Only British courts can hear plea challenging arbitration: SC to RIL
10 years, 9 months ago

Only British courts can hear plea challenging arbitration: SC to RIL

Firstpost  

The verdict came on an appeal filed by Reliance challenging the Delhi High Court verdict which allowed the central government’s plea challenging the award of London arbitration tribunal against it. New Delhi: The Supreme Court on Wednesday ruled that only British courts can hear a petition that challenges the decision of a London arbitration tribunal on Panna-Mukta and Tapti gas fields’ contract between Reliance Industries and the Indian government. The court said this while setting aside the Delhi High Court order that said it can hear such a challenge on an award made by the London arbitration tribunal. The verdict came on an appeal filed by Reliance challenging the 23 March, 2013, Delhi High Court verdict by which it allowed the central government’s plea challenging the award of London arbitration tribunal against it.

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History of this topic

Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court
1 week, 3 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 …

Delhi High Court Dismisses Challenge Against Arbitral Award Rejecting Counterclaim For Failure To Raise Timely Objections On Quality Of Goods
3 weeks, 6 days ago

Delhi High Court Dismisses Challenge Against Arbitral Award Rejecting Counterclaim For Failure To Raise Timely Objections On Quality Of Goods

Live Law  

The Delhi High Court bench of Justice Manoj Kumar Ohri has upheld an Arbitral award stating that objections regarding the quality of goods must be raised within a reasonable time as per section 42 of the Sale of Goods Act, 1930. The Arbitral Tribunal had noted that the goods were supplied on 12.06.2019; however the petitioner raised objections for the …

Delhi HC overturns arbitration award favouring Reliance in KG Basin dispute
1 month, 1 week ago

Delhi HC overturns arbitration award favouring Reliance in KG Basin dispute

The Hindu  

In a setback for Reliance Industries Limited, the Delhi High Court on Friday overturned a 2018 international arbitral award which favoured the Mukesh Ambani-led company and its foreign partners in a dispute over gas migration from fields operated by State-owned Oil and Natural Gas Corporation in the Krishna Godavari basin. Acting on an appeal filed by the Central government, Justice …

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

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 …

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

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

Live Law  

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

Delhi High Court Sets Aside Claim Of Rs.15 Lakh Awarded By Arbitral Tribunal Due To Lack Of Evidence
3 months, 2 weeks ago

Delhi High Court Sets Aside Claim Of Rs.15 Lakh Awarded By Arbitral Tribunal Due To Lack Of Evidence

Live Law  

The Delhi High Court Bench of Justice Vibhu Bakhru and Justice Sachin Datta held that after persuading the Supreme Court to refer the disputes to arbitration, it is not open for the appellant to now question the validity of the reference. Thereafter, the appellant filed a suit seeking a decree of permanent injunction restraining the respondent from raising any illegal …

Delhi High Court Sets Aside Claim Of Rs.15 Lakh Awarded By Arbitral Tribunal Due To Lack Of Evidence
3 months, 2 weeks ago

Delhi High Court Sets Aside Claim Of Rs.15 Lakh Awarded By Arbitral Tribunal Due To Lack Of Evidence

Live Law  

The Delhi High Court Bench of Justice Vibhu Bakhru and Justice Sachin Datta held that after persuading the Supreme Court to refer the disputes to arbitration, it is not open for the appellant to now question the validity of the reference. Thereafter, the appellant filed a suit seeking a decree of permanent injunction restraining the respondent from raising any illegal …

Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement
Trending News
3 months, 2 weeks ago

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

Live Law  

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

Arbitral Award Without Rationale For Damages Is Ex Facie Contrary To Settled Law, Can Be Set Aside: Delhi High Court
4 months, 1 week ago

Arbitral Award Without Rationale For Damages Is Ex Facie Contrary To Settled Law, Can Be Set Aside: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta has observed that any award of damages, on the touch stone of Section 73 of the Indian Contract Act, must be predicated on actual loss suffered. Observations: The court held that the impugned award did not warrant interference under section 34 of the Arbitration Act being predicated on a plausible interpretation …

Delhi High Court Verdict In Airports Authority Of India Case Is A Renewed Call To Uphold The Spirit Of The Arbitration Act
4 months, 1 week ago

Delhi High Court Verdict In Airports Authority Of India Case Is A Renewed Call To Uphold The Spirit Of The Arbitration Act

