Search Results for Tag : Arbitrator
News
Apex Court: Application under Section 11 of Arbitration Act to Appoint Arbitrator Not Valid(28.08.2019)
Apex Court has ruled that an application under Section 11 of the Arbitration and Conciliation Act, 1996/Arbitration Act for appointment of an arbitrat.....
Tags : Apex Court, Arbitrator
Mere Delay in Passing Award by Itself can't be Ground to Appoint Another Arbitrator: SC(24.01.2019)
Supreme Court has observed that mere neglect of an arbitrator to act or delay in passing the award by itself cannot be the ground to appoint another a.....
Tags : Supreme Court, Ground to Appoint Another Arbitrator
Supreme Court: Person Interested in Outcome of Dispute Must not have Power to Appoint Sole Arbitrator(27.11.2019)
Supreme Court has reiterated that a person who has an interest in the outcome or decision of the dispute must not have power to appoint a sole arbitra.....
Tags : Supreme Court, Arbitrator
SC: Arbitrators Can’t Unilaterally Fix Their Fee as it Violates Party Autonomy(31.08.2022)
Supreme Court has held that arbitrators do not have the power to unilaterally fix their fees without the consent of the parties. The Court also held t.....
Tags : Supreme Court, Arbitrators, Fees
SC: Arbitrator Has Discretion to Award Post-Award Interest on Part of The Sum(02.09.2022)
Supreme Court has held arbitrator has the discretion to determine the rate of reasonable interest, the sum on which the interest is to be paid, that i.....
Tags : Supreme Court, Arbitrator, Discretion
SC: Arbitrator Has Discretion to Award Post-Award Interest on Part of The Sum(02.09.2022)
Supreme Court has held arbitrator has the discretion to determine the rate of reasonable interest, the sum on which the interest is to be paid, that i.....
Tags : Supreme Court, Arbitrator, Discretion
Former Employee Not Disqualified from Acting As An Arbitrator: SC(04.01.2019)
Supreme Court has held that the Arbitration and Conciliation Act, 1996, does not disqualify a former employee from acting as an arbitrator, provided t.....
Tags : Former employee, Arbitrator
Challenge to Arbitrator Appointed should be Raised Before Arbitrator Himself First: SC(05.12.2018)
Supreme Court has reiterated that any challenge to arbitrator appointed should be raised before arbitrator himself under Section 13 of the Arbitration.....
Tags : Supreme Court, Arbitrator, Appointment of Arbitrator
Bombay HC: Award Need Not be Set Aside for Mere Erroneous Application of Law(23.08.2022)
Bombay High Court has held that when the court is convinced that the Arbitrator has erred only on specific issues and that the arbitral award is other.....
Tags : Bombay High Court, Arbitrator, Erroneous Application
Delhi HC: Unilateral Constitution of a Narrow Panel of Arbitrators Violates Impartiality(25.08.2022)
Delhi High Court has held that power conferred on one party to unilaterally choose names from a panel of arbitrators and forwarding it to the other pa.....
Tags : Delhi High Court, Arbitrators, Impartiality
SC: Award Shall Not be held Invalid Merely Because it Doesn’t Measure Up in Quality to Legal Mind(25.09.2023)
Supreme Court while observing that an award which doesn’t measure up in quality to a legal mind wouldn’t be held to be invalid on this score, has held.....
Tags : Supreme Court, Arbitrator, Approach, Equity
Kerala High Court Lays Down Two Modes to Appoint Sole Arbitrator(03.08.2022)
Kerala High Court has held that sole arbitrator can only be appointed either by High Court or by express agreement in writing between parties in dispu.....
Tags : Kerala High Court, Sole Arbitrator, Modes
SC: Arbitrator Cannot Modify Award on An Application Under Section 33 Arbitration Act(23.11.2021)
Supreme Court has observed that an Arbitrator cannot modify an Arbitration award on an application filed under Section 33 of the Arbitration and Conci.....
Tags : Supreme Court, Arbitrator Cannot Modify Award
Charging Exorbitant Fee can Lead to Termination of Arbitrator's Mandate: Rajasthan HC(07.01.2019)
Rajasthan High Court has terminated the mandate of an arbitrator for charging exorbitant fee beyond the prescribed limit.
