Court's Jurisdiction U/S 34 Of Arbitration Act Against Award Under MSMED Act Is Determined By Agreement Between Parties: Gujarat HC
4 days, 18 hours ago

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

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The Gujarat High Court bench of Mrs. Chief Justice Sunita Agarwal and Mr.Justice Pranav Trivedi of has held that the jurisdiction of the Court to hear the application under Section 34 of the Arbitration Act' 1996 as to challenge the award passed under Section 18 of the MSMED Act' 2006, would be governed by the agreement between the parties which has conferred exclusive jurisdiction to a particular Court. While relying on the Bombay High Court judgment, it was submitted that the application under Section 34 of the Arbitration Act' 1996 to challenge the award passed under Section 18 of the MSMED Act' 2006 would be covered by the agreement between the parties which has conferred exclusive jurisdiction to a particular Court, and would not lie to the Court at a place where award has been passed under Section 18 of the MSMED Act' 2006 which is guided by the location of the supplier. Having noted the scheme of both the Acts, the court observed that “once the challenge is put forth before the Court defined in Section 2 of the Arbitration Act, 1996 by making pre-requisite deposit as per Section 19 of the MSMED Act' 2006, the interplay between the MSMED Act' 2006 and the Arbitration Act' 1996 would come to an end.” It further observed that The Legislature which fixes the jurisdiction of the MSME Facilitation Council by virtue of sub-section of Section 18, has not prescribed any provision dealing with the jurisdiction of the Courts entertaining application for setting aside any decree, award or other order made either by the Council itself or by any institution or center referred to by the Council, in view of the fact that the provisions of the Arbitration and Conciliation Act, 1996 are applicable at both the stages of making of the award and post-passing of the award. “The only mode and manner of referring the dispute for conciliation and arbitration and appointment of an arbitrator in case of disagreement between the parties, as governed by the Arbitration Act' 1996 has been replaced by the statutory scheme of the MSMED Act' 2006.” the court added Based on the above, the court observed that the contention of the learned counsel for the respondent that by virtue of the overriding effect of sub-section of Section 18 read with Section 24 of the MSMED Act' 2006, the juridical seat of arbitration proceedings has been fixed and it would result in exclusion of the jurisdiction of the Civil Court anywhere else in India where cause of action for adjudication of the dispute lies, is untenable.

Odisha Arbitration Jurisdiction Court Gujarat Parties Courts Council Act Contra Seat Award 2006 Cuttack 1996 Section 37 Section 19 Mehsana Section 34 Of Section 18 Msmed Act Exclusive Jurisdiction Msmed Msme Facilitation Council Msme Felicitation Council  court  act  arbitration  msmed  award  parties  place  2006  1996  gujarat  seat  hc  determined  jurisdiction  courts

History of this topic

Arbitration Cases Annual Digest 2024
6 days, 23 hours ago

Arbitration Cases Annual Digest 2024

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Supreme Court Supreme Court Issues Notice On Plea Challenging Validity Of Section 3G Of National Highways Act Case Title: B.D. High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case Title: CHIEF ENGINEER PWD VERSUS M/S BSC & C and C JV Citation : 2024 LiveLaw 425 …

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

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

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna has held that section 2 of the Arbitration Act which defined the International Commercial Arbitration is a non derogable provision and its applicability cannot be excluded even by mutual consent of the parties. However, certain Sections of the Act, like S.2 which is the definition section, form the basic structure …

Arbitration Monthly Digest: November, 2024
1 month ago

Arbitration Monthly Digest: November, 2024

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Supreme Court Government Entity Can't Be Given Differential Treatment While Staying Operation Of Arbitral Award : Supreme Court Case Title: International Seaport Dredging Pvt Ltd Versus Kamarajar Port Limited, Case Number- Civil Appeal No 12097 of 2024 Recently, the Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the …

Court's Supervisory Role Over Arbitral Proceedings Would Be Determined As Per CPC If No Neutral Location Is Specified: Delhi High Court
1 month, 2 weeks ago

Court's Supervisory Role Over Arbitral Proceedings Would Be Determined As Per CPC If No Neutral Location Is Specified: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Jasmeet Singh affirmed that if there is a neutral location specified in the contract data, that location would be the place of arbitration and the court having supervisory jurisdiction over the place would have jurisdiction. Contentions The petitioner submitted that the Clause 20.6 contains the place of arbitration as “neutral location” specified in …

