Search Results for Tag : ITR
Blast from the Past
Party partaking in arbitration waives right to object validity(21.02.2002)
By participating in arbitration proceedings without protest, or objection before a court at the initial stage, a party is deemed to have waived its ri.....
Tags : arbitration, jurisdiction, acquiescence, participation, without protest
Top Story
Global Conference on Strengthening Arbitration and Enforcement in India(21.10.2016)
The National Institution for Transforming India (NITI Aayog) organised a three day Global Conference for strengthening National Initiative towards Str.....
Tags : Conference, Arbitration, Strethening
Cabinet approves Ordinance to set up a New Delhi International Arbitration Centre(28.02.2019)
In order to make India a hub of institutionalised arbitration, Union Government has approved promulgation of an Ordinance for establishing New Delhi I.....
Tags : Arbitration Centre, Ordinance, Approval
New Delhi International Arbitration Centre Bill, 2019 gets Cabinet’s nod(12.06.2019)
The Union Cabinet chaired by Prime Minister approves New Delhi International Arbitration Centre Bill, 2019 (NDIAC) to achieve aim of making India a hu.....
Tags : Arbitration Centre, Bill, Approval
Income Tax Department set to launch new, taxpayer-friendly e-filing Portal(05.06.2021)
The Income Tax Department is set to launch its new e-filing portal on 7th June, 2021 that is today. Department introduces Several New Features. The ne.....
Tags : ITR, Portal, Launch
Central Government exempts certain non-residents from furnishing ITR(11.10.2021)
The Central Government exempts certain class of persons, subject to the conditions, from the requirement of furnishing a return of income under sub-se.....
Tags : ITR, Exemption, Non-residents
CBDT releases draft Common Income Tax Return Form(01.11.2022)
Central Board of Direct Taxes releases draft Common Income Tax Return Form for public consultation. At present, taxpayers are required to furnish thei.....
Tags : ITR, Form, Draft
Government extends due date of furnishing of Income Tax Returns and Audit Reports(24.10.2020)
In view of the challenges faced by taxpayers in meeting the statutory and regulatory compliances due to the outbreak of COVID-19 and imposition of loc.....
Tags : ITR, Dates, Extension
Lok Sabha Passes Arbitration and Conciliation (Amendment) Bill, 2021(12.02.2021)
Lok Sabha Passes Arbitration and Conciliation (Amendment) Bill, 2021 repealing the Arbitration and Conciliation (Amendment) Ordinance, 2020 promulgate.....
Tags : Arbitration Act, Amendment
CBDT notifies Income Tax Return Forms for Assessment Year 2023-24(15.02.2023)
The Central Board of Direct Taxes (CBDT) has notified ITR Forms for the Assessment Year 2023-24 vide Notifications No. 04 & 05 of 2023 dated 10th Febr.....
Tags : ITR, Forms, Notification
Notifications & Circulars
Constitution of high level committee to review Institutionalization of Arbitration Mechanism in India(29.12.2016)
Justice Dispensing System in India has come under great stress for various reasons including huge pendency of cases in various courts. The injustice i.....
Tags : Committee, Constitution, Arbitration
Comments invited on the working paper of the high level committee to review the Institutionalisation of Arbitration Mechanism in India by 7 April 2017(16.03.2017)
The Government of India has emphasised the need for promoting arbitration as a preferred dispute resolution mechanism for commercial disputes. Pursuan.....
Tags : Arbitration, Mechanism, Institutionalisation, Review
NITI Aayog Organises Workshop on Best Practices in International Arbitration(10.10.2018)
The NITI Aayog and ICC International Court of Arbitration organised the inaugural Training-cum-Brainstorming Workshop on Best Practices in Internation.....
Tags : Workshop, Best Practices, International Arbitration
ITR-V verification pending? Now use EVC(09.05.2016)
The Central Board of Direct Taxes allowed taxpayers to verify their electronic returns by means of Electronic Verification Code.
As far bac.....
Tags : Income tax, verification, evc, itr-v
Tax on arbitral tribunal services to be borne by recipient(18.05.2016)
Service tax liability for services provided by an arbitral tribunal shall be on the service recipient if it’s a business entity.
The Depar.....
Tags : Service tax, arbitral tribunal, recipient, reverse charge
De-notification of Arbitration clause in all tariff products under Fire, Motor and Engineering, Workmen's Compensation and other classes of insurance business(23.01.2024)
In exercise of the powers conferred by sub section (1) of section 64 ULA of the Insurance Act, 1938, the Authority hereby de-notifies the Arbitration .....
Tags : Arbitration clause, Insurance business, Denotification
CBDT extends timeline for filing of modified ITR in Form ITR-A under Section 170A of Income Tax Act till March 31, 2023(26.09.2022)
The Finance Act, 2022 has inserted section 170A in the Income tax Act, 1961 ("the Act") with effect from April, 2022 relating to effect of order of tr.....
Tags : ITR, Time limit, Entension
Amendments to the Arbitration and Conciliation Bill, 2015(26.08.2015)
The Union Cabinet approved amendments to the Arbitration and Conciliation Bill, 2015. The changes include having to disclose in writing the existence .....
Tags : Arbitration, bill, 2015, amendments
CBDT notifies new Income Tax Return Forms for assessment year 2021-2022(01.04.2021)
The Central Board of Direct Taxes has notified Income Tax Return Forms (ITR Forms) for the Assessment Year 2021-22 vide Notification no.21/2021 in G.S.....
Tags : ITR, New Forms, Notification
Ordinances amending arbitration law and creating commercial courts promulgated(23.10.2015)
Continuing with its policy of if you can’t metamorphosise a Bill into an Act use an Ordinance instead, the Union Cabinet approved the promulgation of .....
Tags : Commercial, arbitration, ordinance, high court
Specified goods when stored in warehouse within ambit of Customs Act, 1962(11.01.2016)
The Ministry of Finance has specified goods that will attract provisions of the Customs Act, 1962 when deposited in a warehouse. The list comprises va.....
Tags : Fuel, spirits, crude, nitrogen, storage, customs act
Extension for uploading KYC details for insurance policies on iTrex(06.04.2016)
The Insurance Regulatory Development Authority extended the deadline for uploading the status of Know Your Customer related details for insurance poli.....
Tags : itrex, insurance database, deadline
Last date for filing of updated returns (ITR-U) for A.Y. 2021-22 (i.e. for F.Y. 2020-21) is 31.03.2024(04.03.2024)
The Income Tax Department receives information of specified financial transactions of taxpayers from various sources. To increase transparency and to .....
Tags : Submission, Updated ITRs, Financial transactions
Central Board of Direct Taxes notifies availability of ITR functionalities on the e-filing portal from 1st April, 2024(04.04.2024)
The Central Board of Direct Taxes (CBDT) has facilitated taxpayers to file their Income Tax Returns (ITRs) for the Assessment Year 2024-25 (relevant t.....
Tags : Availability, ITR functionalities, E-filing portal
Judgments
Two Indian firms may conduct arbitration outside Country and under a foreign law, if there was an agreement to that effect(24.08.2016)
Disputes arose between Appellant and Respondent. Respondent by its letter purported to terminate AGREEMENT-I. Thereafter, Respondent made a request fo.....
Tags : Jurisdiction, Agreement, Arbitration, Assertion
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
Intervention of the Court is envisaged only in few circumstances like fraud or bias by the Arbitrators or violation of natural justice(03.10.2017)
The Appellant, in present appeals, has challenged the legality and correctness of the judgment and order passed by High Court of Calcutta. Appellant s.....
Tags : Dispute, Arbitrability, Award, Interest
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
A party to an arbitration proceeding can challenge the arbitral award as soon as he receives it(25.11.2019)
The challenge in present petition under Section 34 of the Arbitration and Conciliation Act, 1996, is to an award/interim award dated May 18, 2019 pass.....
Tags : Arbitral award, Maintainability, Time period
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
Pre-deposit clauses to invoke arbitration struck down by Supreme Court as it makes arbitral process ineffective and expensive(11.03.2019)
In present case, the Respondent issued notice inviting tender for extension and augmentation of water supply, sewerage scheme, pumping station and sew.....
Tags : Arbitral process, Pre-deposit, Clause
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
Limitation period would commence only from date on which signed copy of award delivered to party making the application for setting it aside(27.03.2018)
Appellants have filed present appeals challenging the judgment of the High Court by which the High Court has held that challenge to the arbitral award.....
Tags : Arbitral award, Service, 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
Civil or Commercial dispute are to be adjudicated and resolved by Arbitral Tribunal unless the jurisdiction of the Arbitral Tribunal is excluded either expressly or by necessary implication(02.08.2021)
By present petition, the Petitioners are seeking issuance of directions to the Respondent No. 1 to proceed with resolution of disputes raised by Petit.....
Tags : Arbitral Tribunal, Adjudication, Powers
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
Once there is an arbitration clause in the agreement, it is obligatory for the court to refer the parties to arbitration in terms of the said agreement(09.11.2021)
The present petition under Article 227 of the Constitution of India impugns the judgment passed by the Additional District Judge, whereby the applicat.....
Tags : Existence, Arbitration clause, Jurisdiction
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
Stalling foreign arbitral award with Indian law rebuked(13.05.2016)
Where parties to a contract choose a seat of arbitration outside India and the law applicable is explicitly not Indian, courts in India do not have ju.....
Tags : Arbitration, abroad, jurisdiction, umpire
Merely because an application is filed under Section 34(4) of the Arbitration Act by a party, it is not always obligatory on the part of the Court to remit the matter to Arbitral Tribunal(03.01.2022)
Present appeal is filed, aggrieved by the order passed by the High Court of in Commercial Arbitration Petition. The High Court was of the view that th.....
Tags : Section 34(4) of the Arbitration Act, Arbitral Tribunal
Arbitral award shall not to be challenged on the ground that the arbitrator had drawn his own conclusion or had failed to appreciate facts(18.01.2022)
The Appellant-claimant has preferred present appeal against the judgment passed by the Division Bench of the High Court partly allowing the appeal pre.....
Tags : Arbitral award, Appreciation of Facts
Arbitral tribunal has power to award future interests on the awarded amounts, which as expressly provided under Section 31(7)(a), may include interests on the amounts awarded(19.04.2022)
The Petitioner has issued a Notice Inviting Tender for three construction projects. The Respondent being the successful bidder entered into an agreeme.....
Tags : Interest on award, Arbitral Tribunal
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
Court can interfere at the referral stage only when it is manifest that the claims are ex facie time-barred and dead, or there is no subsisting dispute(23.11.2022)
In present matter, disputes arose between the Appellant and the Respondents and the Appellant filed an application before the Commercial Court under S.....
Tags : Reference, dispute, Arbitration
District courts 'principal civil Court' in Bihar(30.07.2015)
The District Court, not the Subordinate court, have original jurisdiction in Bihar for receiving matters under Section 34 of the Arbitration and Conci.....
Tags : arbitration, civil, original jurisdiction
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
It is impermissible for a court to re-evaluate the material on record and supplant its view over that of the arbitral tribunal(05.12.2022)
The Appellant has filed the present appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 impugning a judgment passed by the lea.....
Tags : Claim, Limitation, Arbitral award
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
Appellate Court should generally not interfere unless it is apparent that the perversity of the arbitral award goes to the root of the case(20.03.2023)
Present appeal has been filed challenging the order passed by the learned Single Judge, whereby the objections of the Appellant under Section 34 of th.....
Tags : Arbitral award, Proceedings, Objections
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
Power of Arbitral Tribunal to pass appropriate orders of interim measures is not eclipsed simply on account of any application being filed under Section 13 of Arbitration Act(14.08.2023)
Present application has been filed seeking setting aside of the order and restoration of appeal.It is submitted that during the pendency of the applic.....
Tags : Arbitral Tribunal, Powers, Interim Measures
Arbitrator has power to recall his earlier order of termination of proceedings if sufficient cause is shown by claimant(30.12.2017)
By present petition, the Petitioners have prayed for condonation of delay, in filing petition and prays that, the Procedural Order Sheets passed by th.....
Tags : Arbitral proceedings, Termination, Validity
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
Once the seat of arbitration is fixed, the same would be in the nature of an exclusive jurisdiction clause binding the parties to a specific court(26.09.2023)
By way of present petition filed under Section 11(6) and (8) of the Arbitration and Conciliation Act, 1996 (Arbitration Act), the Petitioner seeks app.....
Tags : Appointment, Arbitration, Jurisdiction
Principle, ex proprio vigore, would be applicable to arbitrator and multi-member arbitral tribunal as well, particularly when it is faced with a judicial decision ordering a limited remand(19.10.2023)
Present appeal, at the instance of Appellant, registers a challenge to the judgment passed by the High Court dismissing an appeal carried by the Appel.....
Tags : Arbitral award, Quashing of, Validity
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
Arbitration tribunal empowered to recall order ‘in the interest of justice’(08.07.2016)
An arbitration tribunal can exercise its inherent powers to “secure the ends of justice”, the Chhattisdarh High Court said, allowing claims that the t.....
Tags : chhattisgarh, arbitration, order, recall, interest of justice
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
Mere vague averment bereft of material particulars cannot satisfy requirement of pleading mala fide or favoritism(27.07.2018)
Present writ appeal is filed against the order passed by the Writ Court. The Appellants herein are the Respondents before the Writ Court. The Responde.....
Tags : Tender notification, Clause, Arbitrariness
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
Parties to an arbitration agreement have autonomy to decide on both procedural and substantive law(15.12.2016)
In instant case, Parties entered into a contract and disputes arose between them. Contract contained an arbitration Clause and Centrotrade invoked it......
Tags : Arbitration, Procedure, Jurisdiction
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
Arbitral process could be interfered under Article 226/227 of the Constitution by the High Court only in exceptional circumstances(06.01.2021)
In facts of present case, on 13th February, 1991, Respondent No. 1 entered into a contract with the Appellant to manufacture and supply bricks. The af.....
Tags : Arbitral process, Discretionary power, Jurisdiction
Opposing an interim injunction does not necessarily constitute submitting a first statement on the substance of the dispute(11.08.2015)
Waiver of a right by a party to enforce the arbitration agreement must be gathered from the facts and circumstances of the case. The Court noted that .....
Tags : arbitration, waive, right, first statement
Supreme Court dismisses UoI plea to hear arbitration dispute with Reliance(22.09.2015)
Noting the “valiant attempt to reopen a question settled twice over, that is by dismissal of both a review petition and a curative petition on the ver.....
Tags : Arbitration, jurisdiction
Execution of arbitration of arbitral award impermissible without permission of BIFR(08.09.2015)
Mere violation of Indian law is not sufficient to raise an objection for enforcement of the foreign award under Section 48 of the Arbitration Act, 199.....
Tags : Arbitration, sica, foreign, bifr
Avitel’s petition against arbitral award dismissed(28.09.2015)
The Bombay High Court dismissed Avitel Post Studioz’ petition under the Arbitration and Conciliation Act, 1996 against arbitral awards passed in 2012 .....
Tags : Arbitration, seat, challenge, exclude, jurisdiction
There must be a voluntary and intentional relinquishment of a right and voluntary choice is essence of waiver(27.08.2019)
The instant appeal is directed against the final judgment passed by the High Court whereby the High Court while dismissing the Arbitration Petition he.....
Tags : Award, Arbitral proceedings, Termination
Contract must explicitly bar pendente lite interest to prevent arbitral award(16.03.2016)
An Arbitrator cannot award interest pendente lite if the same is barred expressly by contract. The Supreme Court distinguished an explicit contractual.....
Tags : Arbitration, interest, award, pendente lite
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
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
Dispute cannot be decided by arbitrator, when Trust Act provides for sufficient remedies to aggrieved persons by giving them right to approach Civil Court(17.08.2016)
In facts of the present case, since parties could not settle disputes/differences and nor could they agree for appointment of arbitrator amicably, Res.....
Tags : Arbitration application, Maintainability, Remedies, Civil Court
Court refutes arguments transposing arbitration clause from pricing clause(01.07.2016)
An arbitration clause can be incorporated in a contract where reference to the same is made as part of the contract, the Madras High Court reiterated......
Tags : arbitration, clause, incorporation, contract
News
Supreme Court Declares S.4(3)(b) of BPWC Arbitration Tribunal Act Unconstitutional(29.03.2018)
Supreme Court, while holding S. 4(3)(b) of Bihar Public Works Contracts Arbitration Tribunal Act, 2008, unconstitutional, has observed that a provisio.....
Tags : Supreme Court, Arbitration
Supreme Court: Limitation u/s 34 of Arbitration Act Begins From Date of Delivery of Award Copy(30.03.2018)
Supreme Court has reiterated that the limitation period prescribed under Section 34(3) of the Arbitration and Conciliation Act would commence only fro.....
Tags : Supreme Court, Arbitration
Delhi High Court: Scope of Interference with International Commercial Arbitration is Limited(20.01.2020)
Delhi High Court has dismissed a German manufacturer's claim for damages against Bharat Heavy Electricals Limited, India. The Court observed that the .....
Tags : Delhi High Court, International Commercial Arbitration
Calcutta HC: Application to Set Aside Arbitral Award Cannot Be Put on Hold Due to Invocation of IBC(20.01.2020)
Calcutta High Court has stated that an application to set aside an arbitral award under the Arbitration and Conciliation Act, 1996 cannot be kept in a.....
Tags : Calcutta High Court, Set Aside of Arbitral Award, Insolvency and Bankruptcy Code Provisions
Calcutta HC: Unreasoned Arbitral Awards are Opposed to Public Policy Under Section 34 of A&C Act(21.01.2020)
Calcutta High Court has set aside an arbitral award that was found to be bereft of proper reasoning and application of mind. The Court has held that a.....
