Constitution Of Arbitral Tribunal Is Not A Bar On A Party's Right To Approach Section 9 Court For Implementation Of Its Order: Calcutta High Court
10 months, 2 weeks ago

Constitution Of Arbitral Tribunal Is Not A Bar On A Party's Right To Approach Section 9 Court For Implementation Of Its Order: Calcutta High Court

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The High Court of Calcutta has held that constitution of arbitral tribunal is not a bar on a party's right to approach Section 9 Court for implementation of its order. Analysis by the Court The Court noted that the Commercial Court at Rajarhat had jurisdiction to implement its own order under Section 9 of the A&C Act, even after the constitution of the Arbitral Tribunal. The Court held that constitution of arbitral tribunal is not a bar on a party's right to approach Section 9 Court for implementation of its order. The Court held that the petitioner should have approached the Commercial Court under Section 9 for the enforcement of its order and for action against respondent no.4 for violation of the Court's order.

High Court Constitution Court Bank Bar Writ Order Tribunal Held Respondent No Respondent Cpc Arbitral Its Order Section 17 Npa Section 9 9 Court Section 9 Court  calcutta  partys  court  tribunal  constitution  order  right  respondent  held  bar  bank  mr  writ  implementation  arbitral  high

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
3 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 …

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

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

Live Law  

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

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

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

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

'Arbitrator Can Only Decide On Point Which Is Referred To Tribunal, Not Entire Dispute': Kerala High Court
1 month, 3 weeks ago

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

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

Calcutta High Court Annual Digest: Part-II [Citations: 100-199]
2 months, 1 week ago

Calcutta High Court Annual Digest: Part-II [Citations: 100-199]

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Constitution Of Arbitral Tribunal Is Not A Bar On A Party's Right To Approach Section 9 Court For Implementation Of Its Order: Calcutta High Court Case Title: RKD Niraj JV & Ors v. Union of India & Ors, WPO No. Law Doesn't Discriminate Between Individual Women, Couples Seeking IVF; No Requirement For Sperm/Oocyte To Come From Couple Themselves: Calcutta HC …

Findings Of Calcutta HC Cannot Be Challenged Before Courts At Patna After Objections Over Jurisdiction Were Dismissed: Patna High Court
3 months, 1 week ago

Findings Of Calcutta HC Cannot Be Challenged Before Courts At Patna After Objections Over Jurisdiction Were Dismissed: Patna High Court

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The Patna High Court Bench of Justice Sandeep Kumar has held that the findings of the Calcutta High Court cannot be challenged in the Courts at Patna. Also, the court held that on the question of jurisdiction the Calcutta High Court has already given categorical findings rejecting the objections raised of the petitioner. Thereafter, the court affirmed the findings of …

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
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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

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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 …

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 …

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 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 …

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 …

Chief Justice Or Their Designate Cannot Adjudicate Merits Of Dispute Under Section 11 Of Arbitration Act: Calcutta High Court
8 months, 2 weeks ago

Chief Justice Or Their Designate Cannot Adjudicate Merits Of Dispute Under Section 11 Of Arbitration Act: Calcutta High Court

Live Law  

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that it is completely beyond the domain of the Chief Justice and/or his designate, sitting in jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996, to adjudicate even prima facie on the merits of an arguable issue involved in the matter, which would fall categorically within the …

Court Fully Empowered To Extend Mandate Even After Expiry Of Arbitral Tribunal's Mandate Under Section 29A(4): Delhi High Court
9 months, 2 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 …

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 …

Court Under Section 9 Of A&C Act Can Punish For Disobedience Of Its Order, Power Akin To Order 39 Rule 2A Of CPC: Calcutta High Court
10 months, 2 weeks ago

Court Under Section 9 Of A&C Act Can Punish For Disobedience Of Its Order, Power Akin To Order 39 Rule 2A Of CPC: Calcutta High Court

Live Law  

The High Court of Calcutta has held that the Court under Section 9 of the A&C Act can punish for the disobedience of its order. Thereafter, the petitioner approached the Commercial Court under Section 9 of the A&C Act seeking refund of the encashed amount and also restraining the respondent from acting on notice of invocation in respect of the …

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, 2 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 …

Consumer Forum Cannot Assume Jurisdiction When Special Statue Prescribes Arbitration; Calcutta High Court Set Aside West Bengal State Commission Order
1 year ago

Consumer Forum Cannot Assume Jurisdiction When Special Statue Prescribes Arbitration; Calcutta High Court Set Aside West Bengal State Commission Order