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

Referral Court Has Limited Role U/S 11 Of Arbitration Act To Verify Existence Of Arbitration Agreement: Rajasthan High Court

Live Law  

The Rajasthan High Court bench of Justice Sudesh Bansal affirmed that the scope of arbitration application, in view of Section 11 of the Arbitration Act, 1996 is confined and limited to the extent of examining the existence of arbitration agreement between the parties for resolution of dispute. Brief Facts Applicant has filed instant arbitration application under Section 11 of the …

Award Can Be Set Aside U/S 34 Of Arbitration Act If Arbitrator Travels Beyond Arbitration Agreement: Madhya Pradesh HC
Trending News
1 month, 3 weeks ago

Award Can Be Set Aside U/S 34 Of Arbitration Act If Arbitrator Travels Beyond Arbitration Agreement: Madhya Pradesh HC

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The Madhya Pradesh High Court bench of Justice Subodh Abhyankar affirmed that if arbitrator travels beyond the terms of the arbitration agreement while passing an award, such an award is liable to be set aside under section 34 of the Arbitration Act. Brief Facts This Arbitration Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 has been filed …

Deposit Of Awarded Amount In Court Registry Sufficient To Extinguish Liability Arising Under Award: Himachal Pradesh High Court
1 month, 3 weeks ago

Deposit Of Awarded Amount In Court Registry Sufficient To Extinguish Liability Arising Under Award: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court bench of Mr. Justice Bipin Chander Negi has held that the deposit of awarded amount in pursuance of an order of the court into the court registry would be equivalent to payment under section 31 of the Arbitration Act. In the reply, so filed, a specific objection qua pecuniary jurisdiction of the Hon'ble Court was …

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

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

Live Law  

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

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

Arbitration Weekly Round-Up: 4th November To 10th November 2024

Live Law  

Supreme Court Government Entity Can't Be Given Differential Treatment While Staying Operation Of Arbitral Award : Supreme Court Case Title: International Seaport Dredging Pvt Ltd Versus Kamarajar Port Limited, Case Number- Civil Appeal No 12097 of 2024 Recently, the Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the …

Arbitration Monthly Digest: October 2024
1 month, 4 weeks ago

Arbitration Monthly Digest: October 2024

Live Law  

Supreme Court Case Title: R.P. Case Title: LAVA INTERNATIONAL LIMITED Vs MINTELLECTUALS LLP Citation: 2024 LiveLaw 1114 The Delhi High Court bench comprising Justice Prateek Jalan has held that in orders passed by the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996, the court is not bound by the principles underlying Order XXXVIII and XXXIX of …

Determining 'Seat' In International Arbitration : Supreme Court Takes Shift From 'Closest Connection Test', Says Express Designation Of Place Matters
2 months ago

Determining 'Seat' In International Arbitration : Supreme Court Takes Shift From 'Closest Connection Test', Says Express Designation Of Place Matters

Live Law  

In a key ruling on International Commercial Arbitration, the Supreme Court held that when an arbitration agreement grants non-exclusive jurisdiction to a foreign court, that court is considered the "seat of arbitration." Taking a shift from the 'Close Connection Test' to determine the seat of the arbitration, the Court observed that “the more appropriate criterion for determining the seat of …

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

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

Live Law  

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

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

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

Live Law  

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

The Significance Of The Seat Of Arbitration
6 months, 4 weeks ago

The Significance Of The Seat Of Arbitration

Live Law  

Seat of arbitration refers to the legal jurisdiction where the arbitration is supposed to take place. In the case of Devyani International Ltd. v. Siddhivinayak Builders and Developers,, the Hon'ble Delhi High Court encountered a legal issue wherein clause 11 of the agreement specified the seat of arbitration as Delhi. The parties agreeing to the seat of arbitration being at …