Tags : Rajasthan High Court, Termination of Arbitrator's Mandate
SC: Department Officer Can Continue to Preside Over Arbitration Proceedings After Retirement(27.09.2021)
Supreme Court has held that a department officer, who was appointed as the arbitrator, can continue to preside over the arbitration proceedings even a.....
Tags : Supreme Court, Retired Arbitrator
Cal HC: Writ is Maintainable against Award by Statutory Arbitrator Violating of Principles of Natural(12.09.2022)
Calcutta High Court has held that an award passed by the statutory arbitrator under the National Highways Act, 1956 where neither the notice of arbitr.....
Tags : Calcutta High Court, Arbitrator, Natural Justice
SC: Chief Justice Free to Appoint Arbitrator Even If Arbitration Agreement Provides Otherwise(29.03.2017)
Supreme Court has held that even if an arbitrator is specified in agreement for arbitration, Chief Justice or designated Judge is free to appoint an i.....
Tags : Supreme Court, Chief Justice, Independent Arbitrator
SC: Court While Considering Application for Appointment of Arbitrator Can’t Go into Merits of Claim(25.11.2022)
Supreme Court has held that while considering an application seeking appointment of arbitration, the Court cannot go into question of novation of cont.....
Tags : Supreme Court, Novation, Arbitrator
Supreme Court: Third Arbitrator in Any International Dispute Must Be From Neutral Nation(13.04.2017)
Supreme Court has said that third arbitrator in any international rift involving a foreign company should always be from a neutral country for a sense.....
Tags : Supreme Court, International Dispute, Arbitrator
Court can Appoint Arbitrator Only After Resorting to Procedure in Arbitration Agreement: SC(01.04.2019)
Supreme Court has observed that High Court, while dealing with an application under Section 11(6) of Arbitration and Conciliation Act, seeking appoint.....
Tags : Supreme Court, Appointment of Arbitrators
Delhi HC: Challenge Relating to Bias of an Arbitrator Can’t be Raised U/S 14 of A&C Act(12.12.2022)
Delhi High Court has held that a challenge to the mandate of arbitrator on the ground of bias and a justifiable doubt with respect to the independence.....
Tags : Delhi High Court, Arbitrator, Bias
Mandate of "Ineligible" Arbitrator u/s 12(5) of Arbitration Act terminates automatically: SC(17.04.2019)
Supreme Court held that ineligibility of a person barred from appointment as an arbitrator under Section 12(5) of the Arbitration and Conciliation Act.....
Tags : Supreme Court, Ineligible Arbitrator, Arbitration Act
Person Ineligible to be Arbitrator U/S. 12(5) of Arbitration Act can’t Appoint Another Arbitrator: SC(17.04.2019)
Supreme Court has held that the appointment of arbitrator by a person who himself is ineligible to be an arbitrator as per Section 12(5) of Arbitratio.....
Tags : Supreme Court, Ineligible to be Arbitrator, Arbitration Act
Del HC: Party’s Agreement to Constitute Arb. Tribunal Precludes Them From Opposing Arbitrator’s App.(20.02.2024)
Delhi High Court has held that if once a party has agreed on constituting an arbitral tribunal then it is prohibited from subsequently opposing the ap.....
Tags : Delhi High Court, Arbitrator’s Appointment, Arbitral Tribunal
SC: Party Without Notice of Section 11(6) Petition Filed By Other Party Free to Appoint Arbitrator(06.01.2022)
Supreme Court has held that a party to the arbitration agreement can appoint an arbitrator even after an Arbitration Petition under Section 11(6) of t.....
Tags : Supreme Court, Appointment of Arbitrator
Kerala HC: Writ Jurisdiction Cannot be Invoked to Challenge Appointment of Arbitrator(12.01.2022)
Kerala High Court has held that writ jurisdiction cannot be invoked to challenge the appointment of an arbitrator since such grievances could be redre.....
