Arbitration Weekly Round-Up: [13th January-19th January 2025]
2 months, 1 week ago

Arbitration Weekly Round-Up: [13th January-19th January 2025]

Live Law  

High Courts Calcutta High Court Case Title: Smt. The court also noted that clause 3 of the contract allowed the forfeiture of security deposit only when the contract was rescinded but in the present case there was no material on record indicating that the contract was rescinded Delhi High Court Case Title: Center For Research Planning And Action v. National Medicinal Plants Board Ministry Of Ayush Government Of India Citation: 2025 LiveLaw 42 The Delhi High Court bench of Justice Yashwant Varma and Justice Dharmesh Sharma has held that the scope of interference by the Court with the arbitral award under Section 34 is very limited, and the Court is not supposed to travel beyond the aforesaid scope to determine whether the award is good or bad. Case Title: MAHANAGAR TELEPHONE NIGAM LTD v. MICRO AND SMALL ENTERPRISE FACILITATION COUNCIL AND OTHERS Citation: 2025 LiveLaw 44 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. Case Title: Aptec Advanced Protective Technologies AG vs. Union of India Citation: 2025 LiveLaw 48 The Delhi High Court division bench of Justice Navin Chawla and Justice Shalinder Kaur has held that orders passed by the Arbitrator during the pendency of Arbitral proceedings, which finally determines any substantive rights of the parties, constitutes an interim Arbitral Award, and can be challenged under Section 34 of the Arbitration and Conciliation Act, 1996. Jammu and Kahsmir and Ladakh High Court Case Title: Union of India v. M/s Des Raj Nagpal Engineers & Contractors Case Number: Arb App No.1/2022 The Jammu & Kashmir and Ladakh High Court bench of Justice Sanjeev Kumar and Justice Puneet Gupta has held that the failure of the Chief Engineer to sign the pleadings, which were signed by the Garrison Engineer would only be an irregularity and a curable defect and would not entail dismissal of the application filed under Section 34 of the Arbitration Act without providing opportunity to the appellants to correct the irregularity.

Justice High Court Arbitration Title Held High 2025 Act Award Section 8 Livelaw Arbitral Case Title Calcutta High Court Section 34 Of No Application Court Bench  2025  award  13th  arbitral  roundup  high  act  weekly  title  court  bench  justice  held  january19th  arbitration

History of this topic

Arbitration Weekly Round-Up [10th February-16th February]
1 month, 1 week ago

Arbitration Weekly Round-Up [10th February-16th February]

Live Law  

Supreme Court Case Title: AC CHOKSHI SHARE BROKER PRIVATE LIMITED VERSUS JATIN PRATAP DESAI & ANR. Jal Nigam And Another vs. Spml Infra Ltd. : 2025:AHC:20224 The Allahabad High Court bench of Justice Piyush Agrawal, placing reliance upon the judgment of the Supreme Court in Board of Control for Cricket in India vs. Kochi Cricket Private Limited & Others, held …

Power To Correct Computation Error U/S 33 Of Arbitration Act Can Be Exercised Suo Moto If No Application Is Filed Within 30 Days: Calcutta HC
2 months, 1 week ago

Power To Correct Computation Error U/S 33 Of Arbitration Act Can Be Exercised Suo Moto If No Application Is Filed Within 30 Days: Calcutta HC

Live Law  

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that power to correct computation error in the award under section 33 of the Arbitration Act can be exercised suo moto by the Arbitral Tribunal when no application is filed to this effect within 30 days. Based on the above, the court concluded that “Accordingly, this Court comes to …

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

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

Live Law  

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

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

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

Live Law  

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

Delhi HC Upholds Limited Judicial Interference In Arbitral Awards, Dismisses S.34 Plea Challenging Award Of ₹77.96 Crore In Telecom Dispute
2 months, 4 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 …

Findings Of Arbitrator U/S 34 Of Arbitration Act Cannot Be Scrutinised As If Court Is Sitting In Appeal: Chhattisgarh High Court
3 months, 1 week ago

Findings Of Arbitrator U/S 34 Of Arbitration Act Cannot Be Scrutinised As If Court Is Sitting In Appeal: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court bench of Justices Smt. Rajani Dubey and Shri Bibhu Datta Guru has held that findings of the Arbitrator cannot be scrutinised under section 34 of the Arbitration Act as if the court is sitting in appeal. The appellant submitted that the Commercial Court ought not to have interfered with the findings of the fact with respect …

Arbitration Weekly Round-Up [ 2nd December To 8th December, 2024]
3 months, 2 weeks ago

Arbitration Weekly Round-Up [ 2nd December To 8th December, 2024]

