement Cannot Be Decided Ex-Parte, Without Hearing Respondent: Delhi High Court
1 month, 3 weeks 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 …

Arbitrator's Order Determining Substantive Rights Of Parties Constitutes “Award”, Amenable To Challenge U/S 34 Of Arbitration Act: Delhi HC
2 months ago

Arbitrator's Order Determining Substantive Rights Of Parties Constitutes “Award”, Amenable To Challenge U/S 34 Of Arbitration Act: Delhi HC

Live Law  

The Delhi High Court division bench of Justice Navin Chawla and Justice Shalinder Kaur has held that orders passed by the Arbitrator during the pendency of Arbitral proceedings, which finally determines any substantive rights of the parties, constitutes an interim Arbitral Award, and can be challenged under Section 34 of the Arbitration and Conciliation Act, 1996. The court referred to …

Delhi High Court Reiterates Limited Scope Of Section 34 Of Arbitration & Conciliation Act
2 months, 1 week ago

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

Live Law  

The High Court of Delhi pronounced a judgement in the matter of “Centre for Research Planning and Action v. National Medicinal Plants Board Ministry of AYUSH Government of India” FAO 161/2022 dated 8th January, 2025 re-iterating the limited scope of Section 34 of The Arbitration and Conciliation Act. Respondent refused to entertain any claim when invoices were raised after March …

Writ Jurisdiction Cannot Be Invoked To Challenge Arbitral Award, Only To Circumvent Statutory Requirement Of S.19 Of MSMED Act: Delhi High Court
3 months, 3 weeks 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. …

S.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court
3 months, 3 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 …

Merit Based Review Of Arbitral Award Is Impermissible Under Section 37 Of Arbitration Act: Delhi High Court
4 months ago

Merit Based Review Of Arbitral Award Is Impermissible Under Section 37 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justices Vibhu Bakhru and Sachin Datta affirmed that the scope of jurisdiction under Section 34 and Section 37 of the Act is not akin to normal appellate jurisdiction. In the impugned award, the learned sole Arbitrator, at the very outset, considered the divergent factual versions given by the parties as regards the alleged cash …

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, 1 week 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, 1 week 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 …

Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court
4 months, 1 week ago

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

Live Law  

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

Arbitration Monthly Digest: October 2024
4 months, 1 week 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 …

Interim Relief By Arbitral Tribunal – Still An Unresolved Mystery?
4 months, 1 week ago

Interim Relief By Arbitral Tribunal – Still An Unresolved Mystery?

Live Law  

While litigation in India is a long-drawn and cumbersome process, the Arbitration and Conciliation Act, 1996 was enacted to provide speedy resolution of disputes and deviate from the rigours of the strict procedures. Pre-requisites for obtaining interim relief under the Arbitration Act It is a settled position that application under section 9 is filed before the constitution of Arbitral Tribunal …

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

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

Live Law  

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

Delhi High Court Rules on Appointment of Arbitral Tribunal: Invalid Procedures Before Improper Arbitral Tribunal Are Non-Est
4 months, 3 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 …

Delhi High Court Grants Interim Measure to Protect Property From Being Wasted in Arbitration Case
4 months, 3 weeks ago

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

Live Law  

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

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

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

Live Law  

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

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

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

Live Law  

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

Arbitral Tribunal Can Award Compensation For Breach If Contract Is Incapable Of Specific Performance: Delhi High Court
8 months ago

Arbitral Tribunal Can Award Compensation For Breach If Contract Is Incapable Of Specific Performance: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju has held that the arbitral tribunal may exercise its power to award compensation for breach if a Contract has become incapable of specific performance. The Appellant's petition under Section 34 was dismissed, with the High Court noting that it cannot interfere with the arbitral tribunal's findings …

[Arbitration Act] Mere Sending of Notice Under Section 21 Not Enough, Receipt of Notice Essential: Delhi High Court
9 months, 1 week ago