Tags : Calcutta High Court Unreasoned Arbitral Award
HC can Execute Foreign Arbitration Award Despite Change in Pecuniary Jurisdiction: Delhi HC(04.12.2018)
Delhi High Court has held that jurisdiction to execute foreign arbitration award continues with the high court, despite the change in pecuniary jurisd.....
Tags : Delhi High Court, Arbitration Award, Pecuniary Jurisdiction
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
Orissa HC Grants Bail to Journalist Abhijit Iyer Mitra After 42 Days in Custody(06.12.2018)
Orissa High Court has granted bail to Abhijit Iyer Mitra, a journalist and Defense Analyst, who was jailed for his alleged Anti-Odisha remarks in twit.....
Tags : Orissa High Court, Abhijit Iyer Mitra
President Promulgates Arbitration and Conciliation Ordinance, 2020(04.11.2020)
President of India, Mr. Ram Nath Kovind has promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2020, through which changes have been .....
Tags : President of India, Arbitration and Conciliation Ordinance, 2020
Delhi HC Refuses to Stay Defamation Proceedings Against MP Mahua Moitra(06.11.2020)
Delhi High Court has refused to stay the defamation proceedings pending before the Rouse Avenue Court pertaining to the criminal defamation case filed.....
Tags : Delhi High Court, Defamation Proceedings, Mahua Moitra
HP HC Pulls Up State Civil Supply Corporation for Arbitrary Discretion in Grant of Largesses(09.11.2020)
Himachal Pradesh High Court has pulled up the State Civil Supply Corporation for arbitrary exercise of discretion in the matter of grant of largesses .....
Tags : Himachal Pradesh High Court, Arbitrary Discretion in Grant of Largesses
CRIMINAL - Calcutta HC Grants Interim Protection to MP Who has Joined BJP(19.02.2019)
Calcutta High Court has given MP Soumitra Khan, who had recently joined the BJP after quitting Trinamool Congress, interim protection from arrest for .....
Tags : Calcutta High Court, Soumitra Khan
Supreme Court: Basis that Allegations of Fraud are not Arbitrable is a Wholly Archaic View(13.01.2021)
Supreme Court has ruled that the ground that allegations of fraud are not arbitrable is a wholly archaic view, which has become obsolete, and deserves.....
Tags : Supreme Court, Fraud, Arbitrable
Gujarat HC Refuses to Interfere with CBDT’s Decision to Not Grant Extension on Filing ITR(15.01.2021)
Gujarat High Court has declined to interfere with the decision of the Central Board of Direct Taxes (CBDT), to not grant any further extension for fil.....
Tags : Gujarat High Court, Extension on Filing ITR
Delhi HC: Order Terminating Arbitration Proceedings Not an Award(15.01.2021)
Delhi High Court has ruled that an order terminating arbitration proceedings under Section 32(2)(c) of the Arbitration & Conciliation Act, 1996 is not.....
Tags : Delhi High Court, Order Terminating Arbitration Proceedings
SC: Section 12(5) Of Arbitration & Conciliation Act is Mandatory & Non- Derogable Provision(22.01.2021)
Supreme Court has observed that the Section 12(5) of the Arbitration and Conciliation Act, 1996 read with the Seventh Schedule, which deals with ineli.....
Tags : Supreme Court, Section 12(5) Of Arbitration & Conciliation Act
CIC: Husband Not Entitled to Seek Information Regarding Bank Details & ITR of His Wife(25.01.2021)
Central Information Commission has said that a husband is not entitled to seek information regarding bank details & income tax returns of his wife und.....
Tags : Central Information Commission, Bank Details and ITR of Wife
Calcutta High Court Dismisses Madan Mitra’s Bail Application(07.08.2015)
Calcutta High Court has rejected the bail application of State Transport Minister Madan Mitra, an accused in Saradha scam case.
Tags : Calcutta High Court, Madan Mitra, Bail
New Rules For Expedited And Cost-Efficient ICC Arbitration In Operation From 1 March 2017(10.03.2017)
International Chamber of Commerce (ICC) has introduced new rules for expedited proceedings that apply to all arbitration agreements entered into from .....
Tags : International Chamber of Commerce, Arbitration
ARBITRATION - Pre-Deposit Clauses to Invoke Arbitration Makes Arbitral Process Ineffective: SC(12.03.2019)
Supreme Court has observed that pre-deposit clauses to invoke arbitration would render the arbitral process ineffective and expensive, and also struck.....
Tags : Supreme Court, Arbitration, Pre-Deposit Clauses
COMPANY - Arbitration Tribunal Dismisses Punj Lloyd’s Claim Against ONGC(15.03.2019)
An arbitration tribunal has rejected a Rs. 1,320 crores claim filed by engineering, procurement and construction (EPC) contractor Punj Lloyd against O.....
Tags : Arbitration Tribunal, Punj Lloyd, ONGC
Central Government Introduces Arbitration and Conciliation (Amendment) Bill, 2021(05.02.2021)
Central Government has introduced the Arbitration and Conciliation (Amendment) Bill, 2021 in Lok Sabha to amend the arbitration law to ensure that all.....
Tags : Central Government, Arbitration and Conciliation (Amendment) Bill, 2021
Lok Sabha Passes Arbitration & Conciliation (Amendment) Bill, 2021(15.02.2021)
Lok Sabha has passed the Arbitration and Conciliation (Amendment) Bill, 2021 by voice vote. The Bill seeks to amend the Arbitration and Conciliation A.....
Tags : Lok Sabha, Arbitration & Conciliation (Amendment) Bill, 2021
Supreme Court Dismisses Govt.'s Allegation Over RIL Arbitration(23.09.2015)
SC has dismissed Govt.'s allegation of biasness against an arbitrator in an ongoing arbitration to resolve a row with Reliance Industries over Panna-M.....
Tags : SC ,RIL Arbitration ,Panna-Mukta oilfields
Supreme Court: Court Can't Relegate Parties Before Arbitral Tribunal After Setting Aside Award(24.04.2017)
Supreme Court has held that Section 34 (4) of Arbitration and Conciliation Act 1996, does not empower Court to relegate parties before Arbitral Tribun.....
Tags : Supreme Court, Arbitral Tribunal
MP HC: Commercial Matters Involving Arbitration Disputes Can Only Be Heard by Commercial Court(05.03.2021)
Madhya Pradesh High Court has held that Commercial matters involving Arbitration disputes can only be heard by Commercial Court of the status of Distr.....
Tags : Madhya Pradesh High Court, Commercial Matters Involving Arbitration Disputes
SC Suggests Amendments to Sections 11(7), 37 of Arbitration and Conciliation Act(09.03.2021)
Supreme Court has observed that the amendments to Section 11(7) and 37 of the Arbitration and Conciliation Act, 1996 might be necessary so that the or.....
Tags : Supreme Court, Amendments to Arbitration and Conciliation Act
Arbitral Tribunal Holds Zo Rooms Entitled to 7% Shareholding in $9 Billion Valued-Oyo(09.03.2021)
Arbitral Tribunal, in a tussle between Oravel Stays Pvt Ltd (Oyo) and start-up Zostel Hospitality Pvt Ltd (Zostel), has held that Zo Rooms is entitled.....
Tags : Arbitral Tribunal, Oyo-Zostel Arbitration
Parliament Passes Arbitration & Conciliation (Amendment) Bill, 2021 for Automatic Stay on Awards(11.03.2021)
Rajya Sabha has passed the Arbitration and Conciliation (Amendment) Bill, 2021 by voice vote. It seeks to amend the Arbitration and Conciliation Act, .....
Tags : Parliament, Arbitration & Conciliation (Amendment) Bill, 2021
Calcutta High Court Cancels Madan Mitra's Bail, Accused in Saradha Scam(20.11.2015)
Calcutta High Court has accepted petition of Central Bureau of Investigation seeking cancellation of bail granted to Trinamool Congress leader Madan M.....
Tags : Calcutta High Court,Madan Mitra, Saradha Scam
Supreme Court Quashes Appointment Of 1.78 Lakh Assistant Teachers In UP(26.07.2017)
Supreme Court has quashed appointment of 1.78 Lakh Assistant Teachers in Junior Basic Schools whose appointments were done by Government by absorbing .....
Tags : Supreme Court, Shiksha Mitras
Supreme Court Explains Venue of Arbitration Along With Jurisdiction of High Court(26.07.2019)
Supreme Court has noted that when a place is agreed upon by the parties as the 'venue' of Arbitration, only the High Court having jurisdiction over th.....
Tags : Supreme Court, Arbitration
Supreme Court Explains Whether Arbitration Clause Can be Invoked After Parties Compromise(01.08.2019)
Supreme Court has ruled that when the parties to a contract containing arbitration clause have settled their differences and have arrived at a comprom.....
Tags : Supreme Court, Arbitration Clause
Lok Sabha Passes Arbitration and Conciliation (Amendment) Bill, 2019(02.08.2019)
Lok Sabha has passed the Arbitration and Conciliation (Amendment) Bill, 2019. The Bill aims at making India an international arbitration hub by provid.....
Tags : Lok Sabha, Arbitration and Conciliation (Amendment) Bill, 2019
Delhi Court Upholds Order Summoning Sudhir Choudhury in Mahua Moitra's Defamation Complaint(06.07.2021)
Delhi Court has dismissed a revision application filed by Zee anchor Sudhir Chaudhary wherein it upheld a summoning order passed by a Metropolitan Mag.....
Tags : Delhi Court, Mahua Moitra
Supreme Court: Arbitral Award on the Issue of Limitation is an ‘Interim Award’(24.01.2018)
Supreme Court has held that an award delivered by an arbitrator, which decides the issue of limitation, is an interim award, that can be challenged se.....
Tags : Supreme Court, Arbitration
Supreme Court Issues Notice to EC on Plea by Mahua Moitra(10.12.2019)
Supreme Court has issued notice to the Election Commission on a plea of MP Mahua Moitra seeking direction to the poll body to publish on its website t.....
Tags : Supreme Court, Mahua Moitra
Apex Court: Delay of More than 120 Days in Filing Arbitration Appeal not Liable to be Condoned(16.12.2019)
Apex Court has observed that a delay of more than 120 days in filing appeal under Section 37 of the Arbitration and Conciliation Act, 1996 is not liab.....
Tags : Apex Court, Arbitration
Central Government Amends GFRs Permitting Payment of 75% Arbitral Amount to Contractors(10.11.2021)
Central Government has amended the General Financial Rules, 2017 (GFRs), followed by the government departments and agencies, to give effect to a Cabi.....
Tags : Central Government, Payment of Arbitral Award to Contractors
UP Court Convicts Former UP Minister Gayatri Prajapati in Chitrakoot Gang Rape Case(11.11.2021)
Special Court in Lucknow, Uttar Pradesh has convicted former Uttar Pradesh minister Gayatri Prajapati and two others in the Chitrakoot Gang Rape Case .....
Tags : Special Court in Lucknow, Uttar Pradesh, Chitrakoot Gang Rape Case
Delhi High Court Sets Aside Stay Order Over Mahua Moitra's Defamation Complaint(18.10.2019)
Delhi High Court has set aside an order staying proceedings in a defamation complaint filed by Trinamool Congress MP Mahua Moitra against Zee News and.....
Tags : Delhi High Court, Mahua Moitra
SC: Arbitration Reference Can be Declined if Dispute Does Not Correlate to Arbitration Agreement(23.09.2021)
Supreme Court has observed that prayer for reference to Arbitration under Section 11 of the Arbitration and Conciliation Act, 1996 can be declined if .....
Tags : Supreme Court, Arbitration Reference
Central Board Direct Taxes Issues E-Filing ITR 6 Schema Changes for AY 2021-22(23.09.2021)
Central Board Direct Taxes (CBDT) has issued e-Filing ITR 6 Schema Changes for Assessment Year 2021-22. The purpose of this document is to track the c.....
Tags : Central Board Direct Taxes, E-Filing ITR 6 Schema Changes
Delhi High Court: Seat of Arbitration Is Decided as Per Arbitration Agreement(27.09.2021)
Delhi High Court has observed that the seat of arbitration is to be decided according to the arbitration agreement between the parties and that the Ru.....
Tags : Delhi High Court, Seat of Arbitration
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
Supreme Court: Arbitration Dispute Can't be Raised After Accepting F&F Payment of Contractual Amount(16.02.2018)
Supreme Court has held that the party should not have been permitted to raise arbitration dispute after accepting full and final payment of the contra.....
Tags : Supreme Court, Arbitration
Supreme Court: Arbitration Award Can be Executed in Court Where Assets Are Located(16.02.2018)
Supreme Court has ruled that an arbitral award can straightaway be filed and executed in the Court where the assets are located, without first obtaini.....
Tags : Supreme Court, Arbitration
SC Junks Singh Brothers’ Appeal Against Rs. 3500-Cr Arbitral Award To Daiichi(17.02.2018)
Supreme Court has rejected the petition filed by former promoters of Ranbaxy — Malvinder Mohan Singh and Shivinder Mohan Singh — challenging the Delhi.....
Tags : Supreme Court, Arbitration
Supreme Court: Arbitration Rulings Should not be Muddled(19.12.2019)
Supreme Court has observed that arbitration awards should be intelligible, reasoned and adequate, in order to avoid wastage of time for the parties co.....
Tags : Supreme Court, Arbitration
SC: Jurisdiction of High Court Hearing An Arbitration Appeal Is Distinct from First Appellate Court(16.11.2021)
Supreme Court has observed that the jurisdiction in a first appeal arising out of a decree in a civil suit is distinct from the jurisdiction of the Hi.....
Tags : Supreme Court, Jurisdiction of High Court Hearing An Arbitration Appeal
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
Last Date for Filing ITR Extends to August 5(01.08.2016)
Govt., on account of day-long strike at public sector banks, has extended the last date for filing Income-Tax Returns (ITR) to August 5.
Tags : Govt., ITR, last date
SC: Minimal Interference by Courts in Terms of Section 48 of Arbitration & Conciliation Act, 1996(14.02.2020)
Supreme Court has held that while considering grounds for setting aside a foreign award, Court must warrant minimal interference. The Court has emphas.....
Tags : Supreme Court, Interference by Courts, Arbitration
SC: Arbitral Tribunal Before 2015 Amendment Would Lose Mandate on Violation of Neutrality Clause(05.01.2022)
Supreme Court has held that an arbitral tribunal constituted as per an arbitration clause before the 2015 amendment to the Arbitration and Conciliatio.....
Tags : Supreme Court, Arbitral Tribunal Before 2015 Amendment , Violation of Neutrality Clause
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
Gujarat HC Issues Notice on Plea Seeking Physical Filing of ITR, Audit Reports(13.01.2022)
Gujarat High Court has issued notice to the Central Government on a plea seeking waiver of interest under section 234A of Income Tax Act, 1961 and als.....
Tags : Gujarat High Court, Physical Filing of ITR, Audit Reports
DC Federal Judge Refuses To Confirm Arbitration Award To Hardy Oil & Gas(12.06.2018)
United State District Court for the District of Columbia has refused to confirm the arbitration award which would have resulted in Hardy Exploration &.....
Tags : Arbitration
DC Federal Judge Refuses To Confirm Arbitration Award To Hardy Oil & Gas(12.06.2018)
United State District Court for the District of Columbia has refused to confirm the arbitration award which would have resulted in Hardy Exploration &.....
Tags : Arbitration
Allahabad HC Extends 12 Months Period for Disposal of Arbitral Proceedings(06.04.2020)
Allahabad High Court has extended the 12 months period stipulated under Section 29A of the Arbitration & Conciliation Act, 1996, for the Arbitral Trib.....
Tags : Allahabad High Court, Disposal of Arbitral Proceedings
Bombay HC: Arbitration Clause Cannot be Defeated by Adding Cause of Action Beyond its Scope(13.04.2020)
Bombay High Court has held that a litigant cannot be permitted to defeat an arbitration agreement by adding a cause of action in the suit which is not.....
Tags : Bombay High Court, Cause of Action Beyond Arbitration Clause's Scope
SC Upholds Medical Oxygen IP and Nitrous Oxide to be Taxed As Per Entry 88 of VAT Act(13.04.2020)
Supreme Court has held that 'Medical Oxygen IP' and 'Nitrous Oxide IP' should be taxed as drugs under Entry 88 of the Andhra Pradesh Value Added Tax A.....
Tags : Supreme Court, Medical Oxygen IP and Nitrous Oxide
Delhi HC Allows Application to Extend Time for Completion of Arbitration Proceedings(16.04.2020)
Delhi High Court has allowed extension of time in a plea moved under Section 29A(5) of the Arbitration and Conciliation Act, 1996 for concluding the a.....
Tags : Delhi HC, Arbitration
Calcutta HC: Discretionary Scope to Stay Award u/s 19 MSME Act Wider Than u/s 36(3) Arbitration Act(30.03.2022)
Calcutta High Court has held that the scope of discretion upon a Court to stay an award or a decree under Section 19 of the Micro, Small and Medium En.....
Tags : Calcutta High Court, Arbitration and Conciliation Act, 1996, Small and Medium Enterprises Development Act
SC: Arbitration Award Fixing Price of Land Can't be Executed Like a Decree(27.04.2020)
Supreme Court has held that an arbitration award fixing the price of the land cannot be executed like a decree for specific performance of sale agreem.....
