Search Results for Tag : arbitral tribunal

Notifications & Circulars

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

Judgments

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

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 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

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

News

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

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

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

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: 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

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: 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

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

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

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

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

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

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

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

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 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

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

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

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

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

SC: It is Up to the Arbitral Tribunal to Adjudicate Upon Construction of Terms of Contract(10.05.2024)

SC has held that it is for Arbitral Tribunal to adjudicate upon construction of terms of a contract. If Arbitral Tribunal takes a particular view on i.....

Tags : Supreme Court, Terms of Contract, Arbitral Tribunal, Section 34 of A&C Act

Del. HC: Mandate of Arbitral Tribunal Can be Extended by Court, Even After its Expiry(24.06.2024)

Delhi High Court has held that the court is fully empowered to extend the mandate, even after the expiry of the mandate of the tribunal under Section .....

Tags : Delhi High Court, Arbitral Tribunal, S. 29A(4) of A&C Act

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

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

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

Del. HC: Arbitral Tribunal Awarding Damages for Loss of Profit is Illegal if it Contradicts Contract(02.08.2024)

Delhi High Court has held that if the Arbitral Tribunal decides to award damages for loss of profit, such decision shall be vitiated by patent illegal.....

Tags : Delhi High Court, Arbitral Tribunal, Contract

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

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

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

Del. HC: Court to Take up Matter Referred to Arbitral Tribunal if Urgency Occurs(19.07.2024)

Delhi HC has held that if party is able to convince the Court that by the time application is taken up by the Arbitral Tribunal, the prejudice that ma.....

Tags : Delhi High Court, Arbitral Tribunal, Prejudice

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

Sikkim HC: If Underlying Contract is Invalid, Arb. Agreement Allows Tribunal to Assume Jurisdiction(15.11.2024)

Sikkim HC has noted that the validity of an arbitration agreement, in the face of the invalidity of the underlying contract, allows the Arbitral Tribu.....

Tags : Sikkim High Court, Arbitration Agreement, Arbitral Tribunal

SC: Arbitral Tribunal or Courts Not Permitted to Grant Interest Upon Interest(08.08.2024)

Supreme Court has held that ordinarily courts are not supposed to grant interest on interest except where it has been specifically provided under the .....

Tags : Supreme Court, Arbitral Tribunal, Interest

SC: Courts and Arbitral Tribunal Have Duty to Examine the Clauses of Contract(27.08.2024)

Supreme Court while upholding Calcutta High Court’s decision to set aside arbitrator’s decision, has observed that it is the duty of every Arbitral Tr.....

Tags : Supreme Court, Arbitral Tribunal, Legal Relationship

Del. HC: Arbitral Tribunal Should Not Insist on Production of Document Classified as ‘Top Secret’(26.09.2024)

Del. HC has stated that if any information is stated to be protected and classified as ‘Top Secret’ under the Official Secrets Act, 1923 by Government.....

Tags : Delhi High Court, Arbitral Tribunal, Top Secret