Live Law  

High Courts Allahabad High Court Case Title: Anoop Maheshwari v. Thomas T. Kurian While entertaining a revision petition related to a tenancy agreement, the Allahabad High Court has held that a clause for arbitration cannot be invoked for any disputes that arise after the contract has come to an end. Bombay High Court Case Title: Bks Galaxy Realtors LLP v. …

Order Passed U/S 11 Cannot Be Recalled If Valid Arbitration Agreement Exists To Justify Reference Of Parties To Arbitration: Calcutta HC
3 months, 2 weeks ago

Order Passed U/S 11 Cannot Be Recalled If Valid Arbitration Agreement Exists To Justify Reference Of Parties To Arbitration: Calcutta HC

Live Law  

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that an order passed under section 11 of the Arbitration Act on the basis of an arbitration clause cannot be recalled merely on the ground that reply given to a notice under section 21 was suppressed. Brief Facts The present application has been filed seeking recall of an order …

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, 3 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 …

Arbitration Weekly Round-Up [25th November To 1st December, 2024]
3 months, 3 weeks ago

Arbitration Weekly Round-Up [25th November To 1st December, 2024]

Live Law  

Supreme Court S.29A Arbitration | 'Sufficient Cause' To Extend Time For Award Should Be Interpreted To Facilitate Effective Dispute Resolution : Supreme Court Case Title: M/S AJAY PROTECH PVT. 34078 of 2023 The Bombay High Court bench of Justice Arif S. Doctor has held that Section 9 of the A&C Act is not the correct mechanism to obtain relief against …

Limited Scope Of Examination U/S 34 Of Arbitration Act, Award Vitiated By Patent Illegality: Delhi High Court
3 months, 4 weeks ago

Limited Scope Of Examination U/S 34 Of Arbitration Act, Award Vitiated By Patent Illegality: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Vibhu Bakhru and Justice Sachin Datta held that the Arbitral Tribunal has awarded the claim for loss of profit for the period the Contract was prolonged without any evidence or material to support the claim. Aggrieved by this, the Contractor filed an application under Section 34 of the Act before the Commercial Court …

Himachal Pradesh High Court Reiterates Limited Scope Of Court Intervention U/S 34 & 37 Of Arbitration & Conciliation Act
4 months ago

Himachal Pradesh High Court Reiterates Limited Scope Of Court Intervention U/S 34 & 37 Of Arbitration & Conciliation Act

Live Law  

The Himachal Pradesh High Court bench of Justice Virender Singh has reiterated that the scope of interference with arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, is narrow and not akin to appellate jurisdiction. Brief Facts: The Government of India, by a notification under Section 3 of the National Highways Act, 1956, acquired land …

Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court
4 months, 2 weeks ago

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

Live Law  

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

Arbitration Weekly Round-Up: 4th November To 10th November 2024
4 months, 2 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
4 months, 2 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 …

Arbitration Cases Monthly Digest: September 2024
5 months, 3 weeks ago

Arbitration Cases Monthly Digest: September 2024

Live Law  

Supreme Court Case Title: COX & KINGS LTD. Delhi High Court Case Title: Apex Buildsys Ltd. Vs Vadera Interiors And Exteriors and connected matter Citation: 2024 LiveLaw 956 The Delhi High Court bench of Justice C. Hari Shankar has held that objections related to the legality of an arbitrator's appointment cannot be raised in a petition seeking an extension of …

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

Arbitration Weekly Round Up: 22nd April to 28th April 2024
10 months, 3 weeks ago

Arbitration Weekly Round Up: 22nd April to 28th April 2024

Live Law  

Allahabad High Court Court Under Section 19 Of MSMED Act, 2006 Empowered To Allow Predeposit In Installments: Allahabad High Court Case Title: M/S Docket Care Systems vs M/S Hariwill Electronics India Pvt. Delhi High Court Debt Acknowledged In Letters, Delhi High Court Grants Benefit Of Section 18 To Hold Invocation Of Arbitration Within Limitation Case Title: Paisalo Digital Limited v. …

Arbitration Weekly Round-Up: 15th April to 21st April 2024
11 months 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 Weekly Round-Up: 25th March to 31st March 2024
11 months, 4 weeks ago

Arbitration Weekly Round-Up: 25th March to 31st March 2024

Live Law  

Supreme Court Enforcement Of Foreign Award Must Be Refused Only Rarely, International Standards To Be Applied To Determine Bias : Supreme Court Case Title: AVITEL POST STUDIOZ LIMITED & ORS. Condonation Of Delay Re- Filing S. 34, A&C Act Application Must Be Allowed If Delay Is Procedural And Curable: Delhi High Court Case Title: Department Of Transport Govt Of Nct …

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, 4 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 …