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

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

Live Law  

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

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

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

Live Law  

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

Arbitration Monthly Round Up: February 2024
10 months ago

Arbitration Monthly Round Up: February 2024

Live Law  

Supreme Court Case Title: M/s Arif Azim Co. Ltd. Need For Broad Panel To Choose From To Ensure Arbitrator's Independence As Per Clause 64 of GCC: Delhi High Court Case Title: The Braithwaite Burn and Jessop Construction Co Ltd vs Northern Railway The Delhi High Court bench comprising Justice Sachin Datta allowed an application made under Section 14 of the …

Designation Of Seat Of Arbitration Akin To An Exclusive Jurisdiction Clause: Delhi High Court Allows Section 11 Application
10 months ago

Designation Of Seat Of Arbitration Akin To An Exclusive Jurisdiction Clause: Delhi High Court Allows Section 11 Application

Live Law  

The Delhi High Court single bench of Justice Prateek Jalan held that designation of a seat of arbitration is akin to an exclusive jurisdiction clause. The parties having been unable to achieve consensus on the appointment of the arbitrator, the Petitioner approached the Delhi High Court and filed an application under Section 11 of the Arbitration and Conciliation Act, 1996. …

MSME Facilitation Council Can't Arbitrate Matters Pertaining To Individual Service Providers Outside The Scope Of MSME Act: Delhi High Court
10 months, 1 week ago

MSME Facilitation Council Can't Arbitrate Matters Pertaining To Individual Service Providers Outside The Scope Of MSME Act: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Prateek Jalan held that the MSME Facilitation Council does not have the jurisdiction to arbitrate matters pertaining to individual service providers who do not fall under the definition of 'supplier' under the MSME Act. The Petitioner approached the Delhi High Court and filed an application under Section 34 of the Arbitration and …

Seat Of Arbitration Inferred By Contractual Clauses & Conduct Of Parties, Venue Is Considered Seat In Absence Of Other Indications: Delhi High Court
10 months, 2 weeks ago

Seat Of Arbitration Inferred By Contractual Clauses & Conduct Of Parties, Venue Is Considered Seat In Absence Of Other Indications: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Anup Jairam Bhambhani held that mere expression of "place of arbitration" does not automatically indicate the seat and the determination of the seat should be inferred from other clauses in the agreement and the conduct of the parties. Ltd filed an application under Section 11 of the Arbitration & Conciliation Act 1996 …

Arbitration Weekly Round Up: 12th February to 18th February 2024
10 months, 2 weeks ago

Arbitration Weekly Round Up: 12th February to 18th February 2024

Live Law  

Delhi High Court Case Title: Allied-Dynamic Joint Venture vs Ircon International Ltd, Delhi The Delhi High Court bench comprising Justice Pratibha M. Singh held that objections regarding bias against an arbitrator, as outlined in Section 12 of the Arbitration and Conciliation Act, 1996, cannot be raised after the arbitrator has rendered a decision under Section 31. Absence Of Term “Seat” …

MSME Facilitation Council Can't Refer Enterprises To Arbitration For Contracts They Signed Before Registration Under MSME Act: Delhi H.C.
10 months, 3 weeks ago

MSME Facilitation Council Can't Refer Enterprises To Arbitration For Contracts They Signed Before Registration Under MSME Act: Delhi H.C.

Live Law  

The Delhi High Court bench comprising Justice Prateek Jalan held that registration under the MSME Act is a prerequisite for availing its benefits, and such benefits cannot be claimed retrospectively for contracts entered into before registration. The bench held that the Micro and Small Enterprises Facilitation Council doesn't have the power to entertain the dispute under Section 18 of the …

Calcutta High Court Annual Arbitration Law Digest 2023
11 months, 3 weeks ago

Calcutta High Court Annual Arbitration Law Digest 2023

Live Law  

Order Of Emergency Arbitrator In Foreign Seated Arbitration, Can Be Considered While Dealing With Section 9 Application: Calcutta High CourtCase Title: Uphealth Holdings Inc versus Glocal Healthcare Systems Pvt. Pendency Of Conciliation Proceedings Before Facilitation Council Under MSMED Act Doesn't Debar The Court From Appointing Arbitrator Under S. 11 Of Arbitration Act: Calcutta High Court Case Title: Essar Oil and …