Live Law  

Almost all weekend conferences on Arbitration- organized with the intent to promote India as a 'hub for arbitration'- witness stakeholders coming together to call for increased predictability vis-à-vis enforcement of arbitral awards. Amidst most courts favoring judicial interference, the recent decision of the single-judge bench of the Delhi High Court dated 18.10.2024 in Airports Authority of India versus Delhi International …

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 …

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 …

Arbitration Cases Half Yearly Digest: January To June 2024
8 months, 2 weeks 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 …

Arbitrator Failed To Deal With Material Contentions, Arbitral Award Would Not Satisfy The Requirement Of A Reasoned Award: Delhi High Court
11 months ago

Arbitrator Failed To Deal With Material Contentions, Arbitral Award Would Not Satisfy The Requirement Of A Reasoned Award: Delhi High Court

Live Law  

The High Court of Delhi has held that when the arbitral tribunal fails to deal with submissions of a party on a contentious issue, the resultant award would not fulfil the requirements of a reasoned award as required under Section 31 of the A&C Act. It held that the tribunal cannot simply accept unquantified claims without assigning reasons and without …

Arbitration Monthly Round-Up -March 2024
11 months, 2 weeks ago

Arbitration Monthly Round-Up -March 2024

Live Law  

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

Delhi HC admits CBI's appeal challenging acquittal of former Minister A Raja, others in 2G scam case
1 year ago

Delhi HC admits CBI's appeal challenging acquittal of former Minister A Raja, others in 2G scam case

New Indian Express  

NEW DELHI: The Delhi High Court on Friday admitted a CBI appeal challenging the acquittal of former telecom minister A Raja and others in the 2G spectrum allocation scam case. Justice Dinesh Kumar Sharma said that on the basis of the material on record and the submissions made by the lawyers for the parties, a prima facie case is made …

Arbitral Award With Internal Contradictions Is Perverse And Patently Illegal; Delhi High Court allows Section 34 Petition
1 year ago

Arbitral Award With Internal Contradictions Is Perverse And Patently Illegal; Delhi High Court allows Section 34 Petition

Live Law  

The Delhi High Court single bench comprising Justice Sachin Datta held that an award suffering from internal contradictions is considered perverse and patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996. The Petitioner challenged the arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 in the Delhi High Court. The Petitioner challenged the impugned …

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

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

Live Law  

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

Delhi High Court Rejects SpiceJet’s Plea To Stay Single Judge Order Upholding Arbitral Award In Favour Of Ex-Promoter Kalanithi Maran
1 year, 6 months ago

Delhi High Court Rejects SpiceJet’s Plea To Stay Single Judge Order Upholding Arbitral Award In Favour Of Ex-Promoter Kalanithi Maran

Live Law  

The Delhi High Court on Thursday refused to stay a single judge order upholding an arbitral award asking SpiceJet and its promoter Ajay Singh to refund of Rs. A division bench comprising of Justice Yashwant Varma and Justice Dharmesh Sharma dismissed the plea moved by SpiceJet seeking stay of the single judge order passed on July 31. About the Dispute …

Arbitration Cases Weekly Round-Up: May 07 To May 13, 2023
1 year, 10 months ago

Arbitration Cases Weekly Round-Up: May 07 To May 13, 2023

Live Law  

Supreme Court: Award Can Be Said To Be Suffering From 'Patent Illegality' Only If It Is An Illegality Apparent On The Face Of It : Supreme Court Case Title: Reliance Infrastructure Ltd. vs State of Goa The Supreme Court has observed that an award could be said to be suffering from “patent illegality” only if it is an illegality apparent …

Delhi high court rejects govt plea against RIL
1 year, 10 months ago

Delhi high court rejects govt plea against RIL

Live Mint  

The Delhi high court on Tuesday dismissed a petition filed by the Union government against a consortium led by Reliance Industries Ltd regarding a gas dispute in the Krishna Godavari basin. The ministry approached the court after an international arbitration panel rejected its fine of $1.55 billion on Reliance Industries and partners BP Plc and Niko Resources for allegedly selling …

Intention Of Legislature Is To Limit The Interference By The Courts In The Process Of Arbitration: Delhi HC
1 year, 10 months ago

Intention Of Legislature Is To Limit The Interference By The Courts In The Process Of Arbitration: Delhi HC

Live Law  

The Delhi High Court while dismissing the Petitions filed under Section 34 of Arbitration and Conciliation Act, 1996 has observed that it was deemed necessary by the legislature as well as the Courts to limit the interference by the Courts in the process of Arbitration, especially after the proceedings had been concluded. The Court also observed that unfettered intervention in …