Tags : Kerala High Court, Appointment of Arbitrator
Delhi HC: Arbitrator Can’t Set Aside Sale Notice Issued by Secured Creditor Under SARFAESI Act(23.02.2023)
Delhi High Court has held that matter of a sale notice issued by secured creditor under Section 13(4) of SARFAESI Act is not arbitrable at all, and th.....
Tags : Delhi High Court, SARFAESI, Sale Notice, Arbitrator
HP HC: Person Ineligible to Act as Arbitrator Can’t Appoint Another Arbitrator for Deciding Dispute(01.03.2023)
Himachal Pradesh High Court has held that any appointment of other person as arbitrator by person who is himself ineligible to act as an Arbitrator fo.....
Tags : Himachal Pradesh High Court, Arbitrator, Dispute
SC: Arbitrator Can Award Pendente Lite Interest if Not Barred Under Contract(20.03.2023)
Supreme Court has held that unless there is a specific bar under the contract, Arbitrator can award pendente lite interest in view of Section 31(7)(a).....
Tags : Supreme Court, Pendente Lite, Arbitrator, Contract
HP HC: Under National Highway Act, Arbitrator Has to Give Award Within 1 Year(24.03.2023)
Himachal Pradesh High Court while observing that arbitrator under National Highways Act is bound to follow A&C Act, has held that arbitrator is mandat.....
Tags : Himachal Pradesh High Court, Arbitrator, National Highway Act
Bombay High Court: Arbitrators Must List No of Cases They Have(30.05.2019)
Bombay High Court has observed that companies or their advocates often appoint the same advocate in hundreds, even thousands of disputes as their arbi.....
Tags : Bombay High Court, Arbitrators
Del. HC: Arbitrator Can Declare Terms of Contract Null Even if Not Sought by Party in Pleadings(15.03.2023)
Delhi High Court while observing that it is within the domain of the Arbitrator to interpret the terms of the contract has held that arbitrator can de.....
Tags : Delhi High Court, Arbitrator, Contract, Pleadings
AP HC: App. u/s 11(6) Can Only be Maintained if Parties Fail to Refer Dispute to Arbi. Even After Not(15.05.2024)
AP HC has held that, for maintaining an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 it is required to be shown that .....
Tags : Andhra Pradesh High Court, S. 11(6) of A&C Act, Arbitrator
Bombay HC: Court Lacking Jurisdiction to Cannot Appoint Arbitrator, No Objection by Opposite Party(20.04.2022)
Bombay High Court has held that a Court cannot appoint an Arbitrator when the only proceeding before it is an application for grant of interim measure.....
Tags : Bombay High Court, Appointment of Arbitrator
Cal. HC: Award Passed by Unilaterally Appointed Arbitrator is Null(13.04.2023)
Calcutta High Court has observed that a unilaterally appointed award does not carry the privilege of existence in the eyes of the law and is regarded .....
Tags : Calcutta High Court, Unilateral Appointment, Arbitrator, Enforcement
Delhi HC: Arbitral Award Cannot be Sustainable Merely Because of Participation of Parties(31.03.2022)
Delhi High Court has held that the participation of any party is insufficient to infuse life to arbitral proceedings if the award is void ab initio on.....
Tags : Delhi High Court, arbitral proceedings, arbitrator, arbitral award
Delhi HC: Challenge against Appointment of Arbitrator Can't Be Under Section 14 of the A&C Act(04.04.2022)
Delhi High Court has observed that Section 14 of the Arbitration and Conciliation Act, 1996 (A&C Act) does not provide a separate remedy to the partie.....
Tags : Delhi High Court, Section 14 of the Arbitration and Conciliation Act, 1996, appointment of an arbitrator
Jh. HC: Deliberate Departure from Terms of Contract May Amount to Malafide Action by Arbitrator(10.04.2023)
Jharkhand High Court has observed that deliberate departure from the contract amounts not only to manifest disregard of its authority or misconduct on.....
Tags : Jharkhand High Court, Departure, Terms of Contract, Arbitrator
Kerala HC: Neither Party Nor Person Nominated by It Can be Arbitrator(20.08.2021)
Kerala High Court has held that neither a party to an Arbitration Agreement nor a person nominated by it can be nominated an arbitrator, even if the a.....