Arbitration Monthly Round-Up: October 2023
1 year, 2 months ago

Arbitration Monthly Round-Up: October 2023

Live Law  

Supreme Court Arbitration | Awarding Claim For Loss Of Profit Without Substantial Evidence Is In Conflict With Public Policy Of India: Supreme Court Case Title: M/S UNIBROS v. ALL INDIA RADIO, ARISING OUT OF SLP NO. In allowing the plea for appointment of an arbitrator u/s 11 of the Act, a single-bench of Justice Moushumi Bhattacharya noted that “a turning …

Designation Of Venue Of Arbitration Tantamount To Seat Of Arbitration In Absence Of A Significant Contrary Indicia: Delhi High Court Reiterates
1 year, 2 months ago

Designation Of Venue Of Arbitration Tantamount To Seat Of Arbitration In Absence Of A Significant Contrary Indicia: Delhi High Court Reiterates

Live Law  

The High Court of Delhi has held that the venue of arbitration would actually be the seat of arbitration when the agreement does not contain any contrary indicia. It held that clause proving for venue of arbitration would have a superseding effect over a clause providing for exclusive jurisdiction on any other Court if the parties have expressly made the …

Top 10 Arbitration Judgments [January To September 2023]
1 year, 3 months ago

Top 10 Arbitration Judgments [January To September 2023]

Live Law  

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

Arbitration Cases Weekly Round-Up: 14 to 20 August 2023
1 year, 4 months ago

Arbitration Cases Weekly Round-Up: 14 to 20 August 2023

Live Law  

Supreme Court: Arbitration Award Cannot Be Set Aside On Mere Possibility Of An Alternative View On Facts Or Interpretation Of Contract: Supreme Court Case Title: Konkan Railway Corporation Limited vs Chenab Bridge Project Undertaking The Supreme Court observed that Arbitration awards cannot be set aside on mere possibility of an alternative view on facts or interpretation of the contract. Calcutta …

Arbitration Cases Weekly Round- Up: 11 June To 17 June 2023
1 year, 6 months ago

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

Live Law  

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

Arbitration Cases Monthly Round-Up: May 2023
1 year, 7 months ago

Arbitration Cases Monthly Round-Up: 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. Delay In Resuming The Arbitration Proceedings Will Not Make The Claim Time Barred: Calcutta High Court Case Title: East India Minerals Limited vs The Orissa Mineral Development Company Limited The Calcutta …

Mere Signing Of The Award At A Place Cannot Be The Determinative Factor For Ascertaining The Place Of Arbitration: Bombay High Court
1 year, 8 months ago

Mere Signing Of The Award At A Place Cannot Be The Determinative Factor For Ascertaining The Place Of Arbitration: Bombay High Court

Live Law  

The Bombay High Court has ruled that mere signing of the arbitral award at a place cannot be the determinative factor for ascertaining the place of arbitration. The petitioner/ award debtor, Gurumahima Heights Co-operative Housing Society Ltd, filed a petition under Section 34 of the A&C Act before the Bombay High Court, challenging an arbitral award passed in favour of …

Pendency Of Conciliation Proceedings Before Facilitation Council Under MSMED Act Doesn’t Debar The Court From Appointing Arbitrator Under S. 11 Of Arbitration Act: Calcutta High Court
1 year, 8 months ago

Pendency Of Conciliation Proceedings Before Facilitation Council Under MSMED Act Doesn’t Debar The Court From Appointing Arbitrator Under S. 11 Of Arbitration Act: Calcutta High Court

Live Law  

The Calcutta High Court has held that a prior reference to the Facilitation Council under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006, which is still at the stage of conciliation, does not debar the Court from passing an order under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator on the …

Arbitration Cases Weekly Round-Up: April 02 To April 08, 2023
1 year, 8 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
1 year, 11 months 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 …

‘Seat’ Of Arbitration Would Be Where Facilitation Council Under MSMED Act Conducted Arbitral Proceedings Delhi High Court
1 year, 11 months ago

‘Seat’ Of Arbitration Would Be Where Facilitation Council Under MSMED Act Conducted Arbitral Proceedings Delhi High Court

Live Law  

The Delhi High Court has ruled that the ‘Seat’ of arbitration would be the place where the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006 has conducted the arbitral proceedings as per the provisions of Section 18 of the MSMED Act. The bench of Justice Prateek Jalan remarked that since there was no arbitration agreement between …