Live Law  

The Calcutta High Court single bench of Justice Prasenjit Biswas held that consumer forum cannot assume jurisdiction when a special statue prescribes for arbitration and designates a forum for adjudication of disputes. The Petitioner appealed the District Forum's decision to the West Bengal State Consumer Disputes Redressal Commission, which, upheld the District Forum's order. The High Court observed that both …

Calcutta High Court Annual Arbitration Law Digest 2023
1 year, 2 months ago

Calcutta High Court Annual Arbitration Law Digest 2023

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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 …

Right Of A Party To Nominate 2/3rd Of The Arbitral Tribunal Violates Counter-Balancing: Delhi High Court Reiterates
1 year, 3 months ago

Right Of A Party To Nominate 2/3rd Of The Arbitral Tribunal Violates Counter-Balancing: Delhi High Court Reiterates

Live Law  

The High Court of Delhi has held that an arbitration clause that confers on a party the right to nominate 2/3rd of arbitral tribunal violates the principles of 'counter-balancing' as sought to be achieved by the Supreme Court in the landmark judgment in Perkins. That the Supreme Court in CORE has upheld the validity of a similarly worded arbitration clause …

Arbitration Cases Weekly Round-Up: 6th November - 12th November
1 year, 4 months ago

Arbitration Cases Weekly Round-Up: 6th November - 12th November

Live Law  

Supreme Court Court Can Examine If Arbitration Clause Is Arbitrary & Violates Article 14 While Considering S.11 Application: Supreme Court Case Title: Lombardi Engineering Ltd v. State of Uttarakhand Citation: 2023 LiveLaw 958 In a significant judgment, the Supreme Court held that a clause in an arbitration agreement which is not in consonance with the Constitution cannot be enforced. Case: …

Calcutta HC Stays Order For Formation Of “High-Level Enquiry Committee” To Probe Collusion Among Railway Officials In Obtaining Arbitral Award
1 year, 5 months ago

Calcutta HC Stays Order For Formation Of “High-Level Enquiry Committee” To Probe Collusion Among Railway Officials In Obtaining Arbitral Award

Live Law  

The Calcutta High Court has partially stayed an order of a single-bench which directed the formation of a “multi-member high level enquiry committee” to look into and furnish a report on alleged collusion between railway officials in obtaining an arbitral award in favour of the South-Eastern Railways. A division-bench of Justice IP Mukherji and Justice Biswaroop Chowdhury held that while …

Calcutta High Court Denies Relief To Bank Manager Accused Of ‘Threatening’ Employee Who Complained Of Illegal Termination
1 year, 5 months ago

Calcutta High Court Denies Relief To Bank Manager Accused Of ‘Threatening’ Employee Who Complained Of Illegal Termination

Live Law  

The Calcutta High Court has refused to quash criminal proceedings against a Branch Manager of Standard Chartered bank who had been accused u/s 506 and 509 of the IPC for allegedly threatening an employee who had approached the Labour forum against illegal termination of service. Complainant submitted that the petitioner had threatened her to withdraw her case before the labour …

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 …

“Counter-Balancing” Not Achieved When 2/3rd Members Of The Arbitral Tribunal To Be Appointed By One Party: Delhi High Court
1 year, 8 months ago

“Counter-Balancing” Not Achieved When 2/3rd Members Of The Arbitral Tribunal To Be Appointed By One Party: Delhi High Court

Live Law  

The Delhi High Court has ruled that where a party is required to appoint an arbitrator from a panel made by the other contracting parties, it is mandatory for the panel to be sufficiently broad based, in conformity with the principle laid down by the top court in Voestalpine Schienen Gmbh vs. Delhi Metro Rail Corporation Ltd, 4 SCC 665. …

Finding Of The Tribunal Regarding The Existence Of The Arbitration Agreement Should Not Be Interfered With Unless It Is Manifestly Clear That There Was No Agreement: Calcutta High Court
1 year, 8 months ago

Finding Of The Tribunal Regarding The Existence Of The Arbitration Agreement Should Not Be Interfered With Unless It Is Manifestly Clear That There Was No Agreement: Calcutta High Court

Live Law  

The High Court of Calcutta has held the Courts, while exercising powers under Section 48 of the A&C Act, cannot re-appreciate the evidence or substitute its view with that of the arbitral tribunal. : the respondent contended that the petitioner has not filed, with the arbitration award, a copy of the original arbitration agreement, therefore, the enforcement should be refused …

Arbitration Cases Weekly Round-Up: 14 To 20 May, 2023
1 year, 9 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 …

