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Articles for Arbitrators

Law ministry to discuss SC rulings for Arbitration Act amendment as costs issue persists
4 weeks, 2 days ago

Law ministry to discuss SC rulings for Arbitration Act amendment as costs issue persists

Live Mint  

New Delhi: The Union law and justice ministry will discuss judgements by the Supreme Court to amend the Arbitration and Conciliation Act, two people aware of the matter said. For perspective, in arbitration cases of government vs private parties, the government chooses one arbitrator from a panel it creates and asks the private party to choose another arbitrator from the …

Law India Dispute Court Dispute Resolution Resolution Parties
Private Contracts Between Parties For Appointment Of Arbitrator Different From Statutory Appointment Of Arbitrators: Allahabad High Court
1 month, 2 weeks ago

Private Contracts Between Parties For Appointment Of Arbitrator Different From Statutory Appointment Of Arbitrators: Allahabad High Court

Live Law  

Recently, the Allahabad High Court has held that cases where appointment of arbitrators is through contracts which contemplate such appointment and statutory appointment of arbitrators are two separate classes to cases and the same are distinguishable on facts. National Highways Authority of India approached the High Court against order of the Additional District Judge, POCSO Act, Bijnor under Section 34 …

Court High Contra Arbitrator National Highways Authority Of India Statutory Appointment
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

Live Law  

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 …

Policy Arbitration Court Agreement Set Award Passed
Party Can Waive Arbitrator's Ineligibility U/S 12(5) Of Arbitration Act By Express Agreement In Writing: Bombay High Court
1 month, 4 weeks ago

Party Can Waive Arbitrator's Ineligibility U/S 12(5) Of Arbitration Act By Express Agreement In Writing: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Rajesh S. Patil affirmed that once an ineligibility to act as Arbitrator is waived by an express agreement in writing under proviso to section 12 of the Arbitration Act, waiving party is prohibited from claiming ineligibility of the Arbitrator for the first time under section 34 of the Arbitration Act. Brief Facts The …

Arbitration Railways Court Party Waiver Act Letter
Bombay High Court backs railway in wage dispute, affirms arbitrator’s decision
1 month, 4 weeks ago

Bombay High Court backs railway in wage dispute, affirms arbitrator’s decision

Hindustan Times  

MUMBAI: The Bombay High Court on Tuesday upheld an arbitration ruling in favour of the Central Railway, dismissing a claim by a contractor seeking compensation for increasing wages after a government-mandated minimum wage hike. Bombay High Court backs railway in wage dispute, affirms arbitrator’s decision The contractor had argued that the arbitration ruling was invalid as the arbitrator, as a …

Contract Arbitration Court Bombay High Court Wage Contractor Backs Railway
State-run firms in a bind as apex court clips powers to appoint arbitrators
2 months ago

State-run firms in a bind as apex court clips powers to appoint arbitrators

Live Mint  

New Delhi: The Supreme Court's move to slash the powers of state-run companies to unilaterally appoint arbitrators on Chief Justice D. Y. Chandrachud's last day in office leaves the country's public sector units in a cloud of uncertainty. Following this amendment, parties began filing applications under Section 11 of the Arbitration and Conciliation Act, seeking to invalidate arbitration clauses where …

Finance India Arbitration Dispute Railways Court Private
Analysing Jurisprudence On Extension Of Arbitrator's Mandate After Expiry Of Period U/S 29A Of A&C Act Before & After SC's Decision In Rohan Builders
2 months ago

Analysing Jurisprudence On Extension Of Arbitrator's Mandate After Expiry Of Period U/S 29A Of A&C Act Before & After SC's Decision In Rohan Builders

Live Law  

Introduction Section 29A was introduced into the Arbitration Act in 2015 to provide a clear-cut timeline within which an arbitral tribunal has to render an award. In the case of South Bihar Power Distribution Company Limited v. Bhagalpur Electricity Distribution Company Private Limited a Private Limited Company registered under the Companies Act, 1956, the Division Bench of the Patna High …

India Court Tribunal Period Mandate Act Filed
Govt cannot unilaterally appoint arbitrators: SC judgment
2 months ago

Govt cannot unilaterally appoint arbitrators: SC judgment

Hindustan Times  

The Supreme Court on Friday ruled that government entities and public sector units cannot unilaterally appoint arbitrators in public-private arbitration agreements because such clauses violate the principle of equality under Article 14 of the Constitution. The bench, led by Chief Justice of India DY Chandrachud and including justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal and Manoj Misra, grappled with pressing …

Justice Arbitration Appointments Party Process Roy Act
Unilateral Arbitrator Appointment Clauses In Public-Private Contracts Invalid; Can't Compel Selection Of Arbitrators From PSU's Panels : Supreme Court
2 months ago

Unilateral Arbitrator Appointment Clauses In Public-Private Contracts Invalid; Can't Compel Selection Of Arbitrators From PSU's Panels : Supreme Court