Tags : Supreme Court, Arbitration Award Fixing Price of Land
SC: Non-Participation in Arbitral Proceedings Results in Waiver of Right to Object Jurisdiction(30.04.2020)
Supreme Court has held that non-participation in Arbitral proceedings by a party and failure to raise objections before the Arbitrator would preclude .....
Tags : Supreme Court, Non-Participation in Arbitral Proceedings
Delhi HC: As Is Where Is Condition in License Agreement Not to Absolve Parties from Disclosures(05.04.2022)
Delhi High Court has upheld the award of an Arbitral Tribunal that stipulated that the condition of as is where is basis in an Agreement of License do.....
Tags : Delhi High Court, Arbitral Tribunal, as is where is, License Agreement
Delhi HC: Trademark Disputes that Arises Out of Contractual Rights and Obligations are Arbitrable(06.04.2022)
Delhi High Court has held that all the disputes arising out of the Trade Marks Agreement are not outside the scope of arbitration. The Court opined th.....
Tags : Delhi High Court, Trade Marks Agreement, arbitration, grant, registration, trademarks
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
SC: Absence of Arbitration Agreement Make Article 137 of Limitation Act Inapplicable to Arbitration(07.04.2022)
Supreme Court has observed that Article 137 of the Limitation Act, 1963 would be inapplicable in arbitration proceedings commenced under Bihar Public .....
Tags : Supreme Court, Article 137 of the Limitation Act, 1963, Bihar Public Works Contracts Disputes Arbitration Tribunal, arbitration proceedings
Delhi HC: Filing Complaint with Unrelated Government Office Does Not Constitute Notice(07.04.2022)
Delhi High Court has observed that mere filing of a complaint with an unrelated government office expressing one's grievance does not constitute a not.....
Tags : Delhi High Court, Section 21 of the Arbitration and Conciliation Act, 1996, government office
Gujarat HC: Dispute Involving Interpretation of Policy Guidelines Can Be Referred to Arbitrator(08.04.2022)
Gujarat High Court has observed that petition for referring to arbitration cannot be disallowed on the ground that the dispute involves interpretation.....
Tags : Gujarat High Court, arbitration, policy guidelines, dispute
Delhi HC: Petition Under Article 227 Based on Violation of Legal Provisions Can't Be Allowed(08.04.2022)
Delhi High Court has ruled that a petition under Article 227 of the Constitution of India, 1949 cannot be allowed against an order passed under Sectio.....
Tags : Delhi High Court, Section 16(3), Arbitration and Conciliation Act, 1996, Article 227, Constitution, Tribunal, Jurisdiction
Bombay HC: Petitions on Ground of Exceptional Circumstances by Arbitral Tribunal Not Maintainable(11.04.2022)
Bombay High Court has held that remedy under Section 16 of the Arbitration and Conciliation Act, 1996 lies elsewhere and the petitioners cannot file W.....
Tags : Bombay High Court, Arbitration and Conciliation Act, 1996, Article 226, Article 227, Constitution of India, exceptional circumstances
Bombay HC: Court Does Not Have Adjudicatory Powers Under Section 27 of A&C Act(12.04.2022)
Bombay High Court has observed that the Court under Section 27 of the Arbitration and Conciliation Act, 1996 does not have the jurisdiction to conside.....
Tags : Bombay High Court, Section 27 of the Arbitration and Conciliation Act, 1996, arbitral tribunal
Gujarat HC: There Cannot Be Deemed Waiver of Section 12(5) of A&C Act(12.04.2022)
Gujarat High Court has held that unless the embargo placed under Section 12(5) of the Arbitration and Conciliation Act, 1996 is waived by the parties,.....
Tags : Gujarat High Court, embargo, Section 12(5) of the Arbitration and Conciliation Act, 1996
EU Fines Google $5 Billion Over Android Antitrust Abuse(19.07.2018)
European Union (EU) has fined Google with a record antitrust fine for abusing the dominance of its Android mobile operating system.
Tags : European Union, google, antitrust
Government Extends Deadline for Filing ITR to August 31, But Not for Everyone(27.07.2018)
Income Tax department has extended the last date to file Income Tax Returns (ITR) from July 31 to August 31 for “certain categories of taxpayers”.
Tags : Government, ITR, Deadline
Madras HC: MSMED Act Overrides Arbitration Agreement between Parties(14.04.2022)
Madras High Court has ruled that section 18 of Micro, Small & Medium Enterprises Development Act, 2006 will override the arbitration clause between th.....
Tags : Madras High Court, Ministry of Micro, Small & Medium Enterprises Act, arbitration clause, overriding, non-obstante clause
Delhi HC: Sufficiency of Stamp Duty on Agreement Cannot be Adjudicated u/s 11 of A&C Act(14.04.2022)
Delhi High Court has observed that the Court can’t adjudicate on the issue whether the claims made by the petitioner are barred by limitation while de.....
Tags : Delhi High Court, Section 11 of the Arbitration and Conciliation Act, 1996, arbitration, limitation
Bombay HC: Arbitration Clause in Tax Invoice Does Not Constitute Arbitration Agreement(15.04.2022)
Bombay High Court has held that the arbitration clause in a tax invoice cannot be treated as an arbitration agreement binding on the parties.
Tags : Bombay High Court, Arbitration Clause in Tax Invoice
Orissa HC: Court for Deciding Applications Arising Out of Arbitration Agreement is Commercial Court(15.04.2022)
Orissa High Court has observed that the Court for the purpose of deciding all the applications arising out of the arbitration agreement between the pa.....
Tags : Orissa High Court, Court for Deciding Arbitration Applications, Commercial Court
Telangana HC: Arbitral Award A Nullity If Passed Beyond Prescribed Period(15.04.2022)
Telangana High Court has held that the provisions of Section 29A of the Arbitration and Conciliation Act, 1996 (A&C Act) are cast in mandatory terms a.....
Tags : Telangana High Court, Arbitral Award, Nullity, Prescribed Period
Delhi HC: Petition u/s 9 A&C Act Not Maintainable Against Procedural Orders of Arbitral Tribunal(15.04.2022)
Delhi High Court has ruled that a petition under Section 9 of the Arbitration and Conciliation Act, 1996 (A& Act) for interim measures of protection, .....
Tags : Delhi High Court, Procedural Orders of Arbitral Tribunal
Chhattisgarh HC: MSME Facilitation Council can Also Administer Arbitration(18.04.2022)
Chhattisgarh High Court has held that the bar under section 80 of the Arbitration and Conciliation Act, 1996 which prevents the conciliator acting as .....
Tags : Chhattisgarh High Court, section 80 of the Arbitration and Conciliation Act, 1996, Ministry of Micro, small & Medium Enterprises
Calcutta HC: Arbitration Agreement Not Discharged By Death of Party and Is Enforceable(18.04.2022)
Calcutta High Court has observed that an arbitration agreement will not be discharged by the death of a party and it will be enforceable by or against.....
Tags : Calcutta High Court, arbitration agreement, legal representatives
Madras HC: Writ Petition is Not Maintainable to Enforce Arbitral Award(18.04.2022)
Madras High Court has observed that a writ petition cannot be filed to enforce an arbitral award when an alternative remedy is available under section.....
Tags : Madras High Court, arbitral award, section 36 of the Arbitration and Conciliation Act, 1996
Delhi HC: Failure to Issue Notice for Additional Payment Does Not Preclude Later Claim(18.04.2022)
Delhi High Court has held that the failure on the part of the contractor to issue notice under the contract does not deprive him of his right to claim.....
Tags : Delhi High Court, contract, arbitral tribunal
Kerala HC: Dissenting Views of Minority Members Does Not Constitute Arbitral Award(18.04.2022)
Kerala High Court has observed that the Arbitral Tribunal can pass only one arbitral award and not multiple awards, stating that dissenting views can'.....
Tags : Kerala High Court, Arbitral Tribunal, arbitral award
Calcutta HC Directs to Withdraw Notice Preventing Students from Classes for Default of Dues(20.04.2022)
Calcutta High Court has reiterated that unaided private schools whose names had come up regarding allegations of arbitrary fee hike during the pandemi.....
Tags : Calcutta High Court, unaided private schools, arbitrary fee
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
Allahabad HC: Application for Extension of Time for Passing Award Lies Only Before High Court(20.04.2022)
Allahabad High Court has observed that the Court for the reason of an application under Section 29A of the Arbitration and Conciliation Act, 1996 woul.....
Tags : Allahabad High Court, Section 29A of the Arbitration and Conciliation Act, 1996, High Court
CBDT Releases ITR-1 Validation Rules for AY 2022-23(21.04.2022)
Central Board of Direct Taxes has released Income Tax Return -1 Validation Rules for Assessment Year 2022-23. The Rules include: List of category defe.....
Tags : Central Board of Direct Taxes, ITR-1, Assessment Year 2022-23
Madras HC: Manifest Intention to Arbitrate is Sine Qua Non for Filing Application Under S.9(22.04.2022)
Madras High Court has ruled that manifest intention to arbitrate is a sine qua non for filing an application under Section 9 of the Arbitration & Conc.....
Tags : Madras High Court, Section 9 of the Arbitration & Conciliation Act, 1996, sine qua non, arbitration
Allahabad HC Refers Yamuna Expressway Land Acquisition Dispute to Arbitration(04.11.2016)
Allahabad High Court has referred to arbitration a dispute between Yamuna Expressway Authority and JP Infratech Ltd in connection with enhanced compen.....
Tags : Allahabad High Court, arbitration, Yamuna Expressway, JP Infratech
Place of Arbitration Doesn’t Ipso Facto Assume Status of Seat: Supreme Court(25.09.2018)
Supreme Court has held that place of arbitration does not ipso facto assume the status of its seat and observed that ‘venue’ cannot be equated with th.....
Tags : Supreme Court, Arbitration
Delhi HC Issues Notice in Plea Moved by Mahua Moitra Against Summons Issued in Defamation Case(06.08.2020)
Delhi High Court has issued notice to State Government and Zee Media Corporation in a plea moved by Mahua Moitra, seeking the quashing of a summoning .....
Tags : Delhi High Court, Mahua Moitra
Delhi HC: filing of Written Statement Qua Transaction, Not Imply Waiver of Rights in Arbitration(13.05.2022)
Delhi High Court has ruled that a party cannot be deemed to have waived its right to invoke arbitration merely because it has filed a written statemen.....
Tags : Delhi High Court, arbitration, arbitration agreement
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
Supreme Court Denies Bail to Abhijit Iyer Arrested for Remarks on Konark Temple(05.10.2018)
Supreme Court has refused to grant bail to Odisha-based journalist Abhijit Iyer Mitra, who has been accused of making derogatory remarks on the Sun Te.....
Tags : Supreme Court, Abhijit Iyer Mitra
Calcutta HC: Indian Courts Can Grant Anti-Arbitration Injunction Against Foreign-Seated Arbitration(17.08.2020)
Calcutta High Court has ruled that Civil Courts in India do have the power to grant anti-arbitration injunctions against a foreign-seated arbitration,.....
Tags : Calcutta High Court, Anti-Arbitration Injunction
SC Lays Down Tests to Determine 'Fraud Exception' to Arbitrability of Disputes(21.08.2020)
Supreme Court has laid down the tests to determine "serious allegations of fraud" exemption to arbitrability of disputes.
Tags : Supreme Court, Arbitrability of Disputes
Delhi HC: Not Necessary to Go Into Merits of Claim/ Counter-Claim for Appointment of Arbitrator(02.05.2022)
Delhi High Court has ruled that in a petition under Section 11 of the Arbitration & Conciliation Act, 1996 for appointment of arbitrator, it is not ne.....
Tags : Delhi High Court, Section 11, Arbitration & Conciliation Act, 1996, counter claim
Madras HC: Arbitral Award Not Providing Statutory Compensation Under NHA is Perverse(04.05.2022)
Madras High Court has observed that an arbitral award does not provide for payment of compulsory statutory compensation with regard to the land acquir.....
Tags : Madras High Court, arbitral award, National Highways Act, 1956
Madhya Pradesh HC: Court Has Jurisdiction U/S 11 A&C Act to Appoint New Arbitrator(04.05.2022)
Madhya Pradesh High Court has held that once the appointment of arbitrator is void ab initio and the arbitrator is barred by virtue of Section 12 (5) .....
Tags : Madhya Pradesh High Court, Arbitration and Conciliation Act, 1996, Section 12 (5), void ab initio
Calcutta HC: Post-Award Interest is Not Advisory but Mandate of A&C Act(04.05.2022)
Calcutta High Court has held that award of future or post-award interest is not advisory but a mandate of the Arbitration and Conciliation Act, 1996 a.....
Tags : Calcutta High Court, Arbitration and Conciliation Act, 1996, Post-award
Supreme Court Rules on Limitation Period for Application to Set Aside Arbitration Award(13.08.2018)
Supreme Court has held that limitation period to make application to set aside arbitral award would start running from the date of disposal of the app.....
Tags : Supreme Court, Arbitration Award
Calcutta HC: Subsequent Agreement Extending Validity Need Not Have Separate Arbitration Clause(25.04.2022)
Calcutta High Court has held that a subsequent agreement entered into between the parties need not contain a separate arbitration clause if it is made.....
Tags : Calcutta High Court, Subsequent Agreement, Arbitration Clause
Madras HC: Arbitration Clause Contained in Partnership Deed Survives Termination of Deed(25.04.2022)
Madras High Court has held that the arbitration clause contained in a partnership deed survives the termination of the deed. The Court held that the c.....
Tags : Madras High Court, Arbitration Clause Contained in Partnership Deed
Allahabad HC Imposes Cost on Man Who Sought Reiteration of General Mandamus Against Arbitrary Arrest(25.04.2022)
Allahabad High Court recently imposed a cost of Rs. 20,000 on a person who sought reiteration of a general mandamus, which has already been issued by .....
Tags : Allahabad High Court, Arbitrary Arrest, Cost, Reiteration of General Mandamus
SC: Arbitral Tribunal Can Grant Post Award Interest Included in Sum of Award(26.04.2022)
Supreme Court has ruled that the Arbitral Tribunal can grant post-award interest on the sum of the award including the interest component. The Court r.....
Tags : Supreme Court, arbitral tribunal, Section 31(7), Arbitration and Conciliation Act, 1996
Gujarat HC: Relief Can't be Granted as it Amount to Main Relief in Section 9 Arbitration Application(26.04.2022)
Gujarat High Court has held that once an application under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim measures has been d.....
Tags : Gujarat High Court, Section 9, Arbitration and Conciliation Act, 1996
Delhi HC: Provision for Quantum of Damages Under LA Act Would Apply to Arbitrations Under RDP Act(24.05.2022)
Delhi High Court has held that the provisions for the quantum of damages under Land Acquisition Act, 2013 (LA Act) would apply to arbitrations under t.....
Tags : Delhi High Court, Damages, Arbitrations
Delhi HC: Arbitral Award Passed in Disregard to Judicial Decisions Conflicts with Public Policy(24.05.2022)
Delhi High Court has held that an arbitral award that is not in consonance with the judicial decisions laid down by the courts of India would be in vi.....
Tags : Delhi High Court, Arbitral Award, Public Policy
SC To HCs’: Dispose Sec 11(5) & 11(6) Applications Pending For Over 1 Year Within 6 Months(25.05.2022)
SC while emphasising the need for High Courts to decide applications for appointments of Arbitrators has observed that if the arbitrators are not appo.....
Tags : Supreme Court, High Courts, Arbitration, Appointment
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: Plaintiff Not Entitled to Refund of Court Fees when Parties Referred to Arbitration(27.05.2022)
Delhi High Court has held that the plaintiff is not entitled to refund of court Fees when the parties are referred to arbitration under Section 8 of t.....
Tags : Delhi High Court, Court fees, Arbitration
Delhi HC: Stamp Duty Insufficiency on Arbitration Agreement is Jurisdictional Issue U/S 16 A&C Act(26.04.2022)
Delhi High Court has ruled that the sufficiency of the stamp duty on the arbitration agreement is a jurisdictional issue under Section 16 of the Arbit.....
Tags : Delhi High Court, stamp duty, arbitration agreement, Section 16, Arbitration and Conciliation Act, 1996
Bombay HC: No Bar on Court Exercising Jurisdiction Even When Application U/S 7 of IBC is Filed(27.04.2022)
Bombay High Court has ruled that since application under Section 7 of the Insolvency and Bankruptcy Code, 2016 is filed, which is pending for consider.....
Tags : Bombay High Court, Section 7, Insolvency and Bankruptcy Code, 2016, Section 11, Arbitration and Conciliation Act, 1996
Telangana HC: Parties Cannot be Referred to Arbitration in Absence of Privity of Contract(28.04.2022)
Telangana High Court has observed that in the absence of a privity of contract parties cannot be referred to arbitration.
Tags : Telangana High Court, privity of contract, arbitration
Karnataka HC: Arbitration Relating Third Parties and Leading to Other Proceedings Inarbitrary(29.04.2022)
Karnataka High Court has held that reference of a dispute to arbitration cannot be permitted if it would lead to splitting up of the cause of action a.....
Tags : Karnataka High Court, cause of action, arbitration
SC: Delay in Adjudication of Commercial Disputes Affects Ease of Doing Business(29.04.2022)
Supreme Court has ordered the Chief Justice of Allahabad High Court to prepare a roadmap for early disposal of execution petitions under the Arbitrat.....
Tags : Supreme Court, Allahabad High Court, business, Arbitration Act
Madras HC: Section 34 Proceedings Are Summary in Nature; Does Not Permit Additional Evidence(29.04.2022)
Madras High Court has ruled that the challenge proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 are summary in nature, hence.....