[Arbitration Act] Mere Sending of Notice Under Section 21 Not Enough, Receipt of Notice Essential: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma has held that merely sending notice of arbitration under Section 21 of the Arbitration and Conciliation Act, 1996 is not sufficient. Brief Facts: Indian Spinal Injuris Centre approached the Delhi High Court and filed an application under Section 11 read with Section 11 of the Arbitration and Conciliation Act, 1996 …

Court Fully Empowered To Extend Mandate Even After Expiry Of Arbitral Tribunal's Mandate Under Section 29A(4): Delhi High Court
9 months, 3 weeks 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 …

Issues On Merits, Should Be Raised Before Arbitrator, Not In Section 11 Proceedings ; Delhi High Court
9 months, 3 weeks 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 …

Arbitral Tribunal Cant Go Outside Reference Order, Cannot Widen Its Jurisdiction By Dealing With Disputes Not Referred To It: Punjab And Haryana High Court
10 months, 1 week ago

Arbitral Tribunal Cant Go Outside Reference Order, Cannot Widen Its Jurisdiction By Dealing With Disputes Not Referred To It: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court single bench of Justice Suvir Sehgal held that an Arbitral Tribunal cannot go outside the reference order by the Punjab State Electricity Regulatory Commission under Section 86 of the Electricity Act, 2003 and cannot widen its jurisdiction by dealing with disputes not referred to it. Observations by the High Court: The High Court noted …

No Writ Against Order Of Tribunal Rejecting Application U/S 16 Of The A&C Act Unless It Shocks The Conscience Of The Court: Delhi High Court
11 months, 3 weeks ago

No Writ Against Order Of Tribunal Rejecting Application U/S 16 Of The A&C Act Unless It Shocks The Conscience Of The Court: Delhi High Court

Live Law  

The High Court of Delhi has held that an order of the arbitral tribunal rejecting an application challenging its jurisdiction under Section 16 of the A&C Act cannot be challenged in a writ petition unless the order is so perverse that it shocks the conscience of the Court. During pendency of the arbitration proceedings, the petitioner moved an application under …

Application Under Section 29A A&C Can Be Allowed Even After Expiry Of Arbitral Tribunal's Mandate: Delhi High Court
11 months, 3 weeks ago

Application Under Section 29A A&C Can Be Allowed Even After Expiry Of Arbitral Tribunal's Mandate: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh held that the application under Section 29A of the Arbitration and Conciliation Act, 1996 can be allowed even after the expiry of the mandate of the Arbitral Tribunal. Brief Facts: The Petitioner approached the Delhi High Court seeking extension of time for completion of the arbitration proceedings. Observations by the …

Unilateral Appointment Of Arbitrator By Party: Delhi High Cout Set Aside Arbitral Award As It Contravened Section 12(5) A&C And & 7th Schedule
11 months, 3 weeks ago

Unilateral Appointment Of Arbitrator By Party: Delhi High Cout Set Aside Arbitral Award As It Contravened Section 12(5) A&C And & 7th Schedule

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh held aside an arbitral award noting that the arbitrator was unilaterally appointed by the Respondent. The bench held that that the unilateral appointment of the Sole Arbitrator by Respondent was non-est in law, as it contravened Section 12 read with the Seventh Schedule of the Arbitration and Conciliation Act, 1996. …

Prima Facie No Arbitration Agreement Between Parties, Delhi High Court Dismisses Section 11(5) A&C Petition
1 year ago

Prima Facie No Arbitration Agreement Between Parties, Delhi High Court Dismisses Section 11(5) A&C Petition

Live Law  

The Delhi High Court single bench of Justice Dinesh Kumar Sharma dismissed a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, noting that prima facie there was no arbitration agreement between Petitioner and Respondent. The High Court noted that Section 8, as amended in 2015, mandates the referral of parties to arbitration by a judicial authority …

When Parties Agree For No Interest Payable Till Arbitral Award Is Made, Arbitrator Bound By This Agreement: Delhi High Court
1 year ago

