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Articles for Omp

Delhi High Court Reiterates Limited Scope Of Section 34 Of Arbitration & Conciliation Act
14 hours, 7 minutes ago

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

Live Law  

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

Delhi Court Act Omp
Plausible View Taken By Arbitrator Based On Facts Of Case Cannot Be Interfered With U/S 34 Of Arbitration Act: Delhi High Court
1 month, 3 weeks ago

Plausible View Taken By Arbitrator Based On Facts Of Case Cannot Be Interfered With U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Jasmeet Singh affirmed that once an arbitrator has taken a plausible view based on the facts of the case, such a view cannot be interfered with under section 34 of the Arbitration Act. The learned Arbitrator vide Impugned Award dated 04.08.2007 allowed the claims of the respondent and rejected the counter claims of …

Contract Court Work Patent Illegality Delay Respondent Rcc
Deposit Of Awarded Amount In Court Registry Sufficient To Extinguish Liability Arising Under Award: Himachal Pradesh High Court
1 month, 4 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 …

Arbitration Court Application Order Cpc Act Filed
Multi-Clause Contracts Should Be Interpreted So That A View On Any Particular Clause Doesn't Violate Another Part Of The Contract: Delhi HC
2 months ago

Multi-Clause Contracts Should Be Interpreted So That A View On Any Particular Clause Doesn't Violate Another Part Of The Contract: Delhi HC

Live Law  

The Delhi High Court bench of Justices Vibhhu Bakhru and Sachin Datta affirmed that the explicit terms of a contract are always the final word with regard to the intention of the parties. The Arbitral Tribunal held that GAIL was responsible for the delay by not taking the delivery of the goods even when large quantities of finished and coated …

Contract Arbitration Court Delivery Tribunal Icc View
Arbitration Cases Half Yearly Digest: January To June 2024
6 months ago

Arbitration Cases Half Yearly Digest: January To June 2024

Live Law  

Supreme Court High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case Title: CHIEF ENGINEER PWD VERSUS M/S BSC & C and C JV Citation : 2024 LiveLaw 425 The Supreme Court held that a High Court which does not have original civil jurisdiction does not have …

India Justice Delhi Supreme Court High Court Arbitration Court
Arbitration Monthly Round-Up: November 2023
1 year, 1 month 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 …

India Delhi Kolkata Supreme Court Arbitration Constitution Court
Arbitration Weekly Round-Up: 27th November to 3rd December
1 year, 1 month ago

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

Live Law  

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

Delhi Arbitration Court Party Tribunal Held High
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 …

India Delhi Arbitration English Court Gujarat Delhi High Court
An Award Which Blatantly Misapplies The Provisions Of The Contract Law Resulting In A Perverse Interpretation Of The Law, Is Liable To Be Set Aside: Delhi High Court
1 year, 3 months ago

An Award Which Blatantly Misapplies The Provisions Of The Contract Law Resulting In A Perverse Interpretation Of The Law, Is Liable To Be Set Aside: Delhi High Court

Live Law  

The High Court of Delhi has held that an award which blatantly misapplies the provisions of the Contract Law resulting in a perverse interpretation of the law, is liable to be set aside. The petitioner also preferred an application under Section 16 of the A&C Act challenging the jurisdiction of the arbitral tribunal on the ground that the petitioner is …

Court Tribunal Held Respondent Act Set Cold
Arbitrator Failed To Consider Document Based On Procedural Defects, Delhi High Court Sets Aside Award
1 year, 3 months ago

Arbitrator Failed To Consider Document Based On Procedural Defects, Delhi High Court Sets Aside Award

Live Law  

The High Court of Delhi has held that an arbitrator should not refuse to take on record any additional material evidence merely on the ground of certain procedural ground such as non-payment of costs by the party tendering such evidence. The bench of Justice Neena Bansal Krishna held that failure of the arbitrator to take on record important additional evidence …

Evidence Court Tribunal Held Respondent Act Material
Challenge Relating To The Bias Of An Arbitrator Cannot Be Raised Under Section 14 Of The A&C Act: Delhi High Court
2 years, 1 month ago