Arbitration Weekly Round Up: 26th February to 3rd March 2024
1 year ago

Arbitration Weekly Round Up: 26th February to 3rd 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. The Delhi High Court single bench of Justice Sachin Datta held that the court under Section 27 of the Arbitration and Conciliation Act, 1996 cannot determine the admissibility, …

Arbitration Weekly Round Up: 3nd February to 11th February 2024
1 year, 1 month ago

Arbitration Weekly Round Up: 3nd February to 11th February 2024

Live Law  

Delhi High Court Delhi High Court Dismisses Writ Petition, Permits Petitioner To Avail Remedy Under S. 37 Of Arbitration Act Case Title: Shri Balaji Enterprises & Ors vs Reserve Bank Of India & Anr. 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 …

Calcutta High Court Annual Arbitration Law Digest 2023
1 year, 2 months 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: November 2023
1 year, 3 months ago

Arbitration Monthly Round-Up: November 2023

Live Law  

International Judgments Hong Kong Court Refuses To Enforce A Mainland Arbitration Award For Failure Of Arbitrator To Meaningfully Engage With Arbitral Proceedings Case Title: SONG LIHUA v. LEE CHEE HON, CONSTRUCTION AND ARBITRATION PROCEEDINGS NO. Section 29A Permits The Court To Extend The Mandate Of The Arbitral Tribunal Even When The Application Is Made After The Expiry Of Time Limit …

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: …

Continuing To Contest The Suit Does Not Waive The Right To Arbitration When A Section 8 Objection Was Raised In Written Submissions And Arguments: Delhi High Court.
1 year, 4 months ago

Continuing To Contest The Suit Does Not Waive The Right To Arbitration When A Section 8 Objection Was Raised In Written Submissions And Arguments: Delhi High Court.

Live Law  

The High Court of Delhi has held that a party cannot be deemed to have waived off its right to arbitration merely because it continued to contest the suit when it had specifically raised objection to the maintainability of the suit due to the presence of the arbitration agreement. The bench of Justice C. Hari Shankar held that when a …

Top 10 Arbitration Judgments [January To September 2023]
1 year, 5 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, 7 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 …

Application For Removal Of Arbitrator Must Be Made Before Same ‘Court’ As Envisaged In s.2 (i) (e) & s.42 Of Arbitration Act: Calcutta High Court
1 year, 7 months ago

Application For Removal Of Arbitrator Must Be Made Before Same ‘Court’ As Envisaged In s.2 (i) (e) & s.42 Of Arbitration Act: Calcutta High Court

Live Law  

The Calcutta High Court recently dismissed an application filed by M/S Gammon Engineers and Contractors Private Limited u/s 11, 14 and 15 of the Arbitration and Conciliation Act, 1996, for removal of arbitrator while challenging their unilateral appointment. Therefore, the bar under Section 42 would lie and all applications to be made to a ‘court’ must be made to the …

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 …

Arbitration Cases Weekly Round- Up: 19 June To 25 June 2023
1 year, 9 months ago

Arbitration Cases Weekly Round- Up: 19 June To 25 June 2023

Live Law  

High Courts: Calcutta High Court: S. 8 Application Filed Along With The Written Statement In Suit; Can’t Be Presumed That Party Waived Its Right To Refer Dispute For Arbitration: Calcutta High Court Reiterates Case Title: Nemai Chandra Roy Karmakar alias Nemai Roy vs Sarada Construction The Calcutta High Court has ruled that it is the duty of the defendant to …

Arbitration Cases Weekly Round- Up: 11 June To 17 June 2023
1 year, 9 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 Weekly Round-Up: 14 To 20 May, 2023
1 year, 10 months ago

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

Live Law  

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

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 9 To April 15, 2023
1 year, 11 months ago

Arbitration Cases Weekly Round-Up: April 9 To April 15, 2023

Live Law  

Supreme Court: Limited Scrutiny of Court Under Section 11 Of Arbitration Act Through The “Eye Of The Needle”, Is Necessary And Compelling: Supreme Court Case Title: NTPC Ltd vs M/s SPML Infra Ltd The Supreme Court has ruled that the court while exercising jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 is not expected to act mechanically, …

Arbitration- Limitation Starts From Failure Of Settlement Talks: Calcutta High Court
1 year, 11 months ago

Arbitration- Limitation Starts From Failure Of Settlement Talks: Calcutta High Court

Live Law  

The High Court of Calcutta has held that the period of limitation will only begin to run when the talks of amicable settlement between the parties fail. The bench of Justice Shekhar B. Saraf held that the period of limitation for referring a dispute to arbitration would be calculated from the date of the breaking point i.e., the date of …

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 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. …