Tags : Madras High Court, Section 34, Arbitration and Conciliation Act, 1996, arbitral tribunal
SC Strikes Down Law Allowing Kerala to Annul Arbitration Clause and Arbitration Awards(05.05.2022)
Supreme Court has struck down the Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998, saying it was “unconstitutional” as it v.....
Tags : Supreme Court , separation of powers, unconstitutional, arbitral awards, arbitration clause
SC Upholds Delhi HC Order Directing DMRC to Pay Arbitral Award to DAMEPL(05.05.2022)
Supreme Court has upheld a Delhi High Court order directing the Delhi Metro Rail Corporation to pay over Rs 4,600 crore of arbitral award together wit.....
Tags : Supreme Court , Rs 4,600 crore , arbitral award ,Airport Metro Express Private Limited
Delhi HC: Weak Financial Condition of Party Cannot be Sole Ground to Deposit Security/Bank Guarantee(09.05.2022)
Delhi High Court has ruled that the weak financial condition of a party cannot be the only ground to direct the party to deposit a security or bank gu.....
Tags : Delhi High Court, bank guarantee, arbitration
Calcutta HC: Order U/S 36 of A&C Act is Interim Order, Can be Modified on Basis of Financial Hardship(10.05.2022)
Calcutta High Court has held that financial hardship and financial indebtedness are sufficient grounds to modify an order passed under Section 36 of t.....
Tags : Calcutta High Court, Arbitration and Conciliation Act, 1996, Section 36, financial hardship, financial indebtedness
Bombay HC: Claim for Recovery of Security Deposit Is Arbitrable U/S 41 SCC Act(11.05.2022)
Bombay High Court has reiterated that where the parties to a Leave and License Agreement are governed by an Arbitration Agreement, determination of th.....
Tags : Bombay High Court, License Agreement, Arbitration Agreement
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 Lists Out Factors to be Considered by Arbitrator While Awarding Interest(12.10.2018)
Supreme Court has listed factors that must be taken into consideration by the arbitrator while awarding interest, observed that discretion of the arbi.....
Tags : Supreme Court, Arbitration
Petition Under Section 34 A&C Act Petition not to be Remanded to Arbitrator for Fresh Decision: SC(16.10.2018)
Supreme Court has reiterated that the court while deciding a petition under Section 34 of the Arbitration and Conciliation Act has no jurisdiction to .....
Tags : Supreme Court, Arbitration
Madras HC: Enforcement of a Foreign Arbitral Award can be Filed in More Than One High Court(01.06.2022)
Madras High Court has held that more than one High Court can exercise jurisdiction for the recognition and enforcement of an arbitral award if the cla.....
Tags : Madras High Court, Arbitral Award, Jurisdiction
Madras HC: Differentiating Between Single Class of Pensioner Based on Date of Retirement is Arbitrary(01.06.2022)
Madras High Court has observed that persons belonging to the same class cannot be discriminated against by creating an artificial class between them o.....
Tags : Madras High Court, Pensioners, Arbitrary
Karnataka HC Observes that High Courts Require Commercial Division for International Arbitration(02.06.2022)
Karnataka High Court has held that for High Courts which do not exercise Original Civil Jurisdiction, Commercial Division comprising of a Single Judge.....
Tags : Karnataka High Court, International Arbitration, Commercial Division
Delhi HC: MoU Arising Out of Agreement Containing Arbitration Clause Can Referred to Arbitration(06.06.2022)
Delhi High Court has held that where a MoU has been signed by the parties under an agreement, arbitration can be sought for breach of the terms of the.....
Tags : Delhi High Court, MoU, Arbitration
Delhi HC: Order by Arbitrator Allowing Meeting at Other Place Will Not Change Seat of Arbitration(08.06.2022)
Delhi High Court has held that order passed by the Arbitrator stating that the arbitral proceedings shall be conducted at any other place would not ch.....
Tags : Delhi High Court, Seat of Arbitration, Arbitral Order
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
Application Under Order 2 Rule 2 CPC can’t be Considered by Court U/S 11 Arbitration Act: Delhi HC(16.11.2018)
Delhi High Court has held that courts cannot consider the question of viability of a claim under Order 2 Rule 2 of Code of Civil Procedure, while hear.....
Tags : Delhi High Court, CPC, Arbitration and Conciliation Act, 1996
P&H HC: Matter Can be Referred to Arbitration Under MSMED Act in Absence of Arbitration Agreement(14.06.2022)
Punjab and Haryana High Court has held that even in the absence of an arbitration agreement between the parties, the matter can be referred to arbitra.....
Tags : Punjab and Haryana High Court, Arbitration, MSMED Act
CBDT Releases Excel Offline Utility for Filing ITR-5(16.06.2022)
Central Board of Direct Taxes (CBDT) has released Excel Offline Utility dated June 14, 2022 for the preparation and filing of ITR-5.
Tags : CBDT, Excel Offline Utility, ITR-5
Telangana HC: Application U/S 9 of A&C Act Shall Lie Before Commercial Court if Value More Than 1 Cr(17.06.2022)
Telangana High Court has held that if a dispute under Commercial Courts Act is the subject matter of a domestic arbitration whose value is more than R.....
Tags : Telangana High Court, Commercial Dispute, Arbitration
Delhi HC Grants Time to DMRC for Payment of Outstanding Amount of Arbitral Award to DAMEPL(21.06.2022)
Delhi High Court has granted time to Delhi Metro Rail Corporation (DMRC) to ensure payment of the outstanding amount to Reliance Infrastructure-promot.....
Tags : Delhi High Court, Outstanding Amount, Arbitral Award
Calcutta HC: Application u/s 9 Of A&C Act Can be Filed Where Part of Cause of Action has Arisen(14.10.2020)
Calcutta High Court has observed that an application under section 9 of the Arbitration and Conciliation Act, 1996 can be filed where a part of the ca.....
Tags : Calcutta High Court, Application u/s 9 of the Arbitration and Conciliation Act, 1996
Calcutta HC Quashes FIR by Mahua Moitra Against Babul Supriyo(15.10.2020)
Calcutta High Court has quashed the Criminal Proceedings launched against the Union Minister Babul Supriyo, based on a charge sheet filed by the State.....
Tags : Calcutta High Court, Babul Supriyo, Mahua Moitra
Singapore Arbitral Tribunal Injuncts RIL-Future Group Deal in Plea by Amazon(26.10.2020)
Singapore International Arbitration Tribunal has injuncted Reliance Industries Ltd.'s acquisition of some Future Group entities for Rs 24,713 Crores o.....
Tags : Singapore Arbitral Tribunal, RIL-Future Group Deal
Bombay HC: Amendment to S.34 Application of A&C Act Not Permissible if it Intends New Challenge(18.07.2022)
Bombay High Court has held that amendment to the application under Section 34 of the Arbitration and Conciliation Act would not be allowed if it leads.....
Tags : Bombay High Court, Arbitration and Conciliation, New Grounds
Del. HC: Rejection of S.34 Plea Under A&C Act Doesn’t Mean Court Concurs Views of Arbitral Tribunal(18.07.2022)
Delhi High Court has held that merely because the challenge to an arbitral award is dismissed by the Court exercising powers under Section 34 of the A.....
Tags : Delhi High Court, Arbitral Tribunal, Concur
Kar. HC: Once Right to Refer Dispute to Arbitration is Waived by Party, it Can’t be Reclaimed(19.07.2022)
Karnataka High Court has held that if a right to refer dispute to arbitration is once waived by a party, it can’t be allowed to be reclaimed and hence.....
Tags : Karnataka High Court, Arbitration, Commercial Court
MP HC: Notice of Proceeding Under Section 11 of The A&C Act is a Mandatory Requirement(01.08.2022)
Madhya Pradesh High Court has held that it is mandatory for a High Court to issue notice of application under Section 11 of the Arbitration & Concilia.....
Tags : Madhya Pradesh High Court, Arbitration & Conciliation, Notice
Delhi HC: Parties Can be Referred to Arbitration Even if Agreement Not Signed by a Party(02.08.2022)
Delhi High Court has held that it is not necessary for the written document to be signed by all the parties, as long as the existence of an arbitratio.....
Tags : Delhi High Court, Arbitration, Signed
Cal. HC: Intention of Parties to be Deciphered to Decide if Parties Must be Referred to Arbitration(02.08.2022)
Calcutta High Court has held that where arbitration clause between parties provided that "every effort" should be made by them to settle dispute by ar.....
Tags : Calcutta High Court, Every Effort, Arbitration
Delhi HC: Recovery of LD Not Time Barred if Imposition of LD Was Contingent on Extension of Time(02.08.2022)
Delhi High Court has held that arbitrator cannot reject the claim of a party for refund of Liquidated Damages (LD) as barred by time if it was inextri.....
Tags : Delhi High Court, Arbitration, Liquidated Damages
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: Mere Use of Words ‘Arbitration’ or ‘Arbitrator’ in Clause Won't Make it Arbitration Agreement(04.08.2022)
Supreme Court has held that mere use of the word "arbitration" or "arbitrator" in a clause will not make it an arbitration agreement, if it requires o.....
Tags : Supreme Court, Arbitration, Clause, Consent of Parties
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
SC: Proceedings under Section 34 of Arbitration Act, 1996 not Sustainable Against Foreign Award(30.11.2020)
Supreme Court has noted that the proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 is not maintainable to challenge a foreign.....
Tags : SC, Arbitration
Bombay HC: Contract Discharged by Settlement Can’t be Referred to Arbitration(18.08.2022)
Bombay High Court has held that once a settlement is arrived at by the parties, the contract between the parties stands discharged by mutual agreement.....
Tags : Bombay High Court, Arbitration, Contract, Settlement
Cal. HC: Conduct of the Parties Can't Substitute Arbitration Agreement(22.08.2022)
Calcutta High Court has held that Court while exercising powers under Section 11 of Arbitration & Conciliation Act is bound to examine existence of ar.....
Tags : Calcutta High Court, Arbitration Agreement, Objections
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
SC: PMLA Judgment Allowing Taking Possession of Property Before Trial Leaves Scope for Arbitrariness(24.08.2022)
Supreme Court while delivering judgment related to Benami Transaction Prohibition Act, stated that ratio of the recent PMLA judgment in relation to Se.....
Tags : Supreme Court, PMLA, Arbitrariness
Delhi HC Interprets Amended Provisions of Arbitration Act(09.01.2017)
Delhi High Court has said that changes made in 2015 to Arbitration Act, under which there is no automatic stay on an award being challenged, would not.....
Tags : Delhi High Court , Arbitration Act, amendment
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
Delhi HC Sets Aside Arbitral Award Requiring Antrix to Pay Over 560 Million USD to Devas Multimedia(30.08.2022)
Delhi High Court has set aside a 2015 arbitral award directing Antrix Corporation Limited, commercial and marketing arm of ISRO, to pay US$ 562.2 mill.....
Tags : Delhi High Court, Arbitral Award, Antrix Corporation
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
Arbitral Tribunal can't Award Interest if Agreement Expressly Bars Its Payment: SC(08.02.2019)
Supreme Court has reiterated that arbitrator cannot award interest on award if the agreement expressly prohibits grant of interest.
Tags : Supreme Court, Arbitral Tribunal can't Award Interest if Agreement Expressly Bars Its Payment
International Arbitration Tribunal Directs India to Pay Damages to Cairn in Tax Dispute(24.12.2020)
International Arbitration Tribunal has asked India to pay Rs 8,000 Crores as damages in a tax dispute to the UK oil major Cairn Energy Plc. to rever.....
Tags : International Arbitration Tribunal, Cairn Energy Plc
Bom. HC: Commercial Court Can’t be Regarded as Person Or Institution Under Section 11(6) of A&C Act(06.09.2022)
Bombay High Court has held that the jurisdiction and power of the High Court in relation to the appointment of an arbitral tribunal under Section 11 o.....
Tags : Bombay High Court, Appointment, Arbitral Tribunal, Commercial Courts
Allahabad HC: Non-Availability of Agreement Not Material if Parties Don’t Dispute its Existence(06.09.2022)
Allahabad High Court has held that an application under Section 8 of the Arbitration and Conciliation Act cannot be rejected merely because the origin.....
Tags : Allahabad High Court, Arbitration, Agreement
Kar. HC: Existence of Arbitration Agreement Can be Presumed if No Denial is Made in Reply(06.09.2022)
Karnataka High Court has held that arbitration agreement is said to exist if the petitioner has asserted its existence in its notice of arbitration an.....
Tags : Karnataka High Court, Arbitration Agreement, Notice
Delhi HC to DMRC: Will Summon MD is Balance Arbitral Award Not Paid to DAMEPL Within 4 Weeks(08.09.2022)
Delhi High Court has directed Delhi Metro Rail Corporation (DMRC) to make balance payment in terms of a 2017 arbitral award to Delhi Airport Metro Exp.....
Tags : Delhi High Court, Arbitral Award, DMRC
Delhi HC Refuses To Stay Arbitration Against India Govt by Mauritius Company for Refund of 2G License(31.01.2019)
Delhi High Court has refused to stay international arbitration proceedings initiated against Union of India out of a Bilateral Investment Treaty (BIT).....
Tags : Delhi High Court, Arbitration, 2G License fees
SC: Power of High Courts to Interfere with Arbitration Should be Used Rarely(07.01.2021)
Supreme Court has observed that the power of the High Courts under Article 226/227 of the Constitution of India, 1949 to interfere with an arbitration.....
Tags : Supreme Court, Interference in Arbitration Process
CBDT Declines Further Extension of Due Dates for Filing ITRs(12.01.2021)
Central Board of Direct Taxes (CBDT) has declined all representations seeking further extension of due dates for filing of Audit Reports and Income Ta.....
Tags : Central Board of Direct Taxes, Extension of Due Dates for Filing ITRs
Cal. HC: Requirements of S.21 Arbitration Act Must be Complied Before Invoking Jurisdiction U/S 11(03.10.2022)
Calcutta High Court while hearing application under Section 11 of Arbitration and Conciliation Act, 1996 (Arbitration Act), held that since requiremen.....
Tags : Calcutta High Court, Arbitration, Premature
Delhi HC Delineates Circumstances to Invoke Group of Companies Doctrine(11.10.2022)
Delhi High Court has held each Company is a separate legal entity, hence, an agreement entered into by one of the Companies in a group, cannot be bind.....
Tags : Delhi High Court, Group of Company, Arbitration Agreement
Delhi HC: Use of The Word 'Can' in an Arbitration Clause Does Not Render it Ineffective(13.10.2022)
Delhi High Court has held that mere use of the word 'can' in an arbitration clause does not render it ineffective and the intention of the parties to .....
Tags : Delhi High Court, Arbitration, Intention of Parties
TENANCY - Whether Disputes Between Landlord-Tenant Arbitrable: SC Refers the Question to Larger Bench(08.03.2019)
Supreme Court has referred to larger bench the correctness of its judgment in Himangni Enterprises v. Kamaljeet Singh Ahluwalia, in which it was held .....
Tags : Supreme Court, Himangni Enterprises v. Kamaljeet Singh Ahluwalia, Landlord-Tenant Arbitrable
CIVIL - Delhi HC Stays Appointment of Custodian of Undertakings of International Arbitration Centre(11.03.2019)
Delhi High Court has stayed order appointing Dr. Rajiv Mani, Joint Secretary & Legal Advisor, Department of Legal Affairs, Ministry of Law & Justice a.....
Tags : Delhi High Court, International Arbitration Centre
Madras HC: Arbitration Court Not to Embark on Fact-Finding Exercise Within S.34 A&C Act(01.03.2021)
Madras High Court has stated that the exercise undertaken to rewrite the arbitration award by ascribing reasons in support of the claims allowed and q.....
Tags : Madras High Court, Setting Aside of Arbitral Award
Delhi HC: Challenge Against Action Taken by Secured Creditor Won’t Bar Arbitration Proceedings(23.11.2022)
Delhi High Court has held that even if a party intended to take action under Section 17 of SARFAESI Act by filing a petition before Debt Recovery Trib.....
Tags : Delhi High Court, Secured Creditor, Arbitration
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
Bombay HC: Arbitral Tribunal Can’t Appoint HC Receiver as ‘Receiver Under Arbitration Act’(23.03.2017)
Bombay High Court has held that an arbitral tribunal does not have power to appoint Court receiver of High Court as a receiver under Section 17 of Arb.....
Tags : Bombay HC, Arbitral Tribunal
Allahabad HC: Arbitration Under Highways Act Limited to Independent Determination of Compensation(19.02.2021)
Allahabad High Court has ruled that arbitration under section 3-G (5) of The National Highways Act, 1956 is limited to the determination of the fair a.....
Tags : Allahabad High Court, Arbitration Under Highways Act
Delhi HC: Non-Signatory Confirming Party to Arbitration Clause, Can Invoke Arbitration(13.10.2022)
Delhi High Court has held that a confirming party to a Contract, who is not bound by the terms of the Contract and on whom no liability is affixed und.....
Tags : Delhi High Court, Confirming Party, Arbitration Clause
Delhi HC: Whether A Claim Is 'Notified Claim' Under Contract; Falls Outside the Scope Of Arbitration(14.10.2022)
Delhi High Court has observed that the dispute whether a claim raised by a party is a 'Notified Claim' under the Contract, which can be referred to ar.....
Tags : Delhi High Court, Notified Claim, arbitration
Delhi HC: Limitation Period for Arbitration Dispute Commences After Pre-Arbitration Mechanism fails(17.10.2022)
Delhi High Court has ruled that the period of limitation for referring the dispute to arbitration would only commence after the internal dispute resol.....