Arbitration Cases Weekly Round-Up: April 02 To April 08, 2023
1 year, 11 months ago

Arbitration Cases Weekly Round-Up: April 02 To April 08, 2023

Live Law  

Bombay High Court: Limited Remedy Available Under S. 34 Of A&C Act Against Award Of Compensation Under NHA, Is Not A Ground To Invoke HC’s Writ Jurisdiction: Bombay High Court Case Title: M/s Omanand Industries & Anr. Calcutta High Court: Facilitation Council Has Exclusive Jurisdiction To Arbitrate Claims After The Supplier’s Registration Under The MSMED Act: Calcutta High Court Case …

Arbitration Cases Monthly Round-Up: January 2023
2 years, 1 month ago

Arbitration Cases Monthly Round-Up: January 2023

Live Law  

Supreme Court: Starting Point Of Limitation U/ Section 34 Arbitration Act In Cases Of Suo Motu Correction Of Award: Supreme Court Explains Case Title: USS Alliance versus State of Uttar Pradesh The Supreme Court has observed that the starting point for the limitation under Section 34 Arbitration and Conciliation Act, in case of suo moto correction of the award, would …

Arbitration Cases Weekly Round-Up: 15 January to 21 January 2022
2 years, 2 months ago

Arbitration Cases Weekly Round-Up: 15 January to 21 January 2022

Live Law  

Supreme Court: 12 Months Time Limit Under Section 29A Arbitration Act Not Applicable To International Commercial Arbitration: Supreme Court Case Title: TATA Sons Pvt Ltd versus Siva Industries and Holdings Ltd The Supreme Court has held that the time limit of twelve months as prescribed in Section 29A of Arbitration and Conciliation Act is not applicable for international commercial arbitration. …

Supreme Court Dismisses Centre's Plea Alleging Bias Against Foreign Arbitrators In Reliance Industries Arbitration
2 years, 2 months ago

Supreme Court Dismisses Centre's Plea Alleging Bias Against Foreign Arbitrators In Reliance Industries Arbitration

Live Law  

The Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha dismissed the central government's appeal which had sought to cease arbitration proceedings initiated by Reliance industries, BP Exploration, and Niko Resources against the Ministry of Petroleum and Natural Gas. The counsel appearing for the Centre, Senior Advocate AK Ganguli stated that the government had "lost faith" in …

Arbitration Cases Weekly Round-Up: 25 December To 31 December, 2022
2 years, 2 months ago

Arbitration Cases Weekly Round-Up: 25 December To 31 December, 2022

Live Law  

Bombay High Court: Correspondence Between Parties Cannot Overrule Clear Intention Under Agreement Providing For Optional Arbitration: Bombay High Court Case Title: GTL Infrastructure Ltd. versus Vodafone India Ltd. Arbitration Can Be Invoked Against Party Deleted From Section 9 Application: Bombay High Court Case Title: Deccan Paper Mills Co. Ltd. versus M/s. Calcutta High Court: Disclosure Of Impartiality By Arbitrator Appointed …

Arbitration Cases Weekly Round-Up: 20 November To 26 November, 2022
2 years, 3 months ago

Arbitration Cases Weekly Round-Up: 20 November To 26 November, 2022

Live Law  

Delhi High Court: Rights Under An Agreement Are Superseded By A Subsequent One? Arbitrator To Decide: Delhi High Court Case Title: PVR Limited versus Imperia Wishfield Private Limited The Delhi High Court has ruled that the arbitration clause relates to the resolution of disputes between the parties and not the performance of the contract and thus, the arbitration agreement survives …

Arbitration Cases Weekly Round-Up: 23 To 29 October, 2022
2 years, 4 months ago

Arbitration Cases Weekly Round-Up: 23 To 29 October, 2022

Live Law  

Bombay High Court: Execution Of Agreement, In Bid Document As Condition Precedent; Failure To Execute, Not A Concluded Contract: Bombay High Court Case Title: Kalpataru Limited versus Middle Class Friends Co-operative Housing Society Limited The Bombay High Court has ruled that where reference to a future contract is made in the tender documents and in the Letter of Intent issued …

Arbitration Cases Weekly Round-Up: 9 October To 15 October, 2022
2 years, 5 months ago