When Parties Agree For No Interest Payable Till Arbitral Award Is Made, Arbitrator Bound By This Agreement: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Prateek Jalan held that when parties agree that no interest shall be payable, the Arbitral Tribunal is bound by that agreement. Brief Facts: The Petitioner challenged an Arbitral Award, specifically contesting the portion wherein the Arbitrator granted interest on the Respondent's recovery claim against outstanding bills. The Arbitrator in that case awarded …

Non Filing Of Arbitral Award Along Section 34 Is A Fatal Defect, Makes Filing Non-Est: Delhi High Court Dismisses Section 34 Petition
1 year ago

Non Filing Of Arbitral Award Along Section 34 Is A Fatal Defect, Makes Filing Non-Est: Delhi High Court Dismisses Section 34 Petition

Live Law  

The Delhi High Court single bench of Justice Prateek Jalan held that non filing of the arbitral award along with the Petition under Section 34 of the Arbitration and Conciliation Act, 1996 is a fatal defect, making such filing as non-est. Brief Facts: The Petitioner approached the Delhi High Court and filed a petition under Section 34 of the Arbitration …

Party Fails To Challenge Arbitral Award U/s 34 A&C Cannot Approach High Court Under Article 226: Delhi High Court Dismisses Writ Petition
1 year ago

Party Fails To Challenge Arbitral Award U/s 34 A&C Cannot Approach High Court Under Article 226: Delhi High Court Dismisses Writ Petition

Live Law  

The Delhi High Court single bench of Justice Subramonium Prasad held that Article 226 of the Constitution of India is an extraordinary remedy and cannot be invoked where a party has failed to invoke other remedies available to it under law. It held that if a party fails to challenge the arbitration award under Section 34 of the Arbitration and …

Court Cannot Determine Admissibility, Relevancy, Materiality, And Weight Of Any Evidence Under Section 27 of A&C: Delhi High Court
1 year ago

Court Cannot Determine Admissibility, Relevancy, Materiality, And Weight Of Any Evidence Under Section 27 of A&C: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Sachin Datta held that the court under Section 27 of the Arbitration and Conciliation Act, 1996 cannot determine the admissibility, relevancy, materiality, and weight of any evidence, as doing so would amount to impermissible interference with the Tribunal's proceedings. The Petitioner sought the Arbitral Tribunal's approval to approach court for seeking the …

No Need For Notice To Invoke Fresh Arbitration Where Analogous Arbitral Proceedings Going: Delhi High Court Allows Section 11(6) Petition
1 year ago

No Need For Notice To Invoke Fresh Arbitration Where Analogous Arbitral Proceedings Going: Delhi High Court Allows Section 11(6) Petition

Live Law  

The Delhi High Court single bench of Justice Manoj Kumar Ohri held that in cases where there are analogous arbitration proceedings related to other agreements, there is no need to invoke fresh arbitration by issuing a notice under Section 21 of the Arbitration Act. The Petitioner approached the Delhi High Court and filed a petition under Section 11 of the …

Partial Setting Aside Of An Arbitral Award Valid U/s 34 If Part Is Independent And Doesn't Affect Other Components: Delhi High Court Allows Execution Petition
1 year ago

Partial Setting Aside Of An Arbitral Award Valid U/s 34 If Part Is Independent And Doesn't Affect Other Components: Delhi High Court Allows Execution Petition

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh held that partial setting aside of an award is valid and justified as long as the part proposed for annulment is independent and can be validly incised without affecting other components. Also, the decree-holder challenged the award in High Court under Section 34 of the Arbitration and Conciliation Act, 1996 …

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
1 year, 2 months ago

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

Live Law  

The High Court of Delhi has held that an issue related to the bias of an arbitrator in conducting the arbitral proceedings cannot be determined by a Court while dealing with the application under Section 29A of the A&C Act. It held that the grievance of a party with the conduct of arbitral proceedings or any other substantive challenge cannot …