Challenge Relating To The Bias Of An Arbitrator Cannot Be Raised Under Section 14 Of The A&C Act: Delhi High Court

Live Law  

The High Court of Delhi has held a challenge to the mandate of the arbitrator on the ground of bias and a justifiable doubt with respect to the independence and impartiality cannot be raised under Section 14 of the A&C Act. The bench of Justice Yashwant Varma held that Section 14 of the Act confers the power on the Court …

Court Bias Schedule Tribunal Mandate Act Challenge
Delhi High Court Half Yearly Digest: January To June 2022 [Citations 1 - 598]
2 years, 5 months ago

Delhi High Court Half Yearly Digest: January To June 2022 [Citations 1 - 598]

Live Law  

Arrest In Breach Of 'Arnesh Kumar' Guidelines : Delhi High Court Sentences Police Officer To One Day Imprisonment Case Title: RAKESH KUMAR v. VIJAYANTA ARYA AND ORS Citation: 2022 LiveLaw 1 In a significant judgment, the Delhi High Court held a police officer guilty of contempt of court for arresting a man in violation of the principles laid down by …

India Delhi High Court Spa Reproductive Rights Trial Chennai
Delhi High Court Quarterly Digest: January To March 2022 [Citations: 1 - 265]
2 years, 7 months ago

Delhi High Court Quarterly Digest: January To March 2022 [Citations: 1 - 265]

Live Law  

CITATIONS 2022 LiveLaw 1 TO 2022 LiveLaw 265 Nominal Index RAKESH KUMAR v. VIJAYANTA ARYA AND ORS 2022 LiveLaw 1 xyz v. GNCTD 2022 LiveLaw 2 FUTURE RETAIL LTD. Faceless Assessment Scheme Does Not Mean No Personal Hearing, Mandatory Requirement U/S 144B Of Income Tax Act: Delhi High Court Case Title: Bharat Aluminium Company Ltd. v. Union of India & …

India Delhi High Court Spa Reproductive Rights Trial Court
Delhi High Court Weekly Round Up: February 7 To February 12, 2022
2 years, 11 months ago

Delhi High Court Weekly Round Up: February 7 To February 12, 2022

Live Law  

ORDERS/ JUDGMENTS OF THE WEEK1. Recourse To S.14 Arbitration Act Not Available In Respect Of Challenge To Arbitrator U/S 12: Delhi High Court Case Title: Manushi Sangathan v. Delhi Fire Service Citation: 2022 LiveLaw 98 The Delhi High Court refused to entertain the writ petition filed by Manushi Sangathan, an organization representing 67 hawkers and vendors, challenging the mock drill …

India China Justice Court Civil Procedure Speedy Trial Delhi High Court
Amazon- Future Disputes: Delhi High Court To Commence Hearing On February 24
2 years, 11 months ago

Amazon- Future Disputes: Delhi High Court To Commence Hearing On February 24

Live Law  

The Delhi High Court on Friday said that it will commence hearing in a bunch of pleas pertaining to disputes between Amazon and Future Group, over the latter's deal with Reliance Retail, on February 24. Recently, the The Supreme Court had set aside the orders dated 02.02.2021 and 18.03.2021 passed by a single judge of the High Court ordering coercive …

India Justice Delhi High Court Future Court Amazon
Objections Against Enforcement Of Foreign Arbitral Award Can't Be Filed In A Piecemeal Manner: Delhi High Court Imposes 1 Lakh Cost
2 years, 11 months ago

Objections Against Enforcement Of Foreign Arbitral Award Can't Be Filed In A Piecemeal Manner: Delhi High Court Imposes 1 Lakh Cost

Live Law  

The Delhi High Court has held that a Judgement Debtor cannot be permitted under Section 48 of the Arbitration and Conciliation Act, 1996, to file its objections against enforcement of an arbitral award in a piecemeal manner. Justice Vibhu Bakhru held,"The respondent cannot file its opposition in a piecemeal manner. Sufficient opportunity was granted to the respondent to file its …