Arbitration Cases Weekly Round-Up: 9 October To 15 October, 2022

Live Law  

Delhi High Court: Period Of Limitation For Referring The Dispute To Arbitration Commences Only After The Failure Of Pre-Arbitration Mechanism: Delhi High Court Case Title: Welspun Enterprises Ltd. versus NCC Ltd. Whether A Claim Is A 'Notified Claim' Under The Contract, Falls Outside The Scope Of Arbitration: Delhi High Court Case Title: M/s Janta Associates and Co. Ltd. versus Indian …

Inordinate And Unexplained Delay In Rendering Arbitral Award Is Against Public Policy Of India: Delhi High Court
2 years, 10 months ago

Inordinate And Unexplained Delay In Rendering Arbitral Award Is Against Public Policy Of India: Delhi High Court

Live Law  

The Delhi High Court has ruled that inordinate and unexplained delay in rendering the arbitral award is in conflict with the public policy of India and is amenable to challenge under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner filed a petition under Section 34 of the A&C Act against the arbitral award before the Delhi High …

Factual/ Legal Errors In Arbitral Award Falling Short Of Perversity Do Not Merit Interference U/S 34 Or 37 Of Arbitration Act: Delhi High Court
2 years, 10 months ago

Factual/ Legal Errors In Arbitral Award Falling Short Of Perversity Do Not Merit Interference U/S 34 Or 37 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court has observed that the Arbitrator or Tribunal is the final arbiter on facts as well as in law, and even errors, factual or legal, which stop short of perversity, do not merit interference under sec. 37 of the Act challenging the order dated 12.07.2017 passed by the Single Judge of High Court which had dismissed the …

India’s poor compliance with investment awards
3 years, 2 months ago

India’s poor compliance with investment awards

Hindustan Times  

The roller-coaster ride of the interminable Devas saga continues. Yet, India continued to brazen it out — launching an investigation against Devas, leading to an order to liquidate the company by the National Company Law Tribunal, and refusing to comply with the BIT awards. The disputes that India lost include cases brought by leading global corporations such as Vodafone, Deutsche …

Delhi High Court Reserves Order On Plea By Future Group Challenging Orders Of Singapore Tribunal Refusing To Terminate Arbitration Proceedings
3 years, 2 months ago

Delhi High Court Reserves Order On Plea By Future Group Challenging Orders Of Singapore Tribunal Refusing To Terminate Arbitration Proceedings

Live Law  

The Delhi High Court will tomorrow pronounce orders on the plea filed by Future Group challenging the two orders passed by Singapore Arbitration Tribunal deferring hearing in it's plea seeking termination of arbitration proceedings after final hearing from January 5 to 8, 2022. Amazon invoked arbitration proceedings in Singapore to halt Future Retail's deal with the Reliance group. Background Justice …

Arbitration Court Reckoner :August-October 2021 (Part 2)
3 years, 2 months ago

Arbitration Court Reckoner :August-October 2021 (Part 2)

Live Law  

This is the second part of the article. Section 31 No scope for adding pre-award interest into the principal amount for calculating post-award interest by applying Section 31 of the Act when the Tribunal has only awarded post-award interest on principal sum In Overeas Drilling Limited v Directorate General Of Hydrocarbons Of India High Court of Delhi was dealing with …

Cairn Energy dispute | Vigorously defending case against arbitration order, says govt.
3 years, 9 months ago

Cairn Energy dispute | Vigorously defending case against arbitration order, says govt.

The Hindu  

The government is “vigorously defending” its case against an international arbitration order asking it to refund $1.2 billion to Cairn Energy over a retrospective tax dispute, the Finance Ministry said on Sunday, asserting that India had never “agreed to arbitrate” a national tax dispute. “The government has raised several arguments that warrant setting aside of the award including but not …

Arbitration Court Reckoner : February 2021
3 years, 11 months ago

Arbitration Court Reckoner : February 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 February 2021 under the Arbitration & Conciliation Act, 1996. Section 9 Court required to mould relief to secure claim of applicant in arbitral proceedings where Respondent has no assets at all or its assets are fully …

Delhi High Court Upholds Emergency Award Passed In Favour Of Amazon Against Future-Reliance Deal, Imposes Rs 20 Lakhs Cost On Future
4 years ago

Delhi High Court Upholds Emergency Award Passed In Favour Of Amazon Against Future-Reliance Deal, Imposes Rs 20 Lakhs Cost On Future

Live Law  

The Delhi High Court on Thursday allowed the application field by Amazon to enforce the emergency award against the Future-Reliance deal.The High Court held that the emergency arbitrator is an arbitrator for all the intents and purposes under Section 17 of Arbitration and Conciliation Act and an order passed by such an emergency arbitrator is enforceable under sec. The Delhi …