Starting Point Of Limitation U/Section 34(3) Arbitration Act In Cases Of Suo Motu Correction Of Award : Supreme Court Explains
2 years, 2 months ago

Starting Point Of Limitation U/Section 34(3) Arbitration Act In Cases Of Suo Motu Correction Of Award : Supreme Court Explains

Live Law  

The Supreme Court observed that the starting point for the limitation under Section 34 Arbitration and Concliation Act, in case of suo moto correction of the award, would be the date on which the correction was made and the corrected award is received by the party.Once the arbitral award has been amended or corrected, it is the corrected award which …

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 …

Criminal Proceedings Cannot Be Initiated For Recovery Of Amount Due Under The Arbitration Award: Calcutta High Court
2 years, 3 months ago

Criminal Proceedings Cannot Be Initiated For Recovery Of Amount Due Under The Arbitration Award: Calcutta High Court

Live Law  

The Calcutta High Court has held that criminal proceedings cannot be initiated for recovery of amount due under an arbitration award. The bench of Justice Tirthankar Ghosh held that a party aggrieved by non-payment of amount due under a post award settlement agreement should not resort to filing a criminal case by giving a civil dispute criminal colour as the …

Application Before Commercial Division Cannot Be Rejected Merely For Mentioning Wrong Provision Under Which It Has Been Preferred: Calcutta HC
2 years, 3 months ago

Application Before Commercial Division Cannot Be Rejected Merely For Mentioning Wrong Provision Under Which It Has Been Preferred: Calcutta HC

Live Law  

The Commercial Division of the Calcutta High Court on Thursday reiterated that an interlocutory application cannot be rejected merely on the ground that it mentions a wrong provision of law under which it has been preferred. The Court was hearing an application for final judgment and decree filed under the provisions of Chapter XIIIA of the Calcutta High Court Original …

Arbitration Cases Weekly Round-Up: 27 November To 3 December, 2022
2 years, 3 months ago

Arbitration Cases Weekly Round-Up: 27 November To 3 December, 2022

Live Law  

Bombay High Court: Participation In Arbitral Proceedings, Does Not Disentitle Party To Challenge Award On Ground Of Unilateral Appointment Of Arbitrator: Bombay High Court Case Title: Naresh Kanayalal Rajwani & Ors. The Bombay High Court has ruled that merely because a party participated in the arbitration proceedings, it is not disentitled from challenging the arbitral award on the ground that …

Arbitration Cases Weekly Round-Up: 20 November To 26 November, 2022
2 years, 4 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: 13 November To 19 November, 2022
2 years, 4 months ago

Arbitration Cases Weekly Round-Up: 13 November To 19 November, 2022

Live Law  

Delhi High Court: Invalidity Of The Appointment Procedure Would Not Render The Entire Arbitration Clause Invalid: Delhi High Court Case Title: Ram Kripal Singh Construction Pvt. Section 12 Of A&C Act Applies To Proceedings Commenced Before Or After The 2015 Amendment: Delhi High Court Case Title: Ram Kripal Singh Construction Pvt. Gujarat High Court: Section 19 Of MSMED Act Applies …

Arbitration Cases Weekly Round-Up: 30 October To 5 November, 2022
2 years, 4 months ago

Arbitration Cases Weekly Round-Up: 30 October To 5 November, 2022

Live Law  

Supreme Court: Issue Of Arbitrability Should Be Left To Arbitrator Unless On The Face It Is Found That Dispute Is Non- Arbitrable: Supreme Court Case Title: VGP Marine Kingdom Pvt Ltd versus Kay Ellen Arnold The Supreme Court reiterated that while considering application under Section 11 of the Arbitration and Conciliation Act, the dispute with respect to the arbitrability should …

Arbitration Cases Weekly Round-Up: 2 October To 8 October, 2022
2 years, 5 months ago

Arbitration Cases Weekly Round-Up: 2 October To 8 October, 2022

Live Law  

Supreme Court: Arbitral Tribunal Must Give Reasons For Fixing Interest Rate; Award Holder Not Entitled To Interest For Delay Caused By It : Supreme Court Case Title: Executive Engineer versus Gokul Chandra Kanungo The Supreme Court recently held that a case where the award holder was responsible for delaying the proceedings which led to a huge lapse of time would …

Presence Of An Arbitration Clause Does Not Always Oust Court's Jurisdiction Under Article 226: J&K&L High Court
2 years, 6 months ago

Presence Of An Arbitration Clause Does Not Always Oust Court's Jurisdiction Under Article 226: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that writs under Article 226 are maintainable for asserting contractual rights against the State or its instrumentalities and the presence of Arbitration clause does not oust the jurisdiction under Article 226 in all cases though it still needs to be decided from case to case as to whether recourse to …

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