Tags : Delhi High Court, limitation, arbitration, dispute resolution
Delhi HC: Initiation Of Proceedings Under SARFAESI Act Does Not Bar Arbitration Of Disputes(20.10.2022)
Delhi High Court has ruled that the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, .....
Tags : Delhi High Court, arbitration, SARFAESI
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
Delhi High Court Says No to Defenses Under FEMA For Enforcement of Foreign Arbitral Awards(17.04.2017)
Delhi High Court has held that foreign arbitral award can be enforced in India pertaining to put options, exit at assured return, and guarantee arrang.....
Tags : Delhi High Court, Foreign Arbitral Awards
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
SC: HC Should Not Entertain Dispute Which is Arbitrable Unless Issue of Public Interest(02.04.2021)
Supreme Court has observed that ordinarily a High Court in its jurisdiction under Article 226 of the Constitution of India, 1949 has to decline to ent.....
Tags : Supreme Court, Arbitrable Dispute
Delhi HC: Award of Cost Not Containing Reasons is Arbitrary(19.01.2023)
Delhi High Court has held that awarding costs by a stroke of the pen, without stating reasons would fly in the face of section 31(3) as per which an a.....
Tags : Delhi High Court, Cost, Arbitrary, Reason
Bombay High Court: Local Law to Apply When Indian Entities are Party to Arbitration(25.08.2015)
Bombay High Court has ruled that two Indian parties should not put the clauses of foreign law in arbitration, as it is against public policy.
Tags : Bombay High Court ,Arbitration
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
E-filing for Two ITRs Launched by Income Tax Department(03.04.2017)
Income Tax Department has launched the e-filing facility for select Income Tax Returns (ITRs) for the assessment year 2017-18. The filing of these ret.....
Tags : E-filing, ITR
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
Del. HC: Can’t Consider Participation in Arbitration Proceedings as Waiver of S. 12(5) A&C Act(09.01.2023)
Delhi High Court has held that applicability of Section 12(5) of Arbitration and Conciliation Act can only be waived off by an express agreement and n.....
Tags : Delhi High Court, Arbitration, Express Agreement, Waive
SC: Limitation U/S 34 A&C Act in Case of Suo Moto Correction of Award is Date of Correction(11.01.2023)
Supreme Court has held that starting point for limitation under Section 34(3) Arbitration and Conciliation Act, in case of suo moto correction of awar.....
Tags : Supreme Court, Correction of Award, Arbitration, Limitation
Delhi HC: High Court Cannot Review Order Passed Under Section 11 of A&C Act(08.12.2022)
Delhi High Court has held that the High Court cannot review an order passed under Section 11 of the Arbitration and Conciliation Act, 1996 as the Act .....
Tags : Delhi High Court, Section 11, Arbitration
Delhi HC: Issue as to Which Party Would Bear GST Expenses Under Agreement is Arbitrable(08.12.2022)
Delhi High Court has held that an issue that relates to the inter se liability of the parties regarding the burden of GST is not related to the taxing.....
Tags : Delhi High Court, GST Expenses, Arbitrable
Delhi HC: Disclosure by Arbitrator is Not a Discretionary But a Mandatory Requirement(09.12.2022)
Delhi High Court has held that disclosure by the arbitrator under Section 12 r/w 6th Schedule of the Arbitration & Conciliation Act is not a discretio.....
Tags : Delhi High Court, Arbitration & Conciliation, Disclosure
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
MP HC: Can’t Object to Jurisdiction After Participating in Arbitral Proceedings Without Protest(14.12.2022)
Madhya Pradesh High Court has held that a party which has participated in the arbitration proceedings without any protest or challenge as to the juris.....
Tags : Madhya Pradesh High Court, Arbitral Proceedings, Jurisdiction, Protest
SC: Execute Arbitral Award Secured by DAMEPL Against DMRC in 3 Months(15.12.2022)
Supreme Court has directed execution of Rs 7,200 crore arbitral award won by Delhi Airport Metro Express Private Limited (DAMEPL) against State-owned .....
Tags : Supreme Court, DMRC, Arbitral Award
SC Asks ECI to Look into Alleged Sexual Remarks Made Against TMC Candidate Mahua Moitra(26.04.2019)
Supreme Court has directed Election Commission of India to look into allegations that offensive and sexually coloured remarks are being made against T.....
Tags : Supreme Court, Mahua Moitra, TMC
SC: HC Should Be Extremely Circumspect in Interfering With Orders Passed Under Arbitration Act(09.04.2021)
Supreme Court has reiterated that a High Court while exercising jurisdiction under Article 226 and 227 of the Constitution of India, 1949 should be ex.....
Tags : Supreme Court, Interfering With Orders Passed Under Arbitration Act
Delhi HC: Tribunals Should Decide Objections on Its Jurisdiction as Preliminary Issue(12.04.2021)
Delhi High Court has held that following the principle of kompetenze-kompetenze, an Arbitral Tribunal has the power to rule on its own jurisdiction. H.....
Tags : Delhi High Court, Arbitral Tribunal
Kerala HC: Lacuna in Arbitration Act Needs to be Addressed(09.02.2023)
Kerala High Court while expressing displeasure at the non-execution of an arbitration award that had been pending for over 10 years, has observed that.....
Tags : Kerala High Court, Arbitration, Lacuna
SC: Writ Jurisdiction Can be Applied When Contractual Terms Imposed by State are Arbitrary(09.02.2023)
Supreme Court while invalidating GAIL's Condition imposed on IPCL, has held that if the State in its contractual dealings fails to exercise a degree o.....
Tags : Supreme Court, Writ Jurisdiction, Contractual Terms, Arbitrary
Del HC: Delay in Approaching Authority for Constitution of Tribunal Won’t Render Claims Time Barred(10.02.2023)
Delhi High Court has held that period within which party is required to approach court for constitution of arbitral tribunal, can’t be conflated with .....
Tags : Delhi High Court, Limitation, Claims, Arbitral Tribunal
Arbitration: R-Infra Wins Rs. 2950 Cr Arbitration Award Against DMRC Over Airport Metro(12.05.2017)
Reliance Infrastructure (R-Infra) has won a Rs 2,950 crore arbitration award against Delhi Metro Rail Corporation (DMRC) for alleged breach by the lat.....
Tags : Airport Metro, DMRC, Arbitration
Supreme Court: Termination of Arbitration Proceedings Cannot Be Recalled(16.05.2019)
Supreme Court has noted that the termination of Arbitration proceedings by the Arbitrator under Section 32(2) (c) of the Arbitration and Conciliation .....
Tags : Supreme Court, Arbitration
Delhi HC Gives Nod for Widening of Road Near Savitri Cinema Amid Litigation Over Land’s Ownership(22.05.2019)
Delhi High Court has given its nod to widen the road near Savitri Cinema intersection in South Delhi to remove traffic bottleneck.
Tags : Delhi High Court, Savitri Cinema
SC: Indian Parties Can Choose a Foreign Seat for Arbitration(22.04.2021)
Supreme Court has held that parties to a contract who are Indian nationals or Companies incorporated in India can choose a forum for arbitration outsi.....
Tags : Supreme Court, Foreign Seat of Arbitration
Del HC: Decision to Limit No. of Visits by Family/Legal Advisors With Prisoners Not Arbitrary(21.02.2023)
Delhi High Court has held that Delhi Government's decision to restrict the total number of visits by family members, relatives, friends and legal advi.....
Tags : Delhi High Court, Arbitrary, Visits, Prisoners
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
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
Gujarat High Court Issues Notice to IITRAM(20.06.2019)
Gujarat High Court has asked for a reply from the Institute of Infrastructure, Technology, Research, and Management (IITRAM) and the State Government,.....
Tags : Gujarat High Court, IITRAM
NHRC Seeks Government Response on Chitrakoot Prison Firing Incident(19.05.2021)
National Human Rights Commission (NHRC) has sought response from the Uttar Pradesh Director General of Police and local and prison authorities of Chit.....
Tags : National Human Rights Commission, Chitrakoot Prison Firing Incident
Del HC Issues Directions to Centre and State Payment of Unpaid Dues to Reliance Infra(18.03.2023)
Delhi High Court has directed Centre and State to attend to DMRC’s request for extension of sovereign guarantee or subordinate debt to enable it make .....
Tags : Delhi High Court, DMRC, Reliance Infra, Arbitral Award
Del. HC: Power to Award Interest Applies Only in Absence of An Arbitration Agreement(18.03.2023)
Delhi High Court has held that Arbitrator’s discretion while awarding interest in respect of the pre-reference period under Section 31 of Arbitration .....
Tags : Delhi High Court, Arbitration, Pre-Reference Period
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
SC: Limited Scrutiny by Court Under S.11 of A&C Act is Necessary And Compelling(11.04.2023)
Supreme Court has held that under Section 11(6) of the Arbitration and Conciliation Act, 1996, Court’s are not expected to act mechanically and observ.....
Tags : Supreme Court, Judicial Scrutiny, Arbitration, Pre-Reference Stage
SC: To Claim Exclusion of Period When Court Remain Closed, S.34 Appln. Must be Filed Within 90 Days(12.04.2023)
Supreme Court has observe that exclusion of period during which Court was closed from computation of limitation is available only when application und.....
Tags : Supreme Court, Arbitration, Prescribed Period, Limitation
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
Gau HC: Can’t Condone Delay in Filing Petition U/S 34 A&C Act Beyond 120 Days(17.04.2023)
Gauhati High Court has held that Court cannot condone delay in the filing of the petition under Section 34 of the Arbitration & Conciliation Act beyon.....
Tags : Gauhati High Court, Period of Limitation, Condone Delay, Arbitration
Delhi HC: Can Pass Attachment Order Before Award by Arbitral Tribunal if Circumstances Warrant So(17.04.2023)
Delhi High Court while observing that attachment order can be passed before an award is rendered by Arbitral Tribunal if circumstances so warrant, has.....
Tags : Delhi High Court, Arbitral Tribunal, Attachment Order
Cal HC: Section 12(5) of A&C Act Not Applicable to Arbitration Commenced Before 2015 Amendment(17.04.2023)
Calcutta High Court has held that Section 12(5) of the Arbitration & Conciliation Act, 1996 would not apply to arbitrations that commenced before the .....
Tags : Calcutta High Court, Arbitration, Amendment, Section 12(5), Retrospectively
International Tribunal Fines Antrix With Rs 4,435cr(01.10.2015)
An international arbitration court has imposed Rs 4,435cr fine on Isro's commercial arm, Antrix, as damages to Devas Multimedia in regard to Devas-Ant.....
Tags : international arbitration court, Antrix,Devas Multimedia
Delhi High Court Will Not Stop Plan to De-Clog Savitri Crossing(04.06.2019)
Delhi High Court has observed while asking AAP Government's Public Works Department to swiftly start road widening project at a key South Delhi traffi.....
Tags : Delhi High Court, Savitri
Kerala HC: District Court Has Jurisdiction to Execute Arbitral Award(10.03.2023)
Kerala High Court while evaluating the scheme of Commercial Courts Act, 2015 has held that District Court has the jurisdiction to execute an arbitral .....
Tags : Kerala High Court, Commercial Courts Act, Arbitral Award
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
Del. HC: Arbitration Award Violating Indian Contracts Act is Patently Illegal(15.03.2023)
Delhi High Court while partially set aside an arbitration award that was passed in contravention of Sections 59-61 of Indian Contracts Act (ICA), 1872.....
Tags : Delhi High Court, Contracts Act, Arbitration Award, Violation, Illegal
Del. HC: Participation in Civil Suit Filed by Partner, Not Waiver of Right to Invoke Arbitration(17.03.2023)
Delhi High Court has observed that participation of a party in a civil suit instituted by a partner, would not debar the party from initiating indepen.....
Tags : Delhi High Court, Arbitration, Partner
SC Put Stay on Allahabad High Court's Order Declaring Shiksha Mitra’s Appointment Illegal(08.12.2015)
Supreme Court has stayed the Allahabad High Court's September order which declared appointment of about 1.72 shiksha mitras illegal.
Tags : Supreme Court , Allahabad High Court, shiksha mitras
Supreme Court Announces New Norms for Arbitration Proceedings(08.12.2015)
Supreme Court has announced new norms for hearing arbitration petitions in view of the Arbitration and Conciliation Amendment Ordinance, which came in.....
Tags : Supreme Court, Arbitration and Conciliation Amendment Ordinance
Arbitral Tribunal Awards Tata Motors Rs. 326-cr Claim in Dispute with DTC(18.08.2017)
The Arbitral Tribunal has awarded a claim of nearly Rs. 326 crore to Tata Motors Limited (TML) against DTC towards illegally recovered liquidated dama.....
Tags : Tata Motors, Arbitration
Delhi HC: Foreign State Cannot Claim Sovereign Immunity Against Enforcement of Arbitral Award(23.06.2021)
Delhi High Court has held that a Foreign State cannot claim sovereign immunity under Section 86 of Code of Civil Procedure, 1908 against enforcement o.....
Tags : Delhi High Court, Sovereign Immunity Against Enforcement of Arbitral Award
SC: Provisions of Limitation Act Will Apply to Arbitration Proceedings Under MSMED Act(30.06.2021)
Supreme Court held that the provisions of Limitation Act, 1963 will apply to arbitration proceedings initiated under Section 18(3) of Micro, Small and.....
Tags : Supreme Court, Arbitration Proceedings Under MSMED Act
SC: It is Referral Court’s Duty to Decide Issue of Existence and Validity of Arbitration Agreement(17.05.2023)
Supreme Court has held that it is duty of referral court to conclusively decide issue of existence and validity of an arbitration agreement if the sam.....
Tags : Supreme Court, Arbitration Agreement, Referral Court
President Promulgates Constitution of Commercial Courts , Arbitration and Conciliation Ordinanences(26.10.2015)
President has signed ordinances to amend Arbitration and Conciliation Act and bring into force Commercial Courts, Commercial Division and Commercial A.....
Tags : Arbitration and Conciliation Act, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Bill, 2015
Lok Sabha Passes New Delhi International Arbitration Centre Bill, 2019(11.07.2019)
Lok Sabha has passed the New Delhi International Arbitration Centre Bill, 2019. The Bill, which replaces an Ordinance promulgated in March this year, .....
Tags : Lok Sabha, New Delhi International Arbitration Centre Bill, 2019
SC: No Unusual Treatment to be Given to Govt While Considering Application for Stay of Arbitral Award(15.07.2019)
Supreme Court (SC) had held that there is no unusual treatment to be given to the Government while considering the application for stay under Section .....
Tags : SC, Arbitral Award
SC Upholds Rejection of S. 8 Application as Reliefs Claimed Fell Outside the Arbitration Clause(03.05.2023)
SC while upholding the rejection of an application filed under Section 8 of Arbitration and Conciliation Act, 1996 observed that the cause of action o.....
Tags : Supreme Court, Arbitration, Section 8 of A&C Act
NCDRC: Presence of Arbitration Clause in Agreement Doesn’t Bar Jurisdiction of Consumer Forum(05.05.2023)
National Consumer Dispute Redressal Commission (NCDRC) has held that consumer court retains the power to handle complaints, even if there is an arbitr.....
Tags : National Consumer Dispute Redressal Commission, Arbitration Clause, Consumer
SC: After Setting Aside Arbitral Award, Court Can’t Grant Relief by Modifying Such Award(10.05.2023)
Supreme Court has observed that in arbitration cases court cannot modify arbitral award after setting aside the same since it closes the door for the .....
Tags : Supreme Court, Arbitration, Arbitral Award, Modify
Calcutta HC Puts Madan Mitra under House Arrest in Saradha Chit Fund Scam(06.11.2015)
Calcutta High Court has ordered that Bengal transport and Sports Minister, Madan Mitra, an accused in the Rs 2,500-crore Saradha Chit Fund scam, to be.....
Tags : Calcutta High Court , Bengal transport and Sports Minister, Madan Mitra, Saradha Chit Fund scam
Delhi HC Restrains Vodafone From Seeking Arbitration in Rs 20,000-Crore Tax Dispute Case(23.08.2017)
Delhi High Court has “restrained” Vodafone from going ahead with its arbitration proceedings against India under a treaty with the UK, in the Rs 20,00.....
Tags : Delhi HC, Vodafone, Arbitration
SIAC Concludes Hearing on Amazon-Future Dispute, to Deliver Judgment in 1 Month(20.07.2021)
Singapore International Arbitration Centre (SIAC) has concluded its hearing on the plea filed by e-commerce major Amazon against the Rs 24,713-crore d.....
Tags : Singapore International Arbitration Centre, Amazon-Future Dispute
SC: Courts Cannot Modify Award Passed Under Section 34 of Arbitration Act(21.07.2021)
Supreme Court has held that Courts cannot modify an award passed under Section 34 of the Arbitration and Conciliation Act, 1996 in Project Director, N.....
Tags : Supreme Court, Modification of Arbitral Award
SC: Arbitration Award Which Ignores Vital Evidence in Arriving Decision Can be Set Aside(29.07.2021)
Supreme Court has observed that an arbitration award which ignores vital evidence in arriving at its decision or rewrites a contract is liable to be s.....
Tags : Supreme Court, Arbitration Award
Del HC: Counter-Balancing Not Achieved Where Majority of Tribunal Members Appointed By One Party(12.07.2023)
Delhi High Court has held that where a party is required to appoint an arbitrator from a panel made by the other contracting parties, it is mandatory .....
Tags : Delhi High Court, Tribunal Members, Arbitration
Cal HC: Reference to Master Facility Agreement Not Sufficient to Incorporate Arbitration Clause(16.08.2023)
Calcutta High Court while observing that arbitration clause can’t be incorporated by reference without clear intention of parties, has held that a gen.....