India filing appeal against Cairn arbitration award, say sources
4 years ago

India filing appeal against Cairn arbitration award, say sources

The Hindu  

India is in the process of filing an appeal against an arbitration panel ruling asking it to return $1.2 billion to British oil firm Cairn Energy Plc, sources said on Wednesday. India is in the process of filing an appeal in the Cairn arbitration award case, they said, adding it was well within India’s sovereign powers to redress the situation …

India will file appeal in Cairn arbitration case
4 years ago

India will file appeal in Cairn arbitration case

Live Mint  

India will file an appeal in the Cairn arbitration award case relating to the tax dispute concerning the British oil firm, sources said. They said Cairn Energy set up "a tax abusive structure" and did not pay taxes anywhere in the world on the gains that it made in India. However, India is open for a constructive settlement of tax …

Arbitration Court Reckoner : January 2021
4 years 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, …

Arbitration Court Reckoner : November & December 2020
4 years, 1 month ago

Arbitration Court Reckoner : November & December 2020

Live Law  

Section 2 & Section 2 Concept of emergency arbitration is not outside the scope or contrary to Part-1 of the Act In Future Retail Ltd. v Amazon.com Investment Holdings LLC & Ors., High Court of Delhi was dealing with a case where the international commercial arbitration was seated in India but was to be conducted in accordance with SIAC Rules …

Cairn Energy wins tax arbitration against India: What the case is all about
4 years, 2 months ago

Cairn Energy wins tax arbitration against India: What the case is all about

Business Standard  

India lost the Cairn arbitration case.The case was related to the retrospective tax amendment law and the verdict came late night Tuesday. Cairn received a notice from the income tax department in January 2014, raising a preliminary assessment of Rs 10,247 crore tax liability relating to the group reorganisation done in 2006, when Cairn UK transfered about 10 per cent …

Delhi High Court Says It Will Pass Its Order On Centre's Appeal Against Vodafone Grp Plc
4 years, 3 months ago

Delhi High Court Says It Will Pass Its Order On Centre's Appeal Against Vodafone Grp Plc

Live Law  

A Division Bench of Justice Rajiv Sahai Endlaw and Justice Asha Menon today said it would pass its order on an appeal by the Centre to restrain Vodafone Group Plc from initiating second arbitration proceedings under the India-UK Bilateral Protection Agreement, after the Centre asked the court to defer the appeal sine die, refusing to make a statement on whether …

Arbitration Court Reckoner: September 2020
4 years, 4 months ago

Arbitration Court Reckoner: September 2020

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 September 2020 under the Arbitration & Conciliation Act, 1996. Chaitanya Construction Company v Delhi Jal Board High Court of Delhi took note of the fact that S. 7 of the Act itself provides that the arbitration …

Arbitration: Court Reckoner - July 2020
4 years, 6 months ago

Arbitration: Court Reckoner - July 2020

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 July 2020 under the Arbitration & Conciliation Act, 1996. v Bajaj Finance Ltd., High Court of Delhi while dealing with a petition seeking restraint on sale of pledged shares on the ground that the fall in …

Supreme Court Monthly Digest: June 2020
4 years, 7 months ago

Supreme Court Monthly Digest: June 2020

Live Law  

Electricity Dues, Where They Are Statutory In Character Under Electricity Act, Cannot Partake The Character Of Dues Of Purely Contractual Nature: SC Oder dated June 1, 2020 The Supreme Court clarified that electricity dues, where they are statutory in character under the Electricity Act and as per the terms & conditions of supply, cannot be waived in view of the …

Arbitration: Court Reckoner [June 2020]
4 years, 8 months ago

Arbitration: Court Reckoner [June 2020]

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 June 2020 under the Arbitration & Conciliation Act, 1996. In Rashmi Cement Ltd. v World Metals & Alloys & Anr., High Court of Delhi while dealing with a S. 9 Petition seeking certain interim measures in …

Limited Scope Of Interference With An International Commercial Arbitration: Delhi HC [Read Judgment]
5 years, 2 months ago

Limited Scope Of Interference With An International Commercial Arbitration: Delhi HC [Read Judgment]

Live Law  

In a significant ruling while discussing the scope of judicial interference with awards of an international commercial arbitration, the Delhi High Court on Tuesday dismissed a German manufacturer's claim for damages against BHEL, India. "the scope of interference for International Commercial Arbitration, in India, subsequent to the amendment of Section 34 of the Act, has been narrowed down and even …

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