Tags : Kerala High Court, Arbitrator
Delhi HC: Waiver Under Section 12(5) of A&C Act has to be by an Express Agreement in Writing(25.05.2022)
Delhi High Court has ruled that any right u/s 12(5) of the Arbitration and Conciliation Act, 1996 that deals with the ineligibility of persons to be a.....
Tags : Delhi High Court, Arbitration and Conciliation, Agreement, Arbitrator
Delhi HC: Party Cannot Dispute Jurisdiction on Account of Non-Existence of Arbitration Agreement(30.05.2022)
Delhi High Court has held that a party cannot dispute the jurisdiction on account of non-existence of the arbitration agreement
Tags : Delhi High Court, arbitrator, jurisdiction
Himachal Pradesh High Court: Onus Upon Arbitrator to Perform Task Within Time(10.07.2024)
Himachal Pradesh High Court while criticizing the callous attitude of an arbitrator appointed by the Central Government, has observed that the onus is.....
Tags : Himachal Pradesh High Court, Arbitrator
Cal HC: Unilateral Appointment Renders Arbitrator Ineligible Even Without Further Allegation of Bias(10.07.2024)
Calcutta High Court has held that even a unilateral appointment of an Arbitrator, without any further allegation of bias, renders the Arbitrator ineli.....
Tags : Calcutta High Court, Unilateral Appointment, Arbitrator
Punjab & Haryana HC: No Bar on Appointment of Former Bureaucrats as Government Arbitrator(16.11.2016)
Punjab and Haryana High Court has held that there is no bar on a former employee, consultant or adviser of a party being appointed as a mediator merel.....
Tags : Punjab and Haryana High Court, Former Bureaucrats, Government Arbitrator
Orissa HC: An Unreasoned Arbitration Award Is Against Public Policy(13.05.2022)
Orissa High Court by setting aside the award of the arbitrator has ruled that an unreasoned arbitral award would be against the public policy. The cou.....
Tags : Orissa High Court, public policy, arbitrator
Delhi HC: Pendency of Insolvency Petition Is Not Bar to Appointment of Arbitrator(16.05.2022)
Delhi High Court has observed that the mere pendency of an insolvency petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 is not a ba.....
Tags : Delhi High Court, Section 9, Insolvency and Bankruptcy Code, 2016, Arbitrator
SC: Intricate Enquiry Whether Claims are Time Barred Must Not be Conducted by Referral Courts(19.07.2024)
Supreme Court while deciding an application on appointment of arbitrator, has held that an intricate evidentiary enquiry must not be conducted by the .....
Tags : Supreme Court, Appointment of Arbitrator, Referral Courts
Bombay HC: Court Shall Refer Parties to Arbitration; When There Is Duality of Expert Opinion(11.05.2022)
Bombay High Court has ruled that when an allegation as to the fraud and forgery committed in the execution of the agreement is made and there is a dua.....
Tags : Bombay High Court, arbitrator, forgery
Supreme Court: Ineligible Arbitrator Can’t Nominate Another Arbitrator(04.07.2017)
Supreme Court has held that once arbitrator has become ineligible by operation of law, he cannot nominate another as an arbitrator.
Tags : Arbitrator, Supreme Court
Delhi HC: Rules of Arbitral Institution Do Not Determine Place of Arbitration(06.04.2022)
Delhi High Court has observed that the arbitral institution’s rules would not determine the place of the arbitration and only the Courts at the place .....
Tags : Delhi High Court, arbitration, arbitration proceedings, appointment of an arbitrator
Judgments
Agreement to confer exclusive jurisdiction on one of Courts to exclusion of other, neither forbidden by law nor against public policy(04.10.2016)
Instant petition filed by Petitioner against Respondent, Mahindra Logistics Limited, seeking appointment of an Arbitrator to adjudicate disputes betwe.....
Tags : Arbitrator, Appointment, Agreement, Jurisdiction
Mandate of an Arbitrator "shall terminate" by or pursuant to agreement of parties(25.01.2017)
This is a joint application by both Petitioner and Respondents under Section 14(2) read with Section 15 of Arbitration & Conciliation Act, 1996. Both .....