Tags : Calcutta High Court, Master Facility Agreement, Arbitration Clause
Raj. HC: Chest Measurement Criterion for Women in Recruitment is Arbitrary and Outrageous(16.08.2023)
Rajasthan High Court has held that chest measurement as a criterion for female candidates, is absolutely arbitrary, rather outrageous and it is a clea.....
Tags : Rajasthan High Court, Chest Measurement, Arbitrary
Del. HC: Generic Exclusive Jurisdiction Clause Can be Overridden by Designated Venue of Arbitration(17.08.2023)
Delhi High Court has held that the generic exclusive jurisdiction clause can be overridden by the designated venue i.e., seat of arbitration as the ge.....
Tags : Delhi High Court, Designated Venue, Arbitration
SC: Can’t Set Aside Arbitral Award on Mere Possibility of Alternate Interpretation of Contract(21.08.2023)
Supreme Court while observing that the jurisdiction u/s 34 of A&C Act is exercised only to see if the Tribunal’s view is perverse or manifestly arbitr.....
Tags : Supreme Court, Arbitral Award, Contract
Del. HC: True Copy of Arbitration Agreement Sufficient for S.11 Petition if Stamp Duty Not Disputed(24.08.2023)
Delhi High Court has held that if the stamp duty of the arbitration agreement is not disputed, the true or certified copy of the agreement containing .....
Tags : Delhi High Court, Arbitration Agreement, True Copy, Stamp
Delhi HC: Recourse to S. 34(4) of A&C Act Cannot be taken to allow Tribunals to Review Awards(24.08.2023)
Delhi HC has held that the recourse to Section 34(4) of Arbitration and Conciliation Act, 1996 (A&C Act), that grants authority to courts to remit arb.....
Tags : Delhi High Court, Arbitration, Review
Singapore Arbitration Panel: Future Retail Must Take Part in Arbitration Over Dispute with Amazon(22.10.2021)
Singapore Arbitration Panel has ruled that Future Retail must take part in arbitration over a commercial dispute with Amazon.com Inc, rejecting the In.....
Tags : Singapore Arbitration Panel, Future Retail, Amazon
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
SC: Can’t Allow use of Barium Nitrate Merely Because it Would be 30 Per Cent Less Polluting(25.09.2023)
Supreme Court has held that allowing the use of Barium Nitrate in firecrackers merely because it is indicated that the formulation as a whole would be.....
Tags : Supreme Court, Barium Nitrate, Polluting, Firecrackers
All. HC: Scheme of A&C Act Put no Limitation for Application of Doctrine of Severability to an Award(25.09.2023)
Allahabad High Court has held that scheme of the Arbitration and Conciliation Act, 1996 does not put any limitation on power of the court to apply the.....
Tags : Allahabad High Court, Doctrine of Severability, Arbitral Award
SC Refers the NN Global Judgment to 7 Judge Bench to adjudicate on Correctness of the Judgment(26.09.2023)
Supreme Court has while considering the larger ramification and the view of the majority in N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd......
Tags : Supreme Court, Arbitration, NN Global, Seven Judge Bench
President Gives Nod to SC and ST (Prevention of Atrocities) Amendment Act and others(08.01.2016)
President has given nod to Arbitration and Conciliation (Amendment) Act; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ac.....
Tags : Arbitration and Conciliation (Amendment) Act; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act; Commercial Courts,Commercial Division and Commercial Appellate Division of High Courts Act; Payment of Bonus (Amendment) Act, 2015
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
Supreme Court Invalidates Sec 87 of Arbitration & Conciliation Act Inserted through 2019 Amendment(28.11.2019)
Supreme Court has struck down Section 87 of the Arbitration and Conciliation Act, 1996 which was inserted through the 2019 Amendment Act passed by the.....
Tags : Supreme Court, Arbitration
CBIC Directs to Issue SCNs on Difference in ITR-TDS Data Only After Proper Verification(28.10.2021)
Central Board of Indirect Taxes and Customs (CBIC) directed the GST Officer to issue show-cause notices based on the difference in ITR-TDS data and se.....
Tags : Central Board of Indirect Taxes and Customs, Difference in ITR-TDS Data
Del. HC: Remedy of Arbitration Not Excluded from U.P Regulation of Cold Storages Act(13.10.2023)
Delhi High Court has held that Uttar Pradesh Regulations of Cold Storage Act 1976 does not provide any special right, remedy or procedure that cannot .....
Tags : Delhi High Court, Arbitration, Cold Storages Act
Del. HC: Claims Settled Under RP Becomes Non-Arbitrable(13.10.2023)
Delhi High Court has held that the IBC and resolution process doesn’t contemplate matters being left inchoate and exhorts one to accept the seal of fi.....
Tags : Delhi High Court, Resolution Plan, Non-Arbitrable
3rd Parties to Arbitration Proceeding May Appeal If They Are Affected By Award: Bombay High Court(12.09.2018)
Bombay High Court has held that a third party to an arbitration proceeding has the right to maintain an appeal under Section 37 of the Arbitration and.....
Tags : Bombay High Court, Arbitration
Stamp Duty Not Necessary For Enforcement Of Foreign Arbitration Awards In India: Supreme Court(14.09.2018)
Supreme Court has held that payment of stamp duty under the Indian Stamp Act is not necessary for the enforcement of foreign arbitration awards in Ind.....
Tags : Supreme Court, Stamp Duty, Arbitration
Delhi HC: Participation in Arbitral Proceedings Does Not Waiver Right to Challenge Appointment(18.02.2022)
Delhi High Court has terminated the mandate of a sole arbitrator appointed unilaterally at the instance of one of the contracting parties. The Court h.....
Tags : Delhi High Court, Participation in Arbitral Proceedings
Karnataka HC: Challenge to Award in International Commercial Arbitration Can be Made Before HC(25.02.2022)
Karnataka High Court has ordered that in view of Section 2(e)(ii) of the Arbitration and Conciliation Act, 1996 a challenge to an award in an Internat.....
Tags : Karnataka High Court, Challenge to Award, International Commercial Arbitration
SC: DMRC’s Petition Allowed, Judgement Upholding Arbitral Award In Favour of DAMEPL Set Aside(10.04.2024)
Supreme Court has set aside the judgement that upheld the arbitral award made in favour of Delhi Airport Metro Express Private Limited (DAMEPL) and re.....
Tags : Supreme Court, DAMEPL, DMRC, Arbitral Award
Delhi High Court: Not Compulsory to Use the Word ‘Seat’ in an Arbitration Clause(11.04.2024)
Delhi High Court has held that to determine the jurisdiction of the Court having jurisdiction over the proceedings arising out of the arbitration agre.....
Tags : Delhi High Court, Arbitration Clause, Arbitration Agreement
Delhi HC: Courts Should Rarely Exercise Power to Prevent Arbitration(25.07.2016)
Delhi HC has said that while courts have power to issue injunction against arbitration proceedings, they should use it rarely and said, "Courts need t.....
Tags : Delhi HC , Arbitration
Arbitrator Can’t Issue Further Directions in an Award Without Proper ‘Adjudication': Delhi HC(04.06.2018)
Delhi High Court has held that an arbitrator cannot issue further ‘directions’ in an award based on settlement, without hearing both the parties in a .....
Tags : Delhi High Court, Arbitration
Delhi HC Dismisses Execution Plea by Decree Holder for Arbitral Award(31.01.2022)
Delhi High Court has dismissed an execution petition filed under Section 36 of the Arbitration & Conciliation Act, 1996 by a Decree Holder for an arbi.....
Tags : Delhi High Court, Execution of Arbitral Award
Patna HC: Application u/s 34 Arbitration Act Challenging Arbitral Award is Not Suit(01.02.2022)
Patna High Court has held that an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award is no.....
Tags : Patna High Court, Application u/s 34 Arbitration Act
SC: Specific Reference Needed to Effect Incorporation of Arbitration Clause in Another Contract(21.03.2024)
Supreme Court has held that when parties enter into a contract, making a general reference to another contract, such general reference would not have .....
Tags : Supreme Court, Incorporation, Arbitration Clause
Delhi HC: Membership of Arbitral Institution Not a Pre-Requisite For Invoking Arbitration(26.03.2024)
Delhi High Court has held that the membership of an arbitral institution cannot be insisted upon as a pre-requisite for invoking arbitration.
Tags : Delhi High Court, arbitral institution
Oral Evidence in Application to Set Aside Arbitral Award Shouldn’t be Allowed: Supreme Court(21.08.2018)
Supreme Court has held that an application for setting aside an arbitral award will not ordinarily require anything beyond the record that was before .....
Tags : Supreme Court, Arbitration Award
Supreme Court Says 'No' to Insolvency During Pendency of Proceedings Challenging Arbitral Award(21.08.2018)
Supreme Court has held that an insolvency process cannot be put into operation when there is a pending proceeding challenging the arbitral award.
Tags : Supreme Court, Insolvency, Arbitration
Supreme Court: No Appointment of Arbitrator If There is Violation of Conditionality Clause(22.08.2018)
Supreme Court has observed that even after the 2015 amendment which inserted sub-section 6A in Section 11 of Arbitration and Conciliation Act, the arb.....
Tags : Supreme Court, Arbitration
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
Karnataka HC: Foreign Arbitral Award Enforceable if Property Within Territorial Jurisdiction(04.04.2022)
Karnataka High Court has held that an international commercial arbitral award rendered between parties that have no link with India can be enforced by.....
Tags : Karnataka High Court, international commercial, arbitral award, territorial jurisdiction
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
Uttarakhand HC Directs Removal of Shiksha Mitras(28.09.2016)
Uttarakhand HC, while hearing petition related to appointments of Shiksha Mitras in Government Schools of State, has ordered that only those who have .....
Tags : Uttarakhand HC,Shiksha Mitras
Delhi HC Agrees to Maintain Confidentiality of Ex- Ranbaxy Promoters in Daiichi Case(04.10.2016)
Delhi HC has allowed application seeking confidentiality of asset declaration made by Malvinder Singh & Shivinder Singh, Ex-Ranbaxy promoters and othe.....
Tags : Delhi HC , Rs. 2562 crore Singapore arbitration award, Ex- Ranbaxy Promoters
Bombay HC: Tax Invoices Having Reference to Arbitration, Does not Constitute Arbitration Agreement(13.04.2022)
Bombay High Court has held that acceptance of tax invoices by the opposite party, comprising a reference to arbitration, doesn’t lead to the presumpti.....
Tags : Bombay High Court, tax invoices, arbitration, arbitration agreement
Delhi HC: Claims Raised Before Arbitral Tribunal Cannot be Rejected if Not Mentioned in Notice(13.04.2022)
Delhi High Court has held that it is not necessary that a notice issued under Section 21 of the Arbitration and Conciliation Act, 1996 should quantify.....
Tags : Delhi High Court, Section 21 of the Arbitration and Conciliation Act, 1996, Arbitral Tribunal
Delhi HC: Dispute Arising Between Parties Subsequently Can Be be Proceeded In Separate Arbitration(13.04.2022)
Delhi High Court has held that a successive dispute arising from the same transaction can be referred to a separate arbitration and the arbitration ag.....
Tags : Delhi High Court, arbitration agreement
Delhi HC: Right of Party to File Counter Claims Exists Independently of Any Liberty(22.04.2022)
Delhi High Court has held that any issue on which the Arbitral Tribunal has the jurisdiction to pass a final award can also be the subject matter of a.....
Tags : Delhi High Court, Arbitral Tribunal, Section 34 of the Arbitration and Conciliation Act
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
Allahabad HC: Application U/S 47 CPC is Not Maintainable in Execution Proceedings(31.05.2022)
Allahabad High Court has ruled that an application under Section 47 of the Code of Civil Procedure, 1908 (CPC) is not maintainable in the execution pr.....
Tags : Allahabad High Court, Arbitration, execution
Delhi HC: Parties Should Avoid Multiple Arbitrations on Existing Claims on Same Contract(01.06.2022)
Delhi High Court has held that multiple arbitrations with regard to existing claims on same contract has to be avoided.
Tags : Delhi High Court, Arbitration, Multiple Arbitration
Delhi HC: Order Terminating Arbitral Proceedings Without Issuing Show Cause Notice Is Unsustainable(12.05.2022)
Delhi High Court has ruled that the Arbitral Tribunal's abrupt issuance of orders terminating arbitral proceedings under Section 25 (a) of the Arbitra.....
Tags : Delhi High Court, Arbitration and Conciliation Act, 1996, unsustainable, Section 25 (a)
Bombay HC: Agreement on Name of Arbitrator Would Not Amount to Waiver of Notice(02.05.2022)
Bombay High Court has observed that simply because the Arbitration agreement provides for the name of the arbitrator, the same would not amount to a w.....
Tags : Bombay High Court, Arbitration and Conciliation Act, 1996, Section 21, Arbitration agreement
Delhi HC: Arbitral Tribunal Cannot Decrease Liquidated Damages on Guess Work(02.05.2022)
Delhi High Court has ruled the arbitral tribunal can’t reduce the liquidated damages on guesswork if it finds that it is genuine pre-estimated damages.....
Tags : Delhi High Court, Arbitral tribunal, liquidated damages, pre-estimated damages
Madras HC: Arbitral Award Not Hit by Adequacy Facet if Reasons Given Not Laconic(02.05.2022)
Madras High Court has held that an arbitral award cannot be set aside on the ground of non-adequacy of reasons as long as the reasons given are not La.....
Tags : Madras High Court, Arbitral award, Laconic
Delhi HC Upholds NHAI's Challenge Against Arbitral Tribunal's Fee Fixing Authority(17.05.2022)
Delhi High Court has ruled that the Arbitral Tribunal is permitted to fix its fee, if its appointment is made by way of an ad hoc agreement between th.....
Tags : Delhi High Court, Arbitral Tribunal, Agreement
Madras HC: Arbitral Award Rendered Mechanically, Remits Matter Back To Arbitrator(20.05.2022)
Madras High Court while remitting back the matters has ruled that an arbitral award rendered by the District Collector awarding a lower value to the l.....
Tags : Madras High Court, Arbitration, National Highway Act, Arbitral Award
Calcutta HC: No Direction Can Be Passed to Sell Property to Third Party in Section 9 of The A&C Act(20.05.2022)
Calcutta High Court held that no direction can be passed to sell property to third party in Section 9 of the A&C Act. It was held that, to sell the su.....
Tags : Calcutta High Court, Arbitration and Conciliation, Section 9, Property
Delhi HC: Arbitrator Can’t Allow Forfeiture of Consideration Amount Without a Proof of Actual Loss(23.05.2022)
Delhi High Court has held that the arbitrator cannot allow forfeiture of a substantial amount of consideration without the proof of actual loss solely.....
Tags : Delhi High Court, Earnest Money, Arbitration
Jharkhand HC: Registrar of Jharkhand Cooperative Society Not Barred to Act as Arbitrator(23.05.2022)
Jharkhand High Court has held that appointment of arbitrator who is the Registrar of the Jharkhand Cooperative Society, and also The Ex-Officio Direct.....
Tags : Jharkhand High Court, Registrar, Arbitration, Impartiality
Unsigned Arbitration Agreement Not Invalid in All Cases: Supreme Court(05.11.2018)
Supreme Court has held that the only prerequisite for an arbitration agreement is that it should be in writing and it cannot be said that in all cases.....
Tags : Supreme Court, Unsigned Arbitration Agreement
Unsigned Arbitration Agreement Not Invalid in All Cases: Supreme Court(05.11.2018)
Supreme Court has held that the only prerequisite for an arbitration agreement is that it should be in writing and it cannot be said that in all cases.....
Tags : Supreme Court, Unsigned Arbitration Agreement
Unsigned Arbitration Agreement Not Invalid in All Cases:Supreme Court(05.11.2018)
Supreme Court has held that the only prerequisite for an arbitration agreement is that it should be in writing and it cannot be said that in all cases.....
Tags : Supreme Court, Arbitration Agreement
Telangana HC: Delay of 435 Days in Filing Appeal is Too Long to Exercise Discretion(27.06.2022)
Telangana High Court while dismissing an appeal filed after a long delay of 435 days, has held that having regards to the object of the Arbitration an.....
Tags : Telangana High Court, Arbitration and Conciliation Act, Delay
Chhattisgarh HC: Arbitral Award Vitiated by Serious Fraud And Criminal Conspiracy Can be Set Aside(01.07.2022)
Chhattisgarh High Court has held that an arbitral award that is vitiated by fraud and criminal conspiracy would be void and can be set aside, and the .....
Tags : Chhattisgarh High Court, Arbitral Award, Alternative Remedy
Karnataka HC: Executing Court Cannot Modify Arbitral Award on the Basis of Memo(10.06.2022)
Karnataka High Court has held that in absence of an application filed under Section 33 of the Arbitration and Conciliation Act, 1996 for correction of.....
Tags : Karnataka High Court, Arbitral Award, Memo
Calcutta HC: Award Holder U/S 36 of Arbitration Act Entitled To Be Secured Of Entire Award Value(23.06.2022)
Calcutta High Court has held that award holder has the statutory safeguard under Section 36 of Arbitration and Conciliation Act to secure the entire a.....
Tags : Calcutta High Court, Arbitral Award, Secure
J&K HC Approves Establishment of Court Annexed International Arbitration Centre(21.09.2020)
Jammu and Kashmir High Court has accorded approval to set up the Jammu and Kashmir International Arbitration Centre (JKIAC), annexed to the High Court.....