Live Law  

The Supreme Court on Friday ruled against clauses allowing Public Sector Undertakings to unilaterally appoint arbitrators to decide disputes with private contractors. The Constitution Bench held that while PSUs can maintain a panel of potential arbitrators, they cannot compel the other party to select its arbitrator from the panel.The Constitution Bench comprising Chief Justice. The Constitution Bench comprising Chief Justice …

Supreme Court Arbitration Parties Party Bench Panel Psus
Constitution bench reserves judgment in arbitration case
4 months, 1 week ago

Constitution bench reserves judgment in arbitration case

Hindustan Times  

New Delhi A Constitution bench of the Supreme Court on Friday reserved its judgment on the complex legal question of whether one party in an arbitration can unilaterally appoint a panel of arbitrators and require the other party to select arbitrators from that panel. During the proceedings, the bench highlighted the critical importance of maintaining integrity in arbitration, particularly in …

India Arbitration Constitution Railways Court Constitution Bench Case
Constitution bench says fairness key in arbitration
4 months, 1 week ago

Constitution bench says fairness key in arbitration

Hindustan Times  

A Supreme Court constitution bench on Thursday underscored the importance of fairness in arbitration, particularly in cases involving the government and public sector undertakings, stating that the government’s interest should extend beyond securing favorable outcomes, focussing instead on preserving the integrity of the arbitration process as a whole. The five-judge bench, led by Chief Justice of India Dhananjaya Y Chandrachud, …

Law India Arbitration Constitution Railways Court Private Law
Arbitrators Must Separately Calculate Fees For Claims And Counterclaims In Ad Hoc Arbitration: Delhi High Court
5 months, 1 week ago

Arbitrators Must Separately Calculate Fees For Claims And Counterclaims In Ad Hoc Arbitration: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Jasmeet Singh has set aside computration of fee by an arbitration on the basis decision in Rail Vikas Nigam Ltd. vs. Simplex Infrastructures Ltd which was later set aside in ONGC Ltd. v. Afcons Gunanusa JV, 2022 LiveLaw 723. The final computation of the fee by the Arbitrator was based on the judgment …

High Court Judgment Court Fees Claims Schedule High
No Reappreciation Of Evidence Permitted Under Section 34 Of Arbitration Act, Arbitrator's Views Must Be Respected: Orissa High Court
6 months, 2 weeks ago

No Reappreciation Of Evidence Permitted Under Section 34 Of Arbitration Act, Arbitrator's Views Must Be Respected: Orissa High Court

Live Law  

The Orrisa High Court bench of Justice D. Dash held that in a petition under Section 34 of the Arbitration and Conciliation Act, 1996, reappreciating evidence is not allowed in order to replace the arbitrator's view with another. Observations by the High Court: The High Court referred to Section 37 of the Arbitration Act which states that an appeal can …

Odisha High Court Arbitration Evidence Court Work Patent Illegality
Arbitration Clause Valid Despite Even Number Of Arbitrators: Delhi High Court Allows Section 11(6) Petition
6 months, 4 weeks ago

Arbitration Clause Valid Despite Even Number Of Arbitrators: Delhi High Court Allows Section 11(6) Petition

Live Law  

The Delhi High Court bench of Justice Jasmeet Singh has held that the arbitration clause is not invalidated merely on the ground that the number of arbitrators, as per the arbitration clause, was an even number and therefore, was in contravention of Section 10 of the Arbitration and Conciliation Act, 1996. All disputes shall be subjected to Delhi Jurisdiction only.” …

Delhi High Court Arbitration Court Delhi High Court Disputes High
Specialised Arbitration And The Transformation Of Indian Dispute Resolution
7 months, 2 weeks ago

Specialised Arbitration And The Transformation Of Indian Dispute Resolution

Live Law  

Arbitration in the recent times has emerged as a promising solution for litigants struggling to get prompt assistance from the overwhelmed Indian Courts. An alternative perspective can be that as long as the Arbitrators possess the requisite expertise, the choice between a Specialised Arbitration Centre, a Generalist Arbitration Centre or an Ad Hoc arrangement will not significantly impact the outcome …

Dispute Dispute Resolution Maritime Disputes Rules International Arbitration Practice
HC Upholds Arbitrator’s Order To Raze Building
9 months ago

HC Upholds Arbitrator’s Order To Raze Building

Deccan Chronicle  

HYderabad: A two-judge panel of the Telangana High Court set aside an order of the commercial court, observing that the trial court judge without going into all aspects of an agreement considered by the arbitrator and without considering the detailed reasons given, had held that the arbitrator had travelled beyond the scope of arbitral proceedings and passed an award to …

Justice Construction Court Building Agreement Certificate Respondents
Technical Difficulties Shouldn't Thwart Objectives Of Arbitral Proceeding: Bombay High Court Allows Petition For Replacement Of Arbitrator
9 months, 2 weeks ago

Technical Difficulties Shouldn't Thwart Objectives Of Arbitral Proceeding: Bombay High Court Allows Petition For Replacement Of Arbitrator