Arbitral Tribunal’s Order Rejecting Party’s Request To File Counter Claims On Ground Of Delay, Doesn’t Foreclose Its Right To Invoke Arbitration: Delhi High Court
2 years ago

Arbitral Tribunal’s Order Rejecting Party’s Request To File Counter Claims On Ground Of Delay, Doesn’t Foreclose Its Right To Invoke Arbitration: Delhi High Court

Live Law  

The Delhi High Court has ruled that the Arbitral Tribunal’s order rejecting a party’s request to file counter claims on the ground of delay, does not foreclose its right to invoke arbitration seeking independent reference of its claims. In a petition filed by the respondent under Section 11 of the Arbitration and Conciliation Act, 1996 before the Delhi High Court, …

Arbitrator’s Direction For Disclosure Of Not Relevant Information Is An Order Under S. 19 And Not 17 Of Arbitration Act: Bombay High Court
2 years ago

Arbitrator’s Direction For Disclosure Of Not Relevant Information Is An Order Under S. 19 And Not 17 Of Arbitration Act: Bombay High Court

Live Law  

The Bombay High Court has ruled that no appeal is maintainable under Section 37 of the Arbitration and Conciliation Act, 1996 against the order of the Arbitral Tribunal directing the party to disclose the contents of sealed envelope submitted by it at the time of tendering of evidence, since the same did not relate to the subject matter of arbitration …

Court Not Powerless To Appoint Appropriate Arbitral Tribunal, Even If Party Forfeits Its Right Under Arbitration Clause: Bombay High Court
2 years, 1 month ago

Court Not Powerless To Appoint Appropriate Arbitral Tribunal, Even If Party Forfeits Its Right Under Arbitration Clause: Bombay High Court

Live Law  

The Bombay High Court has ruled that even if a party’s right to appoint its nominee in the Arbitral Tribunal as per the arbitration clause, is forfeited because it failed to exercise its right within the statutory period after receiving the notice invoking arbitration, it would not render the Court powerless to appoint an appropriate Arbitral Tribunal, after considering the …

Arbitral Tribunal Cannot Recall The Order Terminating The Arbitral Proceedings: Delhi High Court
2 years, 5 months ago

Arbitral Tribunal Cannot Recall The Order Terminating The Arbitral Proceedings: Delhi High Court

Live Law  

The High Court of Delhi has held that once the arbitral tribunal terminates the arbitration proceedings on account of claimant withdrawing its claims, it cannot recall the order of termination order. The Court further held that after the termination of arbitral proceedings, the tribunal would be coram non judice and any order passed by it would be without any jurisdiction. …

Order Passed By High Court, Recording Consent Of Parties To Appoint A Specified Arbitrator, Is Not An Order 'Appointing An Arbitrator': Patna High Court
2 years, 6 months ago

Order Passed By High Court, Recording Consent Of Parties To Appoint A Specified Arbitrator, Is Not An Order 'Appointing An Arbitrator': Patna High Court

Live Law  

The Patna High Court has ruled that the order passed by the High Court in a writ petition, recording the consent of the parties to appoint a specified Arbitrator while referring them to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, cannot be said to be an order appointing an Arbitrator. Subsequently, the petitioner filed a petition …

Calcutta High Court Reiterates Principles Governing HC's Jurisdiction To Review Own Judgment Passed In Writ Plea
2 years, 7 months ago

Calcutta High Court Reiterates Principles Governing HC's Jurisdiction To Review Own Judgment Passed In Writ Plea

Live Law  

The Calcutta High Court recently reiterated the principles governing HC's power/jurisdiction to review its own judgment passed in a writ plea. The Court also stressed that the Court has very limited scope to review its own rulings.The bench of Justice Shekhar B. Saraf essentially reiterated the principles of review as observed in the case of The State of West Bengal …

Constitution Of Arbitral Tribunal Does Not Restrict Application For Interim Relief If "Entertained" By The Court : Karnataka High Court Reiterates The Law
2 years, 7 months ago

Constitution Of Arbitral Tribunal Does Not Restrict Application For Interim Relief If "Entertained" By The Court : Karnataka High Court Reiterates The Law

Live Law  

The Karnataka High Court has ruled that the restriction contained under Section 9 of the Arbitration and Conciliation Act, 1996 would not apply once an application under Section 9 for interim measures has been "entertained" by the Court before the appointment of the arbitrator. The High Court observed that the application filed under Section 9 of the A&C Act was …

Court Can't Decide Disputed Questions Of Facts U/S 11(6) Arbitration Act, Question Of Arbitrability Can Be Examined By Arbitral Tribunal: Gujarat HC
2 years, 9 months ago