Tags : Jammu and Kashmir High Court, International Arbitration Centre
HP HC: Petition U/S 11 of A&C Act Would be Non-Maintainable After Filing Petition U/S 13 of A&C Act(07.07.2022)
Himachal Pradesh High Court has held that a party cannot file a petition under Section 11 of the Arbitration and Conciliation (A&C) Act after it has a.....
Tags : Himachal Pradesh High Court, Arbitration and Conciliation, Jurisdiction
Kar. HC: Section 8 of A&C Act Can't be Invoked Based on a Non-Binding Arbitration Agreement(08.07.2022)
Karnataka High Court has held that since the agreement between the parties provided for a 'non-binding' arbitration, there was absolutely no intention.....
Tags : Karnataka High Court, Intention, Arbitration Agreement
Delhi HC: Subrogation Deed Doesn’t Terminate Right of Assured to Initiate Arbitration(12.07.2022)
Delhi High Court has held that arbitration can be invoked by the insured even after entering into a subrogation-cum-assignment agreement with an insur.....
Tags : Delhi High Court, Subrogation Deed, Arbitration
SC: Court Can’t Modify Arbitral Award U/S 34, 37 of Arbitration Act(13.07.2022)
Supreme Court has held that under Section 34 or 37 of Arbitration and Conciliation Act, a Court cannot modify the award passed by the Arbitrator, it c.....
Tags : Supreme Court, Arbitral Award, Modify, Remand
SC: Counter-Claim Can’t be Rejected Merely Because Claims Weren’t Notified at Pre-Arbitral Stage(13.07.2022)
Supreme Court has held that the counter-claim of a party cannot be dismissed merely because the claims were not notified before invoking the arbitrati.....
Tags : Supreme Court, Counter-Claim, Arbitration
Madras HC: Limitation is an Aspect of Public Policy for the Purpose Section 34 of Arbitration Act(12.08.2022)
Madras High Court has held that limitation is a facet of public policy, and hence, an arbitral award which is incorrect qua limitation is hit by Secti.....
Tags : Madras High Court, Limitation, Public Policy, Arbitration
Delhi HC: CPC Contemplates Execution of Foreign Decree And Not an Order(21.07.2022)
Delhi High Court has held that remedy before the foreign arbitral tribunal would not be inefficacious when the bulk of the assets of a party are locat.....
Tags : Delhi High Court, Interim Order, Foreign Seated Arbitration
Guj. HC: Party Can Withdraw Consent for Reference To Arbitration Anytime Before Court Acts Upon it(22.07.2022)
Gujarat High Court has held that a party can withdraw its consent for reference to arbitration under Section 89 of Civil Procedure Code anytime before.....
Tags : Gujarat High Court, Consent, Arbitration
SC: Parties Can’t be Referred to Arbitration Against Decision of General Manager on Notified Claims(22.07.2022)
Supreme Court has held that if the decision of a specified authority/General Manager is final and it is decided by it that the claims are not notified.....
Tags : Supreme Court, Notified Claims, Arbitration
SC: There Cannot Be Two Arbitration Proceedings With Respect To Same Transaction(25.07.2022)
Supreme Court has held that when a dispute has earlier been referred to arbitration and an award was passed on the claims made, then it is rightful to.....
Tags : Supreme Court, Arbitration, Claims
Kar. HC: Constitution of Arbitral Tribunal Doesn’t Restrict Application for Interim Relief by Court(25.07.2022)
Karnataka High Court has held that the restriction contained under Section 9(3) of the Arbitration and Conciliation Act, 1996 would not apply once an .....
Tags : Karnataka High Court, Interim relief, Arbitral Tribunal
Delhi HC: Arbitral Tribunal Has Power to Vacate/Modify its Earlier Order(04.08.2022)
Delhi High Court has held that arbitral tribunal does not have the power of substantive review of its order; however, it does have the power to vacate.....
Tags : Delhi High Court, Arbitral Tribunal. Vacate/Modify, Interim Order
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
Delhi HC: Interlocutory Order Rejecting Application for Amendment of Claims is Not Challengeable(12.09.2022)
Delhi High Court has held that all interlocutory orders passed by the Arbitral Tribunal are not amenable to challenge under Articles 226 and 227 of th.....
Tags : Delhi High Court, Arbitral Tribunal, Articles 226, Articles 227
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
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
International Chamber of Commerce Launches Arbitration Rules 2021(16.12.2020)
International Chamber of Commerce (ICC) has come up with new set of Arbitration Rules 2021 ("ICC Rules 2021") which will come in effect from 01st Janu.....
Tags : International Chamber of Commerce, Arbitration Rules 2021
SC: ‘Existence of Arbitration Agreement’ Would Include Aspect of Validity of Arbitration Agreement(16.12.2020)
Supreme Court has held that the expression 'existence of arbitration agreement' in Section 11 of the Arbitration and Conciliation Act, 1996 would incl.....
Tags : Supreme Court, Validity of Arbitration Agreement
Court of Arbitration for Sport Cuts Down Four-Year Ban on Russia from World Athletic Events(18.12.2020)
Court of Arbitration for Sport has cut the four-year ban on Russia competing in international athletic competition because of its state-sponsored dopi.....
Tags : Court of Arbitration for Sports, Ban on Russia from World Athletic Events
SC: Reference to Facilitation Council Maintainable In Spite of Independent Arbitration Agreement(01.11.2022)
Supreme Court has held that reference made to Facilitation Council is maintainable in spite of an independent arbitration agreement existing between t.....
Tags : Supreme Court, Facilitation Council, Arbitration Agreement, MSME
Del HC: Courts Shouldn’t Interfere in Issue of Increase in Salary of Office Bearers Unless Arbitrary(02.11.2022)
Delhi High Court has held that increase in salaries of office bearers of a Commission is a policy decision of the State, and the courts should refrain.....
Tags : Delhi High Court, Salary, Arbitrary
SC: Issue of Arbitrability Should be Left to Arbitrator Unless Found That Dispute is Non- Arbitrable(07.11.2022)
Supreme Court has held that while considering application under Section 11(6) of Arbitration and Conciliation Act, dispute with respect to arbitrabili.....
Tags : Supreme Court, Arbitration
London Court of International Arbitration Issues Second Arbitral Award in Favour of SOCAR(29.01.2021)
London Court of International Arbitration has awarded US$ 63,000,000 in the second proceeding between SOCAR and Palmali under London Maritime Arbitrat.....
Tags : London Court of International Arbitration, SOCAR Group
Singapore International Arbitration Centre Extends Interim Ruling for Amazon-Future Dispute(29.01.2021)
Singapore International Arbitration Centre (SIAC) has extended the interim ruling, which was in Amazon’s favor and valid for 90 days in Amazon-Future .....
Tags : Singapore International Arbitration Centre, Amazon-Future Dispute
Singapore International Arbitration Centre Extends Interim Ruling for Amazon-Future Dispute(29.01.2021)
Singapore International Arbitration Centre (SIAC) has extended the interim ruling, which was in Amazon’s favor and valid for 90 days in Amazon-Future .....
Tags : Singapore International Arbitration Centre, Amazon-Future Dispute
Allahabad HC Issues Direction to Ensure Compliance of Safeguards from Arbitrary Arrest(01.02.2021)
Allahabad High Court has directed the Police authorities to desist from making automatic/ routine arrests, especially in dowry cases, and strictly com.....
Tags : Allahabad High Court, Arbitrary Arrest in Dowry Cases
Delhi HC: Use of Word 'Mediation' in Arbitration Clause Does Not Change Character of Clause(07.11.2022)
Delhi High Court has held that arbitration clause would not lose its character merely because the word 'mediation' has been used as its nomenclature a.....
Tags : Delhi High Court, Arbitration, Mediation
Delhi HC: Arbitral Tribunal Cannot Recall the Order Terminating the Arbitral Proceedings(20.10.2022)
Delhi High Court has observed that once the arbitral tribunal terminates the arbitration proceedings on account of claimant withdrawing its claims, it.....
Tags : Delhi High Court, arbitral, termination
Delhi HC: Notice Stating Right To Initiate Arbitration Not A Notice U/S 21 A&C Act(20.10.2022)
Delhi High Court has held that a notice issued by a party, stating its right to initiate arbitral proceedings, which it would subsequently initiate if.....
Tags : Delhi High Court, arbitral
Cal. HC: Section 9 of A&C Act Applies to Foreign Seated Arbitration Also(05.12.2022)
Calcutta High Court has held that Section 9 of Arbitration and Conciliation Act is a provision that is in aid of arbitration proceedings in contrast t.....
Tags : Calcutta High Court, Arbitration, Foreign Seated
Delhi HC: Parties Can’t be Referred to Arbitration When Moratorium Issued by NCLAT(23.12.2022)
Delhi High Court has held that moratorium granted by NCLAT after resolution process is initiated against it is akin to an order of moratorium passed u.....
Tags : Delhi High Court, Moratorium, NCLAT, Arbitration, IBC
Delhi HC: Can Refer to Arbitration a Dispute Under ‘Non-Binding Term Sheet’(23.12.2022)
Delhi High Court has held that dispute between parties under an agreement titled as "Non-Binding Term Sheet" can be referred to arbitration, as the ar.....
Tags : Delhi High Court, Arbitration, Non-Binding Term Sheet
Delhi HC: Order Rejecting Appln. for Impleading 3rd Party is Not Interim Arbitration Award(26.12.2022)
Delhi High Court has held that an order of tribunal rejecting the application for impleading a party to arbitration is not an interim award but merely.....
Tags : Delhi High Court, Interim Arbitration Award, Impleading
Bombay HC Makes E-Filing Mandatory for Criminal, Arbitration and Civil Contempt Cases(02.01.2023)
Bombay High Court has made e-filing of new criminal cases, arbitration petitions and civil contempt petitions mandatory from January 9, 2023. E-filing.....
Tags : Bombay High Court, E-Filing, Criminal, Arbitration, Civil Contempt
Delhi HC: Court Cannot Review Order Passed U/S 11 of A&C Act(12.01.2023)
Delhi High Court has held that orders passed in an application filed under Section 11 of Arbitration and Conciliation Act, 1996 (A&C) cannot be review.....
Tags : Delhi High Court, Arbitration and Conciliation, Review
Del. HC: Appln. U/S 34 A&C Act Doesn’t Cease to be Only Because Procedural Requirements Not Complied(13.01.2023)
Delhi High Court has held that an application to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act) .....
Tags : Delhi High Court, Arbitration and Conciliation Act, Procedural Requirements
Del HC: Can Refer to Arbitration Dispute Regarding Use of TM by Partner for His Sole Proprietorship(13.01.2023)
Delhi High Court while observing that disputes relating to subordinate rights in personam arising from rights in rem are arbitrable has held that disp.....
Tags : Delhi High Court, Arbitration, Trademark, Subordinate Rights
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
Bombay HC: NCLAT Has No Jurisdiction Over Petition Under Arbitration Act(14.04.2021)
Bombay High Court has held that the National Company Law Appellate Tribunal has absolutely no jurisdiction over it in a petition under the Arbitration.....
Tags : Bombay High Court, National Company law Appellate Tribunal, Jurisdiction Over Petition Under Arbitration Act
SC: When Parties Change Venue of Arbitration by Mutual Agreement, New Place is Seat of Arbitration(19.04.2021)
Supreme Court has held that when parties change the 'venue/place of arbitration' by mutual agreement, the new venue/place will become the 'seat of the.....
Tags : Supreme Court, Seat of Arbitration
Delhi HC: Filing ITR Instead of Income Certificate Can’t Deprive Eligible Candidate of Scholarship(15.12.2022)
Delhi High Court has held that mere mistake of filing Income Tax Return (ITR) certificate instead of Income Certificate can’t lead to a situation wher.....
Tags : Delhi High Court, ITR, Scholarship
Delhi HC: Invoking CIRP Would Not Make Dispute Non-Arbitrable(19.12.2022)
Delhi High Court has held that dispute would not become non-arbitrable merely because the petitioner, before filing the application for appointment of.....
Tags : Delhi High Court, Arbitration, Insolvency, Non-Arbitrable
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
Del HC: Party Can’t Restrict Limitation Period Contrary to Limitation Act, for Invoking Arbitration(24.03.2023)
Delhi High Court has held that party cannot be permitted to restrict the period of limitation for invoking arbitration, in contravention to the limita.....
Tags : Delhi High Court, Limitation Period, Arbitration
Cal HC: All Unilateral Appointments Not Invalid Unless Appointed Arbitrator Falls Within Schedule 7(15.02.2023)
Calcutta High Court has held that all unilateral appointment of arbitrator are not invalid per se unless the arbitrator’s relationship falls within th.....
Tags : Calcutta High Court, Unilateral Appointments, Seventh Schedule, Arbitration
Cal. HC: Admitting Jurisdiction in Pleading Enough for Express Agreement(16.02.2023)
Calcutta High Court has held that filing of pleadings before arbitral tribunal and agreeing to jurisdiction of the tribunal therein satisfies the requ.....
Tags : Calcutta High Court, Express Agreement, Jurisdiction, Arbitration
Del. HC: Objections U/S 47 CPC Can’t Be Considered In Enforcement Petition U/S 36 A&C Act(27.01.2023)
Delhi High Court has ruled that objections available under Section 47 of Code of Civil Procedure, 1908 cannot be considered by a Court at the time of .....
Tags : Delhi High Court, arbitration
Del. HC: Objections U/S 47 CPC Can’t Be Considered In Enforcement Petition U/S 36 A&C Act(27.01.2023)
Delhi High Court has ruled that objections available under Section 47 of Code of Civil Procedure, 1908 cannot be considered by a Court at the time of .....
Tags : Delhi High Court, arbitration
Madras HC: Non - Signatory Can Be Referred To Arbitration Under ‘Doctrine Of Alter Ego’(27.01.2023)
Madras High Court has held that non-signatories to arbitration agreement can be referred to arbitration by invoking the ‘doctrine of alter ego’ only i.....
Tags : Madras High Court, arbitration, alter ego
Delhi HC: Arbitration Clause Continues To Operate Even After Dissolution Of Partnership(27.01.2023)
Delhi High Court has observed that an arbitration clause contained in a contract executed with a partnership firm, will continue in effect even after .....
Tags : Delhi High Court, arbitration, dissolution, partnership
Bombay HC: Court Not Powerless to Appoint Appropriate Arbitral Tribunal(30.01.2023)
Bombay High Court has held that even if party’s right to appoint its nominee in Arbitral Tribunal is forfeited because it failed to exercise its right.....
Tags : Bombay High Court, Arbitral Tribunal, Arbitration
Tel. HC: Arbitration Under Section 42 of SEZ Act Would Override Contractual Arbitration Clause(27.02.2023)
Telangana High Court has held that arbitration under Section 42 of the Special Economic Zones (SEZ) Act, 2005 would override a contractual arbitration.....
Tags : Telangana High Court, Special Economic Zones, Arbitration
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
Supreme Court Refuses to Apply 'Group Of Companies' to Implead Foreign Company in Arbitration(03.07.2019)
Supreme Court has declined to invoke the group of companies doctrine to implead a foreign company in an application for appointment of arbitrator for .....
Tags : Supreme Court, Arbitration
Bombay HC: Arbitral Tribunal Cannot Apply Public Law Principles(21.06.2021)
Bombay High Court while setting aside the arbitration award against the BCCI over the termination of Deccan Chargers from IPL observed that an Arbitra.....
Tags : Bombay HC, Arbitral Tribunal
SC: Arbitration Agreement in Unstamped Contract Which is Exigible to Stamp Duty Not Enforceable(25.04.2023)
Supreme Court Constitution Bench has held that instrument which is exigible to stamp duty may contain arbitration clause and which is not stamped can’.....
Tags : Supreme Court, Constitution Bench, Arbitration Agreement, Unstamped Contract
SC: 2015 Arbitration Amendment Not Applicable If Arbitration Notice was Issued Prior to Amendment(11.05.2023)
Supreme Court has held that in cases where notice invoking arbitration is issued prior to 2015 Amendment Act and application under Section 11 for appo.....
Tags : Supreme Court, Arbitration, Notice, Amendment
SC: Arbitral Award Suffers from Patent Illegality if Illegality is Apparent on the Face of it(11.05.2023)
Supreme Court has held that an arbitral award could be said to be suffering from “patent illegality” only if it is an illegality apparent on the face .....
Tags : Supreme Court, Award, Illegality, Arbitration
Calcutta HC: Arbitral Award Holder’s Claim Would Extinguish on Approval of Resolution Plan(10.05.2021)
Calcutta High Court has stated that an arbitral award-holder's claim would stand extinguished upon the approval of a Resolution Plan for the award-deb.....
Tags : Calcutta High Court, Arbitral Award Holder’s Claim
SC: Existence of Arbitration Clause Does Not Debar Court from Entertaining Writ Petition(14.05.2021)
Supreme Court has observed that the existence of an arbitration clause does not debar the court from entertaining a writ petition in a contractual mat.....
Tags : Supreme Court, Existence of Arbitration Clause
Delhi HC: Can’t Resort to S. 34(4) of A&C Act for Considering New Material Evidence(28.03.2023)
Delhi High Court has held that recourse to Section 34(4) of Arbitration and Conciliation (A&C) Act cannot be taken to permit the arbitral tribunal to .....
Tags : Delhi High Court, Arbitration, Material Evidence
Del. HC: Updation Application to Change Amount of Counter Claim is an Amendment Application(29.03.2023)
Delhi High Court has held that where a party has filed an application seeking to update its counter claims before Arbitral Tribunal, the said applicat.....