Arbitration Cases Weekly Round-Up: 22 To 28 January, 2023
1 year, 11 months ago

Arbitration Cases Weekly Round-Up: 22 To 28 January, 2023

Live Law  

Bombay High Court: Award Debtor Failed To Take Recourse To S. 26 of Arbitration Act; Cannot Challenge Award Claiming Expert Was Not Examined: Bombay High Court Case Title: Zenobia Poonawala versus Rustom Ginwalla & Ors. Reference Under Section 18 Of MSMED Act Would Override Arbitration Agreement Between Parties: Bombay High Court Case Title: Bajaj Electricals Limited versus Chanda S. Khetawat …

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

Section 9 Of The A&C Act Is A Provision In Aid Of The Arbitration, Applies To Foreign Seated Arbitration Also: Calcutta High Court Reiterates
2 years, 1 month ago

Section 9 Of The A&C Act Is A Provision In Aid Of The Arbitration, Applies To Foreign Seated Arbitration Also: Calcutta High Court Reiterates

Live Law  

The High Court of Calcutta has held that Section 9 of the A&C Act that provides for interim relief by the Court applies to foreign seated arbitration as well. Contention Of The Parties The petitioner sought the relief on the following grounds: Post the 2015 Amendment to the Act, the relief under Section 9 of the Act is also available …

Arbitration Survives Even If Arbitration Under MSMED Act Declared Non-Maintainable: Madras High Court
2 years, 1 month ago

Arbitration Survives Even If Arbitration Under MSMED Act Declared Non-Maintainable: Madras High Court

Live Law  

The Madras High Court has ruled that once a dispute is referred to the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006, if the Facilitation Council adjudicates the dispute on merits, such decision would operate as res judicata and would bar the institution of arbitral proceedings in respect of the same dispute. The High Court ruled …

Arbitration Cases Weekly Round-Up: 11 September To 17 September 2022
2 years, 3 months ago

Arbitration Cases Weekly Round-Up: 11 September To 17 September 2022

Live Law  

Supreme Court: Disputes Related To Tax Concessions Are Not Arbitrable: Supreme Court Case Title: M/s Shree Enterprise Coal Sales Pvt Ltd. versus Union Of India The Supreme Court has held that disputes related to tax concessions are not arbitrable. Rejection Of Belated Application For Amendment Of Claim - Not An Interim Award: Delhi High Court Case Title: Punita Bhardwaj versus …

Participation In Arbitral Proceedings Without Protest, In Absence Of Agreement On Seat; Venue Is Also The Seat Of Arbitration: Allahabad High Court
2 years, 3 months ago

Participation In Arbitral Proceedings Without Protest, In Absence Of Agreement On Seat; Venue Is Also The Seat Of Arbitration: Allahabad High Court

Live Law  

The Allahabad High Court has ruled that where the parties have failed to specifically mention the seat of arbitration and have participated in the arbitral proceedings at a place without any protest, the parties shall be said to have determined, by their conduct, the said venue of arbitral proceedings as also the seat of arbitration. The petitioner averred that since …

Arbitration Cases Monthly Round Up: August 2022
2 years, 4 months ago

Arbitration Cases Monthly Round Up: August 2022

Live Law  

Supreme Court: Mere Use Of Words "Arbitration" Or "Arbitrator" In A Clause Won't Make It Arbitration Agreement: Supreme Court Case Title: Mahanadi Coalfields Ltd. versus IVRCL AMR Joint Venture Citation: 2022 LiveLaw 657 The Supreme Court observed that an arbitration agreement should disclose a determination and obligation on behalf of the parties to refer the disputes to arbitration. Conduct Of …

Arbitration Cases Weekly Round-Up: 14 August To 20 August, 2022
2 years, 4 months ago

Arbitration Cases Weekly Round-Up: 14 August To 20 August, 2022

Live Law  

Bombay High Court: Arbitral Tribunal Not Barred Under Section 79 Of The RERA Act From Passing An Order Of Injunction: Bombay High Court Case Title: Ashok Palav Coop. Calcutta High Court: Conduct Of The Parties Can't Substitute Arbitration Agreement: Calcutta High Court Case Title: Eastern Coalfields Ltd. versus RREPL-KIPL The Calcutta High Court has held that the Court while exercising …