Court Can't Decide Disputed Questions Of Facts U/S 11(6) Arbitration Act, Question Of Arbitrability Can Be Examined By Arbitral Tribunal: Gujarat HC

Live Law  

High Court cannot decide disputed questions of facts in a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of arbitrator, the Gujarat High Court has held.The Bench comprising Chief Justice Aravind Kumar observed, "All these issues including arbitrability can be examined by the Arbitral Tribunal itself. High Court cannot decide disputed questions of …

Arbitrator Terminating The Arbitral Proceedings Under Section 25(A) Of The A&C Act, Challenge Maintainable Under Article 227 Of The Constitution Of India: Delhi High Court
2 years, 10 months ago

Arbitrator Terminating The Arbitral Proceedings Under Section 25(A) Of The A&C Act, Challenge Maintainable Under Article 227 Of The Constitution Of India: Delhi High Court

Live Law  

The Delhi High Court has ruled that since no alternate remedy is available to the claimant to challenge the order of the arbitrator terminating the arbitral proceedings under Section 25 of the Arbitration and Conciliation Act, 1996, hence, a petition under Article 227 of the Constitution of India against the said order of the arbitrator is ex facie maintainable. The …

Court Does Not Have Adjudicatory Powers Under Section 27 Of The A&C Act: Bombay High Court
2 years, 11 months ago

Court Does Not Have Adjudicatory Powers Under Section 27 Of The A&C Act: Bombay High Court

Live Law  

The Bombay High Court has ruled that the Court does not have the jurisdiction under Section 27 of the Arbitration and Conciliation Act, 1996 to consider the legality of the reasons set out by the arbitral tribunal in its order permitting the examination of a witness. Kulkarni ruled that once the arbitral tribunal had formed a prima facie opinion that …

Judicial Review Of Arbitration: How Far Can The Constitutional Courts Go?
3 years ago

Judicial Review Of Arbitration: How Far Can The Constitutional Courts Go?

Live Law  

The hydra headed Amazon—Future—Reliance dispute also throws up important questions concerning the role of judicial review in arbitration. So, a provision like Section 5 of the Arbitration and Conciliation Act, 1996 that restricts intervention of any judicial authority except as provided under the A&C Act does affect the High Court's jurisdiction to intervene. In Deep Industries Limited v. ONGC Limited …

Delhi High Court Affirms No Embargo To Appointment Of An Arbitrator In Multiple Cases Under A&C Act
3 years, 1 month ago

Delhi High Court Affirms No Embargo To Appointment Of An Arbitrator In Multiple Cases Under A&C Act

Live Law  

In another recent judgment of the Delhi High Court in a petition under Section 11 of the Arbitration and Conciliation Act, 1996 challenging the appointment of an Arbitrator, the High Court affirmed the settled law that there is no bar in appointment of an Arbitrator in multiple cases, if so warranted. On the challenge to the appointment of its nominee …

Writ Jurisdiction Cannot Be Invoked To Challenge Appointment Of Arbitrator: Kerala High Court
3 years, 2 months ago

Writ Jurisdiction Cannot Be Invoked To Challenge Appointment Of Arbitrator: Kerala High Court

Live Law  

The Kerala High Court recently held that writ jurisdiction cannot be invoked to challenge the appointment of an arbitrator since such grievances could be redressed as per the provisions of the Arbitration and Conciliation Act, 1996.Ruling that there should not be any judicial interference in the course of the arbitral proceedings for redressal of such grievances, Justice P.B. The Kerala …

Tribunal Decisions Can Be Scrutinized Only By A Jurisdictional High Court : Supreme Court
3 years, 2 months ago

Tribunal Decisions Can Be Scrutinized Only By A Jurisdictional High Court : Supreme Court

Live Law  

The Supreme Court has held that any decision of a tribunal can only be scrutinized by a High Court which has territorial jurisdiction over the tribunal in question. Ravikumar was considering an appeal filed by the Union Government challenging a Calcutta High Court decision which had set aside an order passed by the Principal Bench of Central Administrative Tribunal located …

Bar U/s 9(3) Arbitration Act Not Applicable If Application Was Taken Up By Court Before Constitution Of Arbitration Tribunal: Supreme Court
3 years, 6 months ago

Bar U/s 9(3) Arbitration Act Not Applicable If Application Was Taken Up By Court Before Constitution Of Arbitration Tribunal: Supreme Court