Tags : Arbitrator, Mandate, Termination
When arbitration clause is not applicable to particular work in question, arbitrator cannot be appointed(11.01.2019)
By way of present application filed under Section 11 of the Arbitration and Conciliation Act, 1996, the Petitioner, said to have entered into a contra.....
Tags : Arbitrator, Appointment, Clause
A party who alleged plea of fraud or coercion is under obligation to prima facie establish same(28.03.2019)
Present appeals have been filed by the Insurance Company assailing the order passed by the High Court appointing an Arbitrator in exercise of power un.....
Tags : Arbitrator, Appointment, Validity
Court will exercise its power under Section 11(6)(a) of Arbitration Act, only where a party fails to act in accordance with appointment procedure agreed between parties(29.08.2019)
The present petition under Section 11 of the Arbitration and Conciliation Act, 1996 challenges appointment of Mr. R.S. Baswana, District and Sessions .....
Tags : Appointment, Arbitrator, Legality
To constitute an arbitration agreement, there has to be statement of claim containing a specific allegation about existence of an arbitration agreement by one party and non denial thereof by other par(22.10.2019)
Present petition has been filed by the Petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator. The.....
Tags : Dispute, Arbitrator, Appointment
Ground of patent illegality is available under the statute for setting aside a domestic award, if decision of arbitrator is perverse(22.05.2020)
In the facts of present case, learned sole arbitrator has passed the arbitral award dated 29th March, 2016 in respect of Package-I holding. Similar De.....
Tags : Award, Patent illegality, Arbitrator
A former employee of a party to arbitration can be appointed as an arbitrator(03.01.2019)
Appellant-State issued a Letter of Acceptance to Respondent No. 1 for execution of a works contract for construction, operation and maintenance of Gur.....
Tags : Arbitrator, Appointment, Legality
An Arbitrator shall be ineligible, if his close family member has significant financial interest in one of the parties or an affiliate of one of the parties(25.09.2020)
The Petitioner is seeking termination of the mandate of the Presiding Arbitrator under Sections 14 and 15 of the Arbitration and Conciliation Act, 199.....
Tags : Presiding Arbitrator, Mandate, Termination
Parties may waive the applicability of Section 12(5) of A&C Act by way of an express agreement in writing after the disputes have arisen(28.01.2021)
The Petitioner has filed the present petition under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 ('A&C Act'), seeking that the man.....
Tags : Arbitrator, Appointment, Eligibility
Section 12(5) r/w Seventh Schedule of Arbitration & Conciliation Act, 1996, which deals with ineligibility of a person to be appointed as Arbitrator, is mandatory and non-derogable provision(20.01.2021)
The Appellant No. 1 / HARSAC, Department of Science and Technology, Government of Haryana is the nodal agency for Geographic Information System (“GIS”.....
Tags : Arbitrator, Eligibility, Provision
Limitation Period for filing application seeking appointment of arbitrator is governed by Article 137 of Limitation Act, 1963(10.03.2021)
The present appeal is against impugned orders allowing Application for appointment of Arbitrator. Appeals raise two important issues for consideration.....
Tags : Arbitrator, Appointment, Time-barred
Emergency arbitrator’s award is enforceable under Section 17(2) of the Arbitration Act(06.08.2021)
In present case, proceedings were initiated by the Appellant, Amazon.com NV Investment Holdings LLC ["Amazon"] before the High Court under Section 17(.....
Tags : Emergency Arbitrator, Award, Enforcement
Any written communication is deemed to have been received, if it is delivered to the addressee personally or at his place of business, habitual residence address or mailing address(23.08.2021)
The Petitioner, a company incorporated under the Companies Act, 1956, has filed the present petition under Section 11(6) of the Arbitration and Concil.....
Tags : Dispute, Appointment, Arbitrator
Arbitrator either has to be appointed with the consensus of the parties or by present Court(22.11.2021)
By way of present petition, Petitioner is seeking appointment of an independent Arbitrator under the provisions of Section 11 of the Arbitration and C.....