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

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

Live Law  

Andhra Pradesh High Court: Arbitration Agreement Not A Bar For Referring Parties To Facilitation Council Under MSMED Act:Andhra Pradesh High Court Case Title: M/s. Delhi High Court: Supersession Of The Arbitration Clause Must Not Be Inferred Lightly: Delhi High Court Case Title: Shristi Infrastructure Development Corporation Ltd. versus Ircon International Limited Citation: 2022 LiveLaw 778 The Delhi High Court has …

Arbitration Cases Monthly Round-up: July 2022
2 years, 5 months ago

Arbitration Cases Monthly Round-up: July 2022

Live Law  

Supreme Court: Court Under Section 34,37 Arbitration Act Cannot Modify An Award ; It Can Only Remand: Supreme Court Case Title: National Highways Authority of India versus P. Nagaraju @ Cheluvaiah Citation: 2022 LiveLaw 584 The Supreme Court observed that, under Section 34 or 37 of Arbitration and Conciliation Act, a Court cannot modify the award passed by the Arbitrator. …

Can't Maintain Proceedings U/S 34 Arbitration Act Before Two Fora: Gujarat High Court
2 years, 5 months ago

Can't Maintain Proceedings U/S 34 Arbitration Act Before Two Fora: Gujarat High Court

Live Law  

The Gujarat High Court, while dismissing the Civil Application of the Petitioner which challenged the award of the relevant arbitration, has observed that the Petitioner had 'conveniently' initiated two proceedings- one before the instant Bench and another before the District Court under Sec 34. The brief facts of the case were that the Petitioner had challenged the order of the …

Place Designated As The "Venue" Of Arbitration In Its Entirety, Is The "Seat" Of Arbitration: Bombay High Court
2 years, 6 months ago

Place Designated As The "Venue" Of Arbitration In Its Entirety, Is The "Seat" Of Arbitration: Bombay High Court

Live Law  

The Bombay High Court has reiterated that whenever a place is designated as the "venue" of the arbitration proceedings in its entirety in an Arbitration Clause, the said place would necessarily be the "seat" of the arbitral proceedings. The respondent VLCC submitted before the High Court that as per the Arbitration Agreement between the parties, the arbitral proceedings are to …

Arbitration Cases Weekly Round-Up: 12 June To 18 June, 2022
2 years, 6 months ago

Arbitration Cases Weekly Round-Up: 12 June To 18 June, 2022

Live Law  

Bombay High Court: Court Can Pass An Order Of Interim Measures Under Section 9Of The A&C Act Against A Third Party: Reiterates Bombay High Court Case Title: Choice Developers versus Pantnagar Pearl CHS Ltd. & Ors. Proceedings Under Section 9 Of A&C Act Cannot Be Used For Enforcement Of The Conditions Of A Contract: Gujarat High Court Case Title: Kanhai …

The Unending Saga Of The Seat Of The Arbitration: Delhi High Court Disregards The Seat Of Arbitration And Favours The Exclusive Jurisdiction Clause In A Domestic Arbitration
2 years, 7 months ago

The Unending Saga Of The Seat Of The Arbitration: Delhi High Court Disregards The Seat Of Arbitration And Favours The Exclusive Jurisdiction Clause In A Domestic Arbitration

Live Law  

The Delhi High Court recently in Hunch Circle Private Limited v. Future Times Technology India Private Limited rejected an application for appointment of an arbitrator citing lack of jurisdiction, despite the agreement categorically specifying the seat of arbitration as Delhi. FINDINGS: The Delhi High Court, relying upon its earlier decision in Cars 24 Services v. Cyber Approach held that "where …

Monthly Digest Of Arbitration Cases : May 2022
2 years, 7 months ago

Monthly Digest Of Arbitration Cases : May 2022

Live Law  

Supreme Court "Group Of Companies" Doctrine Needs Relook,Says Supreme Court; Refers Issues To Larger Bench Case Title: Cox and Kings Limited versus SAP India Private Limited and Anr. The Single Bench of Justice Ravi Krishan Kapur held that the security directed to be deposited by a Court under Section 36 of the A&C Act should be real and realisable, and …

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