Arbitral Award Can't Be Challenged On Ground Of Bias Of Arbitrator If No Challenge Was Made During Arbitral Proceedings: Delhi High Court
1 year, 2 months ago

Arbitral Award Can't Be Challenged On Ground Of Bias Of Arbitrator If No Challenge Was Made During Arbitral Proceedings: Delhi High Court

Live Law  

The High Court of Delhi has held that an arbitral award cannot be challenged on the ground of bias of arbitrator if no challenge to bias was made during the pendency of arbitral proceedings. The bench of Justice Pratibha M. Singh held that a party that has fully participated in the arbitral proceedings without raising any challenge to the jurisdiction …

Section 34 Petition Is Non-Est If Filed Without The Arbitral Award: Delhi High Court
1 year, 2 months ago

Section 34 Petition Is Non-Est If Filed Without The Arbitral Award: Delhi High Court

Live Law  

The High Court of Delhi has held that non-filing of the arbitral award along with the petition under Section 34 of the A&C Act is a fatal defect which renders the filing as non-est. The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna held that filing of an award along with the challenge petition is not an empty …

Signed Arbitral Award Served On Lawyer Or Agent Of The Party Doesn't Constitute A Valid Delivery : Delhi High Court
1 year, 2 months ago

Signed Arbitral Award Served On Lawyer Or Agent Of The Party Doesn't Constitute A Valid Delivery : Delhi High Court

Live Law  

The High Court of Delhi has held that a copy of the signed arbitral award served only on the lawyer or the agent of the party does not constitute a valid delivery in absence of the delivery on the party itself. The Appellant/MoHFW challenged both the Arbitral Award and the Corrigendum Order before the learned Single Judge under Section 34 …

Court U/S 37 Of The A&C Act Can’t Undertake An Independent Assessment Of Arbitral Award,: Bombay High Court
1 year, 3 months ago

Court U/S 37 Of The A&C Act Can’t Undertake An Independent Assessment Of Arbitral Award,: Bombay High Court

Live Law  

The High Court of Bombay has held that under Section 37 of the A&C Act, the challenge must be related to the impugned order passed under Section 34 of the Act and not merely to the arbitral award. S. Doctor held that the Court while exercising powers under Section 37 of the A&C Act cannot take an independent assessment of …

Arbitrator Failed To Consider Document Based On Procedural Defects, Delhi High Court Sets Aside Award
1 year, 5 months ago

Arbitrator Failed To Consider Document Based On Procedural Defects, Delhi High Court Sets Aside Award

Live Law  

The High Court of Delhi has held that an arbitrator should not refuse to take on record any additional material evidence merely on the ground of certain procedural ground such as non-payment of costs by the party tendering such evidence. The bench of Justice Neena Bansal Krishna held that failure of the arbitrator to take on record important additional evidence …

Mere Pendency Of An Appeal Would Not Detract From The Excise Duty Refund Demand: Delhi High Court
1 year, 8 months ago

Mere Pendency Of An Appeal Would Not Detract From The Excise Duty Refund Demand: Delhi High Court

Live Law  

The Delhi High Court has held that the mere pendency of an appeal or an order of stay that may operate would not detract from the obligation of any person claiming a refund to make an application within the period prescribed and computed with reference to the "relevant date". The Central Excise Department asserted that, in light of the plain …

Arbitration Cases Weekly Round-Up: 10 July To 16 July 2023
1 year, 8 months ago

Arbitration Cases Weekly Round-Up: 10 July To 16 July 2023

Live Law  

Supreme Court: Can Ineligible Person Appoint Arbitrator? High Courts: Delhi High Court: “Counter-Balancing” Not Achieved When 2/3rd Members Of The Arbitral Tribunal To Be Appointed By One Party: Delhi High Court Case Title: Margo Networks Pvt Ltd & Anr vs. Railtel Corporation of India Ltd The Delhi High Court has ruled that where a party is required to appoint an …