Tags : Delhi High Court, Updation Application, Amendment, Arbitral Tribunal
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
SC Disapproves Practice of Filing Applications in Disposed Of SLPs to Side-Step Arbitration Process(21.04.2023)
Supreme Court while expressing disapproval of practice of filing applications in disposed of SLPs in order to side-step the arbitration process, has o.....
Tags : Supreme Court, Applications, SLPs, Arbitration Process
LCIA Rules Against Djibouti’s Port Company in Dispute with DP World(13.07.2021)
London Court of International Arbitration (LCIA) has ruled against Djibouti’s port company, Port de Djibouti S.A. (PDSA), in its dispute with DP World.....
Tags : London Court of International Arbitration, Djibouti’s Port Company
Bom. HC: Change in Social Policy After Change in Government is Not per se Arbitrary(22.06.2023)
Bombay High Court has held that a change in social policy followed by a change in government is part of the democratic process and a change in impleme.....
Tags : Bombay High Court, Social Policy, Government, Arbitrary
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
Calcutta HC: Choosing Foreign Law Would Not Exclude Application u/s 9 Arbitration Act(05.08.2021)
Calcutta High Court has ruled that choosing foreign law to govern arbitration would not, by itself, exclude the application of Section 9 of the Arbitr.....
Tags : Calcutta High Court, Foreign Law Governing Arbitration
Del. HC: Arbitration Clause in Contract Perishes if the Contract is Novated(07.06.2023)
Delhi High Court has held that if the novated contract does not contain any arbitration clause, the arbitration clause in the original contract would .....
Tags : Delhi High Court, Arbitration Clause, Novation, Contract
Cal. HC: Optional Clause for Arbitration is Not an Arbitration Agreement(12.06.2023)
Calcutta High Court has held that clause which provides for resolution of dispute either by way of litigation or arbitration cannot be held to be a bi.....
Tags : Calcutta High Court, Arbitration Agreement, Optional
Cal HC: Venue Won’t be Seat of Arbitration if Agreement Confers Jurisdiction on a Different Court(12.06.2023)
Calcutta High Court has held that presence of a clause which confers exclusive jurisdiction upon a Court in a place other than the venue of arbitratio.....
Tags : Calcutta High Court, Arbitration, Seat, Venue, Jurisdiction
Del. HC: 2019 Amendment to Section 29A of A&C Act Applied to All Pending Arbitrations(03.07.2023)
Delhi High Court while observing that 2019 Amendment to Section 29A of Arbitration and Conciliation Act is procedural in nature, has held that it shal.....
Tags : Delhi High Court, Arbitrations, Amendment
Cal. HC: Consolidated Claim from Different Purchase Order Containing Arbitration Clause Not Invalid(18.05.2023)
Calcutta High Court has held that arbitration clauses in different purchase orders that are linked to a single main contract can be treated as a conso.....
Tags : Calcutta High Court, Arbitration, Purchase Orders, Main Contract
Del. HC: Arbitral Award Passed After Inordinate/Unexplained Delay is Contrary to Justice(22.05.2023)
Delhi High Court has held that an arbitral award passed after an inordinate, substantial and unexplained delay is contrary to justice and in conflict .....
Tags : Delhi High Court, Arbitral Award, Unexplained Delay, Justice
Kar. HC: Non-Signatory Defendants Cannot Be Exposed to Arbitration under Section 8 of A&C Act(29.05.2023)
Karnataka High Court has ruled that the non-signatory defendants cannot be exposed to arbitration under Section 8 of the Arbitration and Conciliation .....
Tags : Karnataka High Court has, Arbitration and Conciliation Act, Section 8
No Single Arbitration Reference For Disputes Arising Out Of Different Agreements :SC(16.10.2017)
Supreme Court has held that there cannot be a single arbitration reference for disputes arising out of different agreements, even if they are inter-li.....
Tags : Supreme Court, Arbitration
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
All. HC: Ineligibility of Arbitrator U/S 12(5) A&C Act Can't Make Arbitration Clause Itself Invalid(08.08.2023)
Allahabad High Court has observed that merely because the person, who could act as an arbitrator in terms of arbitration clause becomes ineligible to .....
Tags : Allahabad High Court, Arbitration Clause, Invalid, Appointment
Cal. HC to Centre: Probe Fraud Committed by Railways to Obtain Favorable Award(09.08.2023)
Calcutta High Court while unconditionally stayed an arbitral award granted in favour of South Eastern Railways on ground of fraud perpetrated by collu.....
Tags : Calcutta High Court, Arbitral Award, Collusion, Fraud
SC: Court Can’t Modify Award U/S 34 of Arbitration Act(14.08.2023)
Supreme Court while observing that Court’s under Section 34 of the Arbitration and Conciliation Act, 1996 has no power to modify an arbitration award,.....
Tags : Supreme Court, Arbitration, Award, Modify
Calcutta HC: Section 9 Arbitration Act Will Apply to Foreign Arbitration Unless Expressly Excluded(06.08.2021)
Calcutta High Court has held that choosing foreign law to govern an arbitration would not in itself exclude the application of Section 9 of the Arbitr.....
Tags : Calcutta High Court, Foreign Arbitration
All. HC Stays Judgment that Read Down Regulation 40 (?) of U.P Intermediate Education Act(19.07.2023)
Allahabad High Court has stayed operation of May 2023 single judge judgment that read down Regulation 40(?) of Uttar Pradesh Intermediate Education Ac.....
Tags : Allahabad High Court, Intermediate Education Act, Stayed, Arbitrary
Del. HC: Can’t Seek Review of S.11 Petition Order on Subsequent Decision(26.07.2023)
Delhi High Court has held that on the basis of Supreme Court decision in N.N. Global Mercantile (P) Ltd. vs Indo Unique Flame Ltd. (MANU/SC/0445/2023).....
Tags : Delhi High Court, Arbitration, Review
Cal. HC: Award Liable to be Set Aside When Arbitrator Fails to Disclose His Appearance for Claimant(31.07.2023)
Calcutta High Court while observing that Arbitration Act cast a continuous duty on arbitrator to remain neutral, has held that award is liable to be s.....
Tags : Calcutta High Court, Arbitration, Disclosure
Delhi HC: Proof Of Injury Necessary For Awarding Damages For Loss of Profits in Arbitration(23.10.2017)
Delhi High Court has held that it is imperative for the claiming party to submit proof of injury suffered in order to successfully claim damages for l.....
Tags : Delhi High Court, Arbitration
Supreme Court: Arbitration Initiated After Imposition Of Moratorium Under IBC is Non Est in Law(03.11.2017)
Supreme Court has held that arbitration proceedings instituted after the imposition of moratorium under Section 14 of the Insolvency and Bankruptcy Co.....
Tags : Supreme Court, Insolvency, Arbitration
SC: Additional Evidence in Proceedings u/s 34 Arbitration Act Can be Adduced Only in Exceptional Case(24.09.2019)
Supreme Court has observed that proceedings under Section 34 of Arbitration and Conciliation Act will not ordinarily require anything beyond the recor.....
Tags : Supreme Court, Arbitration and Conciliation Act
SC: Contravention of Statute Cannot Be Ground to Set Aside an Arbitral Award(10.09.2021)
Supreme Court has observed that contravention of a statute which is not linked to public policy or public interest cannot be a ground to set aside an .....
Tags : Supreme Court, Ground to Set Aside an Arbitral Award
SC: Bar U/s 9(3) Arbitration Act Not Applicable Before Constitution of Arbitration Tribunal(15.09.2021)
Supreme Court has observed that the bar under Section 9(3) of the Arbitration and Conciliation Act, 1996 operates only when the application under Sect.....
Tags : Supreme Court, Bar U/s 9(3) Arbitration Act
If Agreement Has Exclusive Jurisdiction Clause, Courts Cannot Be Approached: Delhi HC(11.12.2017)
Delhi High Court has dismissed an Application filed under Section 11 of the Arbitration and Conciliation Act, 1996, noting that the agreement specifie.....
Tags : Delhi High Court, Arbitration
SC: Can’t Consider Dissenting Opinion as Award in Case Majority Award is Set Aside(25.08.2023)
Supreme Court has held that a dissenting opinion can’t be treated as an award if majority award is set aside, and observed that when a majority award .....
Tags : Supreme Court, Arbitration, Award, Dissenting Opinion
SC: Arbitration - 2015 Amendment Won't Apply to Section 34 Applications Filed Prior to It(12.11.2021)
Supreme Court has held that the 2015 amendment to Section 34 of the Arbitration and Conciliation Act 1996 will apply only to Section 34 applications t.....
Tags : Supreme Court, Arbitration - 2015 Amendment
Bombay HC: Court Cannot Undertake Independent Assessment of Arbitral Award U/S 37 of A&C Act(04.12.2023)
Bombay HC has held that under Section 37 of Arbitration & Conciliation Act, the challenge must be related to the impugned order passed under Section 3.....
Tags : Bombay HC, Arbitration & Conciliation Act, Section 37, Section 34
Delhi HC: In Absence of Anything Contrary, Venue of Arbitration Will be Seat of Arbitration(03.11.2023)
Delhi High Court has held that in absence of anything contrary in the arbitration agreement, the venue of arbitration would actually be the seat of ar.....
Tags : Delhi High Court, Arbitration, Venue, Seat
SC: For an Arbitration Clause to be Legally Binding it has to be in Consonance with Constitution(07.11.2023)
Supreme Court has held that for arbitration clause to be legally binding it has to be in consonance with “operation of law” which includes the Grundno.....
Tags : Supreme Court, Constitution, Arbitration Clause
Del. HC: Denial of Arb. Agreement in S.21 Notice Doesn’t Entitle Court to Refuse Referral to Arb.(07.11.2023)
Delhi High Court has held that merely because a party denied the existence of an arbitration agreement in reply to Notice under Section 21 of A&C Act,.....
Tags : Delhi High Court, Arbitration, Section 21, Notice
Kerala HC: Where Dispute Not Adjudicated Upon by Authority, Dispute Becomes Arbitrable(08.12.2021)
Kerala High Court has ruled that if a dispute is to be adjudicated upon by an authority other than the Arbitrator as per the agreement between the par.....
Tags : Kerala High Court, Arbitrability of Dispute
SC: 'Group of Companies' Doctrine must be Retained in the Indian Arbitration Jurisprudence(06.12.2023)
Supreme Court has held that the 'group of companies' doctrine must be retained in the Indian arbitration jurisprudence considering its utility in dete.....
Tags : Supreme Court, 'Group of Companies', Arbitration
SC: Arbitration Clauses in Unstamped Agreements are Inadmissible but not Void(13.12.2023)
Supreme Court 7-judge bench while overruling the 5-judge bench judgment in N.N. Global Mercantile Pvt. Ltd. v. M/s. Indo Unique Flame Ltd. (MANU/SC/04.....
Tags : Supreme Court, Arbitration Clauses, Unstamped Agreements
All. HC: MSMED Act Overrides Arbitration and Conciliation Act 1996(13.12.2023)
Allahabad High Court while observing that private agreement can’t obliterate statutory provisions, has held that once statutory mechanism under Sectio.....
Tags : Allahabad High Court, MSMED Act, Arbitration
Ker. HC: S.5 of Limitation Act Not Applicable to Condone Delay in Filing Plea u/s 34 of A&C Act(22.12.2023)
Kerala High Court has held that Section 5 of the Limitation Act has no application to condone delay in filing a petition for setting aside an arbitral.....
Tags : Kerala High Court, Limitation Act, Condone, Delay, Arbitration
Bom. HC: Remedy Under the SARFAESI Act and A&C Act Work in Tandem(27.12.2023)
Bombay High Court while observing that debt owed to financial institutions under SARFAESI is arbitrable, has held that remedy under the SARFAESI Act i.....
Tags : Bombay High Court, SARFAESI, Arbitration
Del. HC: Court Can’t Set Aside Majority Opinion of the Arbitral Award(02.01.2024)
Delhi High Court has held that a party can’t file a petition u/s 34 of A&C Act for setting aside a majority or a dissenting opinion, as in the event C.....
Tags : Delhi High Court, Arbitral Award, Majority Opinion
SC: Modifying an Award u/s 34 and 37 Impermissible under the Arbitration and Conciliation Act, 1996(08.01.2024)
Supreme Court has held that interference with an order u/s 37 Arbitration and Conciliation Act, 1996 can’t travel beyond restrictions laid down u/s 34.....
Tags : Supreme Court, Arbitration and Conciliation, Independent Assessment
SC: Arbitral Award Can't be Challenged on Ground That Arbitrator Has Failed to Appreciate Facts(19.01.2022)
Supreme Court has reiterated that the Appellate Court exercising power under Section 30 and 33 of the Arbitration Act, 1940 ought not to reassess or r.....
Tags : Supreme Court, Arbitral Award
Bom HC: Arb. Clause Can’t be Invoked By Individuals/Minorities Of Housing Society In Dev. Agreement(09.02.2024)
Bombay High Court has held that individual/minority members of society cannot invoke arbitration clauses in development agreements against developer b.....
Tags : Bombay High Court, Housing Society, Development Agreement, Arbitration Clauses
Arbitration Amendment Act, SC Says: New S. 36 Apply Even To pending S. 34 Applications(16.03.2018)
SC has clarified that since execution of a decree pertains to the realm of procedure, and that there is no substantive vested right in a judgment debt.....
Tags : Supreme Court, Arbitration
SC: Arbitration Can be Set Aside Only if Award Against Public Policy(14.01.2022)
Supreme Court has stated that an arbitration award under the Arbitration and Conciliation Act, 1996 can be set aside only if it is found to be contrar.....
Tags : Supreme Court, Setting Aside of Arbitral Award
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
Delhi High Court: Contractual Clauses and Party’s Conduct Infer Seat of Arbitration(20.02.2024)
Delhi High Court has held that determination of seat of arbitration should be done on the basis of the clauses of agreement and the conduct of parties.....
Tags : Delhi High Court, Seat of Arbitration, Contractual Clauses
Del. HC: Copy of Arbitration Award Must Be Given Only to The Parties And Not Their Agents/Advocates(20.02.2024)
Delhi High Court has held that the term party under the Arbitration and Conciliation Act refers only to the parties themselves and not their advocates.....
Tags : Delhi High Court, Arbitration and Conciliation Act, Arbitration Award
CBDT Announces Aug 31 as Last Date for Clearing Pending ITRs, Refunds(09.05.2016)
Central Board of Direct Taxes (CBDT) has declared August 31 as deadline for taxpayers whose ITRs for six assessment years between 2009-10 and 2014-15 .....
Tags : Central Board of Direct Taxes , ITRs
Madhya Pradesh HC: Delegation of Work Shall not Lead to Arbitrary Reduction of Contract Wages(22.01.2024)
Madhya Pradesh High Court has held that contract wages of employees cannot be reduced arbitrarily and illegally in case of delegation of work.
Tags : Madhya Pradesh High Court, Contract Wages, Arbitrary Reduction
Calcutta High Court: Intention to Arbitrate Must be Clearly Stated by Parties Within Agreement(23.01.2024)
Calcutta High Court has held that parties to an arbitration agreement should clearly state their intentions to arbitrate and should abstain from using.....
Tags : Calcutta High Court, Intention to Arbitrate, Agreement
Delhi HC: Party Can’t Challenge Arbitral Award After Receiving Payment of Decided Amount(29.01.2024)
Delhi High Court has held that a party that has received payment in terms of an arbitral award cannot challenge the award with respect to the disallow.....
Tags : Delhi High Court, Arbitral Award, Disallowed Claims
Gauhati HC Dismisses Appeal Against Order of Trial Court to Condone Delay in Arbitration Appeal(09.02.2022)
Gauhati High Court has dismissed an appeal filed by the Union of India against an order of the trial Court refusing to condone the delay in filing an .....
Tags : Gauhati High Court, Condone Delay in Arbitration Appeal
Kar. HC: Parties Can’t be Forced to Arbitration Proceed. if Not Signatory to Joint Venture Agreement(29.03.2024)
Karnataka High Court has held that if the parties are not signatories to the Joint Venture Agreement then the Court cannot direct them to be parties t.....
Tags : Karnataka High Court, Arbitration Proceedings, Joint Venture Agreement
Cal HC: Agreement’s Certified Copy Attested by Notary Enough to Meet Condition of S. 8(2) of A&C Act(04.04.2024)
Calcutta High Court has held that in order to entertain an application under Section 8(2) of the Arbitration and Conciliation Act, 1996 it would be su.....
Tags : Calcutta High Court, Certified Copy, Original Arbitration Agreement, Notary
All. HC: Arbitrator to Decide Whether Claims Prior to Work Order are Covered by Arb. Clause or Not(15.04.2024)
Allahabad High Court has held that it is upon the arbitrator to decide whether claims between the parties prior to the work order in question can be c.....
Tags : Allahabad High Court, Section 11 A&C Act, Arbitration Clause
Allahabad HC: In Execution Proceedings, Challenge Cannot be Made to Arbitral Award u/s 47 of CPC(18.04.2024)
All. HC has held that in execution proceedings under Section 36 of Arbitration and Conciliation Act, 1996, questions to be decided are limited to matt.....
Tags : Allahabad High Court, Execution Proceedings, Arbitral Award, Section 47
Cal. HC: To Prevent Arbitral Awards from Becoming Meaningless They Should be Made Real(19.04.2024)
Calcutta High Court while hearing an application under Section 9 of the Arbitration and Conciliation Act, 1996, has held that serious attempts must be.....
Tags : Calcutta High Court, S.9 of A&C Act, Arbitral Awards