Arbitration
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Supreme Court Refers Reliance-Government Dispute Over KG Basin Gas Extraction To Mediation By Justice RP Desai
The Supreme Court on Friday referred the long-running dispute between Reliance Industries Limited and the Government of India concerning the exploration and extraction of natural gas in the Krishna-Godavari (KG) basin to mediation.The bench comprising Chief Justice of India Surya Kant, Justice Joymalya Baghchi and Justice V Mohana requested former Supreme Court judge Justice Ranjana Prakash...
Arbitral Tribunal Cannot Rewrite Contract Or Grant Relief Against Its Terms : Supreme Court
The Supreme Court has reiterated that an arbitral tribunal cannot rewrite the parties' contract or grant relief contrary to its terms. A bench of Justice Sanjay Kumar and Justice Sanjeev Sachdeva heard the dispute that arose from a property development transaction between the parties. The matter was referred to arbitration, where the majority of the arbitral tribunal granted relief in favour...
S.29A Arbitration Act | Tribunal's Mandate Can Be Extended Even After Expiry Of Statutory Period And Passing Of Award : Supreme Court
The Supreme Court has held that an application under Section 29A (5) of the Arbitration and Conciliation Act, 1996, seeking an extension of an arbitral tribunal's mandate is maintainable even after the statutory time limit has expired and an award has been rendered in the meantime. A bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar clarified that if the mandate is extended,...
Supreme Court Asks Law Commission To Recommend Measures For Speedy Execution Of Arbitral Awards
A 24-year delay in the enforcement of an award forced the Court to make the intervention.
Arbitration Clause Does Not Bar Criminal Case : Supreme Court
The Supreme Court has recently held that the existence of an arbitration clause in an agreement does not bar criminal proceedings. It further observed that courts must first examine whether the allegations disclose the essential ingredients of the offence.A bench of Justice Vikram Nath and Justice Sandeep Mehta observed so while hearing an appeal against a Gauhati High Court order refusing...
Non-Signatories Can Be Joined In Arbitration If Dispute Affects Their Rights: Supreme Court
The Supreme Court has held that a non-signatory to an arbitration agreement may be included in arbitration proceedings when the dispute substantially affects their rights, emphasising that the determination of whether someone is a “veritable party” depends on the facts and circumstances of each case. A bench of Justice J.B. Pardiwala and Justice K. Vinod Chandran observed that the...
Arbitration | Governing Law Clause Relevant For Seat Determination Where Agreement Mentions Two Venues : Supreme Court
The Supreme Court on Monday (October 12) held that where an arbitration clause mentions two places for arbitration without clearly designating one as the juridical seat, the governing law clause conferring exclusive jurisdiction on courts at a particular place becomes relevant in determining the parties' intention to identify the seat of an arbitration. “that mere expression “place...
Once Prima Facie Existence Of Arbitration Agreement Shown, Dispute Must Be Referred To Arbitration : Supreme Court
The Supreme Court has held that once the prima facie existence of an arbitration agreement is established before a referral court, it ought to appoint an arbitrator and refer the parties to arbitration, reiterating that judicial scrutiny at the stage of referring disputes to arbitration is limited.A bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana...
S. 17 Arbitration Act | Arbitral Tribunal Does Not Exercise Appellate Jurisdiction Over Section 9 Orders: Supreme Court
The Supreme Court recently held that a High Court hearing an appeal under Section 37 of the Arbitration and Conciliation Act against an interim order passed under Section 9 cannot, even with the consent of the parties, delegate its appellate authority to the Arbitral Tribunal by directing it to hear the challenge to the Section 9 order under its Section 17 jurisdiction to grant interim...
Supreme Court Dismisses Percept's Appeal Against ₹14.49 Crore Arbitral Award In Favour Of Sourav Ganguly
The Supreme Court on Monday refused to entertain an appeal filed by Percept Talent Management challenging a Calcutta High Court judgment which upheld a ₹14.49 crore arbitral award in favour of former Indian cricket captain Sourav Ganguly.A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was dealing with Percept Talent Management Ltd.'s plea against the Calcutta High...
Arbitral Tribunal Cannot Award Pre-Reference Interest If There's Contractual Bar: Supreme Court
The Supreme Court has held that when a contractual clause bars claims for interest arising from delay in making periodical or final payments, it is impermissible for an arbitral tribunal to award the same as a pre-reference interest under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996. A bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe set aside the...