Tags : Arbitrator, Appointment
Issue of arbitrability of the dispute over non-renewal of the lease is within the realm of the Arbitral Tribunal/Arbitrator(18.08.2022)
Present appeals are against a common judgment passed by the High Court allowing Arbitration Appeal filed by the Respondents, setting aside the impugne.....
Tags : Dispute, Arbitrator, Appointment
An award rendered by a person who is ineligible to act as an arbitrator cannot be considered as an arbitral award(05.12.2022)
The Appellants have filed the present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 ('the A and C Act') impugning an order ren.....
Tags : Arbitrator, Appointment, Disclosure
Procedure prescribed in the Agreement before invocation of the Arbitration Agreement necessarily needs to be followed(18.01.2023)
Present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudicating t.....
Tags : Dispute, Appointment, Arbitrator
As the existence of the Arbitration Agreement and due invocation thereof are not denied, it is not for present Court to enter into the merits of the claims raised by the parties(06.02.2023)
Present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudicating t.....
Tags : Dispute, Appointment, Arbitrator
Mere negotiations will not postpone the "cause of action" for the purpose of limitation(18.05.2023)
Present is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, filed at the instance of a company based in Switzerland and e.....
Tags : Appointment, Arbitrator, Time -period
Dispute arising under the lease being governed under Transfer of Property Act are arbitrable(18.12.2020)
The Petitioner has instituted present petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitra.....
Tags : Arbitration Clause, Appointment, Arbitrator
When the arbitration agreement itself is void, Court would decline to refer the parties to arbitration despite the existence of an arbitration clause(11.09.2023)
The present petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeks appointment of an arbitrator for adjudication of disputes wh.....
Tags : Dispute, Appointment, Arbitrator
Determination of the seat vests exclusive jurisdiction upon the courts located at the designated seat to supervise the arbitration proceedings(08.01.2024)
The Petitioner has invoked the jurisdiction of this Court under Section 11 of the Arbitration and Conciliation Act, 1996 ["Arbitration Act"] for appoi.....
Tags : Appointment, Arbitrator, Jurisdiction
An award can be set aside only if the award is against the public policy of India(11.01.2022)
The Appellant - Haryana Tourism Limited ('Corporation') invited tenders/quotations for the supply of Aerated Cold Drinks at its Tourist Complexes for .....
Tags : Award, Arbitrator, Jurisdiction
Arbitration Clause from another contract can be incorporated into the contract only by a specific reference(19.03.2024)
The present appeals challenge the interim order and final judgment passed by the High Court, whereby the High Court allowed the application under Sect.....
Tags : Appointment, Arbitrator, Legality
Appointment of arbitrator can be challenged only in circumstances that give rise to justifiable doubt as to his independence or impartiality(04.06.2024)
Present Petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, ('the Act, 1996') seeking appointment of a sole Arbitrato.....
Tags : Appointment, Arbitrator, Independence
Operation of a statute could not be curbed by private action of parties(06.08.2024)
The Petitioner is a company, which claims to be a 'small' enterprise under Section 2(m) of the Micro, Small and Medium Enterprises Development Act, 20.....
Tags : Arbitrator, Appointment, Notification
Once an application under Section 8 of Arbitration and Conciliation Act, 1996 has been filed, Civil Court has no jurisdiction to continue with the suit(28.12.2017)
Plaintiff has filed a suit for recovery of Rs. 2,31,34,553/- for payment made to Defendant in pursuance to the Commercial Buyers Agreement (Buyer's Ag.....
Tags : Dispute, Arbitrator, Reference
Sole Arbitrator, who was appointed by designation, can continue the arbitration proceedings even after his retirement and can pass the award(20.09.2021)
A contract was entered into between the parties regarding the earthwork vide agreement dated 06.02.1988. During the contract work, various disputes an.....
Tags : Sole Arbitrator, Retirement, Continuation of Proceedings
Averments set up by applicants are expected to be specifically denied by replying party, if there is no specific denial, then such an averment is deemed to have been admitted by the otherside(04.06.2018)
The Applicants have filed instant applications before present Court for the appointment of a sole Arbitrator under Section 11(6) of the J & K Arbitrat.....
Tags : Dispute, Settlement, Arbitrator, Appointment