Live Law  

The Supreme Court observed that the bar under Section 9 of the Arbitration and Conciliation Act operates only when the application under Section 9 had not been entertained till the constitution of the Arbitral Tribunal. "Once an Arbitral Tribunal is constituted the Court cannot take up an application under Section 9 for consideration, unless the remedy under Section 17 is. …

Arbitration- Tribunals Should Decide Objections On Its Jurisdiction As Preliminary Issue; High Courts Have Limited Power To Interfere In Proceedings :Delhi HC
3 years, 11 months ago

Arbitration- Tribunals Should Decide Objections On Its Jurisdiction As Preliminary Issue; High Courts Have Limited Power To Interfere In Proceedings :Delhi HC

Live Law  

The Delhi High Court recently made significant observations with regard to the power of an Arbitral Tribunal to rule on its own jurisdiction and the manner of deciding the same. A Single Bench of Justice Prathiba M. Singh also addressed the issue of jurisdiction of High Courts over arbitral tribunals and the scope of such interference. In her order, Justice …

Arbitration Court Reckoner : August 2020
4 years, 6 months ago

Arbitration Court Reckoner : August 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 August 2020 under the Arbitration & Conciliation Act, 1996. Test of Emergent Necessity for grant of relief under S. 9 In Avantha Holdings Ltd. v Vistra ITC India Ltd. High Court of Delhi held that the …

Any Order Of Arbitral Tribunal In Course Of Arbitration Cannot Be Challenged By Way Of Writ Petition : Gujarat HC [Read Judgment]
4 years, 10 months ago

Any Order Of Arbitral Tribunal In Course Of Arbitration Cannot Be Challenged By Way Of Writ Petition : Gujarat HC [Read Judgment]

Live Law  

The Gujarat High Court in a judgment delivered last week again considered whether any order passed during pendency of arbitration proceedings under the Act­ of 1996 can be challenged by certiorari under Articles 226 and 227 of the Constitution of India or not. "Considering the policy, objects and the provisions of the Arbitration Act of 1996, an order passed during …

Arbitral Tribunal Can Make Representation To HC For Contempt If Parties Violate Its Orders: SC [Read Judgment]
7 years, 8 months ago

Arbitral Tribunal Can Make Representation To HC For Contempt If Parties Violate Its Orders: SC [Read Judgment]

Live Law  

The Supreme Court, in Alka Chandewar vs Shamshul Ishrar Khan, has held that an arbitral tribunal is empowered to make representation to the court for contempt if the orders, including the interim orders passed by the arbitrator, are violated by the parties before it.The appeal was against a Bombay High Court judgment which had held that such a representation by …

Empowered Arbitral Tribunals - Better Times For Arbitration
7 years, 11 months ago

Empowered Arbitral Tribunals - Better Times For Arbitration

Live Law  

In any dispute, securing an interim relief at the outset of such dispute is one of the most crucial aspects to enable a party to finally enjoy the fruits under the Award/Decree after adjudication of such dispute. Recognising these characteristics, the Arbitration and Conciliation Act, 2015 has introduced several changes in the Act.One of the most important changes is the …

Empowered Arbitral Tribunals - Better Times For Arbitration
7 years, 11 months ago

Empowered Arbitral Tribunals - Better Times For Arbitration

Live Law  

In any dispute, securing an interim relief at the outset of such dispute is one of the most crucial aspects to enable a party to finally enjoy the fruits under the Award/Decree after adjudication of such dispute. Recognising these characteristics, the Arbitration and Conciliation Act, 2015 has introduced several changes in the Act.One of the most important changes is the …

Courts shall minimize interference with arbitration process: Delhi HC (DB) [Read Order]
8 years, 7 months ago

Courts shall minimize interference with arbitration process: Delhi HC (DB) [Read Order]

Live Law  

Courts need to remind themselves that the trend is to minimize interference with arbitration process as that is the forum of choice, the Bench said.A Division Bench of the Delhi High Court in MCDONALD’S INDIA PRIVATE LIMITED VS. VIKRAM BAKSHI has observed that, Courts must be extremely circumspect and, indeed, reluctant to thwart arbitration proceedings and the power to injunct. …

Arbitral Tribunals cannot by itself enforce its orders: Kerala HC [Read Judgment]
8 years, 11 months ago

Arbitral Tribunals cannot by itself enforce its orders: Kerala HC [Read Judgment]

Live Law  

The DGP shall issue a Circular to all the subordinates instructing not to provide assistance to enforce the order passed by the Arbitral Tribunal without the direction of the civil court, directed the Court.Kerala High Court has declared that an Arbitral Tribunal cannot pass an order to enforce its order by directing the Advocate Commissioner/Receiver to repossess the vehicle from …

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