Well Reasoned Interim Order Of Arbitral Tribunal, Courts Should Not Interfere Under Section 37 Of The A&C Act : Delhi HC
1 year, 8 months ago

Well Reasoned Interim Order Of Arbitral Tribunal, Courts Should Not Interfere Under Section 37 Of The A&C Act : Delhi HC

Live Law  

The High Court of Delhi has held that the Court under Section 37 of the A&C Act should not interfere with a reasoned order of the tribunal granting interim relief based on thorough examination of the matter. Accordingly, the Respondent No.1 invoked the dispute resolution clause and issued a notice for amicable settlement, however, upon the failure of the parties …

Court Under Section 29A Of The A&C Act Would Not Consider Issue Regarding Fees Of Arbitral Tribunal: Delhi High Court
1 year, 8 months ago

Court Under Section 29A Of The A&C Act Would Not Consider Issue Regarding Fees Of Arbitral Tribunal: Delhi High Court

Live Law  

The High Court of Delhi has held the Court exercising power under Section 29A of the A&C Act, which provides for extension of time to conclude arbitral proceedings, is only concerned with the issue as to whether the arbitrator has acted with expedition in the matter and would not consider any issue regarding the conduct of the arbitration or the …

Order Of Arbitral Tribunal Refusing To Entertain Additional Counter-Claims Filed Without An Application Under Section 23 Is Not An ‘Interim Award’: Delhi High Court
1 year, 8 months ago

Order Of Arbitral Tribunal Refusing To Entertain Additional Counter-Claims Filed Without An Application Under Section 23 Is Not An ‘Interim Award’: Delhi High Court

Live Law  

The High Court of Delhi has held that an order of the arbitral tribunal refusing to entertain additional counter-claims filed without making any application under Section 23 of the Act is not an ‘interim award’, therefore, it cannot be challenged under Section 34 of the Act. The bench of Justices Najmi Waziri and Sudhir Kumar Jain held that order of …

Orders Of Arbitral Tribunal Not Signed By All Arbitrators And Absence Of An Arbitrator During Certain Proceedings, Cannot Be A Ground To Set Aside Award: Delhi High Court
1 year, 9 months ago

Orders Of Arbitral Tribunal Not Signed By All Arbitrators And Absence Of An Arbitrator During Certain Proceedings, Cannot Be A Ground To Set Aside Award: Delhi High Court

Live Law  

The Delhi High Court has reiterated that procedural irregularity cannot be a ground to set aside the Arbitral Award unless such irregularity goes to the root of the matter and shocks the conscience of the Court, thus making the Award illegal. The bench remarked that procedural irregularities like some of the Orders of the Arbitral Tribunal not being signed by …

Arbitration Cases Weekly Round-Up: 14 To 20 May, 2023
1 year, 10 months ago

Arbitration Cases Weekly Round-Up: 14 To 20 May, 2023

Live Law  

Supreme Court: Referral Court Has Duty To Conclusively Decide Issue Of ‘Existence & Validity Of Arbitration Agreement’ Raised At Pre-Referral Stage: Supreme Court Case Title: Magic Eye Developers Pvt. High Courts: Calcutta High Court: Arbitration: Calcutta High Court Allows S. 11 Application Being Consolidated Claim Under Different Purchase Orders Linked To A Single Main Contract Case Title: Godrej & Boyce …

Agreement Between The Parties “Birth-Giver”; Arbitrator Can’t Grant Pre-Award Interest When Agreement Provided For No Interest: Delhi High Court
1 year, 10 months ago

Agreement Between The Parties “Birth-Giver”; Arbitrator Can’t Grant Pre-Award Interest When Agreement Provided For No Interest: Delhi High Court

Live Law  

The Delhi High Court has reiterated that the agreement between the parties has primacy over the powers of the Arbitral Tribunal to grant pre-award interest under Section 31 of the Arbitration and Conciliation Act, 1996. The court thus concluded: “Therefore, the learned Arbitrator has acted well within his power in granting an amount of INR 1.3 Crore on account of …

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