Live Law  

The Bombay High Court single bench of Justice Bharti Dangre held although there might be an impression that with the legal termination of the arbitral tribunal's mandate upon the expiration of one year from the reference entry, as per Section 29A of the Arbitration and Conciliation Act 1996 there might be a technical difficulty. Brief Facts: The Petitioner approached the …

Arbitration Court Bombay High Court High Proceedings One Year Petition
Appointment Of Arbitrators From Panel Of Serving/Retired Railway Officials Contravenes Section 12(5) & 7th Schedule: Gauhati High Court
9 months, 2 weeks ago

Appointment Of Arbitrators From Panel Of Serving/Retired Railway Officials Contravenes Section 12(5) & 7th Schedule: Gauhati High Court

Live Law  

The Gauhati High Court single bench of Justice Michael Zothankhuma held that panel/appointment of the serving/retired officials of the Railways, as members of the Arbitral Tribunal, is hit by Section 12 and the 7th Schedule of the Arbitration and Conciliation Act. Railway himself cannot be made an Arbitrator in view of Section 12 and the 7th Schedule to the 1996 …

Contract General Court Railway Schedule High Manager
Provisions Of Section 12(5) R/W 7th Schedule Of The A&C Act Also Apply To Institutional Arbitrations: Bombay High Court
9 months, 3 weeks ago

Provisions Of Section 12(5) R/W 7th Schedule Of The A&C Act Also Apply To Institutional Arbitrations: Bombay High Court

Live Law  

The High Court of Bombay has held that that provisions of Section 12 r/w 7th Schedule of the A&C Act also apply to Institutional Arbitrations. The petitioner raised a challenge to her appointment under MCIA Rule 10 on the ground that the law firm in which she is a partner has, on numerous occasions, acted as legal advisors to respondent …

Arbitration Court Parties Schedule Rules Respondent Act
Unilateral Appointment Of Arbitrators: Whether Sustainable In Law?
10 months, 3 weeks ago

Unilateral Appointment Of Arbitrators: Whether Sustainable In Law?

Live Law  

Unlike an ordinary court proceeding, arbitration requires parties to choose their own decision maker/the arbitrator. It provides for three methods for the appointment of arbitrators, namely: - The parties may agree for a procedure to appoint arbitrators; If a sole arbitrator is not agreed to, then the parties may appoint a three-member Arbitral Tribunal without any request made to a …

Law Delhi Arbitration Court Parties Party Award
SC nod for ArcellorMittal Nippon Steel, IOCL to appoint arbitrators in Essar case
10 months, 4 weeks ago

SC nod for ArcellorMittal Nippon Steel, IOCL to appoint arbitrators in Essar case

Hindustan Times  

The Supreme Court on Monday cleared the decks for the initiation of arbitration proceedings by Arcelor Mittal Nippon Steel India Limited and Indian Oil Corporation Ltd for resolving their dispute relating to Essar Steel India Limited. In view of the agreement of the parties, the Delhi high court’s judgment dated October 10, 2023, is rendered infructuous,” stated the bench, which …

India Delhi Court Resolution High Appoint Iocl
Sony ‘disappointed’ with arbitrator's decision on Zee merger: ‘We will…’
11 months ago

Sony ‘disappointed’ with arbitrator's decision on Zee merger: ‘We will…’

Hindustan Times  

Sony on Monday said it is "disappointment" with Singapore tribunal's emergency arbitrator's decision rejecting its plea to restrain Zee from approaching NCLT and asserted that it will "vigorously arbitrate" the matter in the international tribunal. An emergency arbitrator of Singapore International Arbitration Centre rejected a plea of Culver Max and BEPL seeking an order to restrain Zee Entertainment Enterprise Ltd …

Entertainment Singapore Indian Network Nclt Merger Max
A Party Cannot Be Compelled To Appoint An Arbitrator From A Narrow Panel Consisting Of 3 Persons: Delhi High Court Reiterates
1 year ago

A Party Cannot Be Compelled To Appoint An Arbitrator From A Narrow Panel Consisting Of 3 Persons: Delhi High Court Reiterates

Live Law  

The High Court of Delhi has held that a panel of arbitrators consisting of merely 3 persons is not broad-based, therefore, a party cannot be compelled to appoint the arbitrator from such a narrow panel. The bench of Justice Jyoti Singh also reiterated that mere participation in the arbitral proceedings cannot be constituted as a waiver to application of Section …

Delhi Court Respondent Proceedings Panel Appointment Petitioner
Telangana High Court Upholds An Arbitral Award Directing Pulling Down Of A Building Incapable Of Human Habitation
1 year, 1 month ago

Telangana High Court Upholds An Arbitral Award Directing Pulling Down Of A Building Incapable Of Human Habitation

Live Law  

The High Court of Telangana has upheld an arbitral award passed by a sole arbitrator wherein the arbitrator directed the pulling down/demolition of the subject building after observing that it was no longer capable to have human habitation. Analysis by the Court The Court criticized the trial court for deeming the arbitrator's award beyond the arbitral proceedings' scope without considering …

Building Agreement High Award Respondents Arbitrator Appellant