Court Delhi High Court Respondent Limited File Award Objections
Delhi High Court Weekly Round Up: January 31 To February 6, 2022
2 years, 11 months ago

Delhi High Court Weekly Round Up: January 31 To February 6, 2022

Live Law  

ORDERS/ JUDGMENTS OF THE WEEK1. Arbitral Award Is To Be Executed At A Place Where Judgment Debtor Resides, Carries Business Or Has Assets: Delhi High Court Case Title: Continental Engineering Corporation v. Sugesan Transport Pvt Ltd. Citation: 2022 LiveLaw 59 The Delhi High Court recently dismissed an execution petition filed under Section 36 of the Arbitration & Conciliation Act by …

India Justice Delhi High Court Constitution Court Chennai
Burbank fears bullet train will compromise airport safety and water, but rail authority OKs plan
2 years, 11 months ago

Burbank fears bullet train will compromise airport safety and water, but rail authority OKs plan

LA Times  

An Alaska Airlines plane crosses Vineland Avenue in North Hollywood as it prepares to land at Hollywood Burbank Airport in July 2019. The approvals on the Los Angeles-to-Burbank segment came after Burbank officials sent letters and appeared at a board meeting Wednesday, calling on the state rail authority to delay approval because of many unresolved impacts. “The airport continues to …

Environmental Airport Water Documents California Train Cost
$6 billion project to untangle O’Hare runways completed
3 years, 4 months ago

$6 billion project to untangle O’Hare runways completed

Associated Press  

CHICAGO — Government and airline officials gathered on Thursday to mark the completion of a $6 billion modernization project to untangle the jumble of runways that for decades made flying into and out of Chicago’s O’Hare International Airport feel like a downtown traffic jam at rush hour. During a ceremony at the airport, Chicago Mayor Lori Lightfoot said the 16-year …

Chicago Project Omp Runways
Sri Lanka civil war: Missing persons are dead, says Gotabaya
4 years, 11 months ago

Sri Lanka civil war: Missing persons are dead, says Gotabaya

The Hindu  

Thousands of persons reported missing since the time of Sri Lanka’s civil war are “actually dead”, President Gotabaya Rajapaksa has said. After the “necessary investigations”, steps would be taken to issue death certificates of the missing persons, while their families would be supported, the official media release said. As part of its commitments to the UN Human Rights Council, the …

Sri Lanka Missing Persons Missing Families President Rajapaksa Gotabaya
Limited Scope Of Interference With An International Commercial Arbitration: Delhi HC [Read Judgment]
4 years, 11 months ago

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

Live Law  

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

India Court Order Tribunal German Goods Claim
Shutdown observed in Sri Lanka’s Northern Province
5 years, 10 months ago

Shutdown observed in Sri Lanka’s Northern Province

The Hindu  

Families of forcefully disappeared persons in Sri Lanka’s Northern Province observed a hartal on Monday, demanding justice for war-time human rights abuses. Thousands took to the streets, holding placards with messages such as “Where is my son?”, “UN, do not give additional time for Sri Lanka for war crime investigations”, and photographs of their missing relatives. According to human rights …

Sri Lanka Missing Persons Missing Lanka Sri Persons Sirisena
Mahinda Rajapaksa appointed Sri Lankan PM: Present scenario is a setback to path of unity for the country
6 years, 2 months ago

Mahinda Rajapaksa appointed Sri Lankan PM: Present scenario is a setback to path of unity for the country

Firstpost  

The President of Sri Lanka, Maithripala Sirisena, sacked Ranil Wickremesinghe as Prime Minister of Sri Lanka on Friday. Therefore, once again, the Tamil political parties may play a role in reinstating Wickremesinghe as prime minister if he has to prove his majority in Parliament, or the Supreme Court of Sri Lanka might step in to determine the constitutional validity of …

India Sri Lanka Constitution Prime Political Political Parties Tamil