Arbitration
Court Can Appoint An Arbitrator During The Pendency Of An Appeal Against An Award, Set Aside On Reasons Other Than Merit : Bombay High Court
The High Court of Bombay has held that when an award is set aside for other reasons and not on merit, the parties are well within their rights to initiate fresh arbitration in respect of the same claims and pendency of an appeal against such an order is not a ground to refuse the appointment. The Single Bench of Justice A.K. Menon has further held that an objection as to the claims...
Tax Invoices Containing Reference To Arbitration, Does Not Constitute An Arbitration Agreement: Bombay High Court
The Bombay High Court has ruled that acceptance of tax invoices by the opposite party, containing a reference to arbitration, does not lead to the presumption that an arbitration agreement exists between the parties. The Single Bench of Justice G.S. Kulkarni held that unilateral invoices cannot bring about an arbitration agreement between the parties. The respondent S...
Time Spent In Mediation Would Be Excluded For The Purpose Of Calculating The Period Of Limitation For Invoking Arbitration: Delhi HC
The High Court of Delhi has observed that when the agreement between the parties provides for mandatory mediation, the time spent in the mediation process shall be excluded from the period of limitation. The Single Bench of Justice C. Hari Shankar held that the notice invoking arbitration as well as the substantive claims of a party would not become time-barred if the parties...
Claims Raised Before The Arbitral Tribunal Cannot Be Rejected Even If Not Mentioned In The Notice Issued Under Section 21 Of The A&C Act: Delhi High Court
The Delhi High Court has ruled that it is not necessary that a notice issued under Section 21 of the Arbitration and Conciliation Act, 1996 (A&C Act) should quantify the amounts that are claimed by the claimant before the Arbitral Tribunal. The Single Bench of Justice Vibhu Bakhru held that a notice under Section 21 is required to set out the disputes between the parties,...
There Cannot Be A Deemed Waiver Of Section 12(5) Of The A&C Act By Issuing A Letter To The Opposite Party: Gujarat High Court
The Gujarat High Court has ruled that unless the embargo placed under Section 12(5) of the Arbitration and Conciliation Act, 1996 (A&C Act) is waived by the parties, the provisions of Section 12(5) would continue to be attracted. The Single Bench of Chief Justice Aravind Kumar held that there cannot be a deemed waiver of Section 12(5) by merely issuing a letter...
Court Does Not Have Adjudicatory Powers Under Section 27 Of The A&C Act: Bombay High Court
The Bombay High Court has ruled that the Court does not have the jurisdiction under Section 27 of the Arbitration and Conciliation Act, 1996 (A&C Act) to consider the legality of the reasons set out by the arbitral tribunal in its order permitting the examination of a witness. The Single Bench of Justice G.S. Kulkarni ruled that once the arbitral tribunal had formed a prima...
'Requisition Of Record From Arbitral Tribunal Not Akin To Remanding Matter': Madhya Pradesh High Court
The High Court of Madhya Pradesh, Gwalior Bench recently held that a court can direct requisition of record from arbitral tribunal and that the same would not be akin to remanding the matter to the tribunal but to ascertain the exact nature of dispute through record of case. Justice Anand Pathak was essentially dealing with a writ petition moved by the Petitioner who was aggrieved...
Writ Petitions On The Ground Of 'Exceptional Circumstances' Against Order Passed By The Arbitral Tribunal Not Maintainable: Bombay High Court
The Bombay High Court has ruled that remedy against orders passed under Section 16 of the Arbitration and Conciliation Act, 1996 lies elsewhere and the petitioners, aggrieved by the orders passed under Section 16, cannot file Writ Petitions under Article 226 or Article 227 of the Constitution of India on the ground of 'exceptional circumstances'. The Bench, consisting of Justices...
Section 10 Of CPC Does Not Lay An Embargo In Proceeding With Arbitration During Pendency Of Insolvency Proceedings: Delhi High Court
The Delhi High Court has ruled that Section 10 of the Code of Civil Procedure, 1908 does not lay an embargo in proceeding with arbitral proceedings during the pendency of insolvency proceedings under the Provincial Insolvency Act, 1920. The Single Bench of Justice Sanjeev Sachdeva held that the issues involved in the insolvency proceedings and the issue involved in the...
Section 37 Of The Arbitration & Conciliation Act 1996 R/W Section 13 Of The Commercial Courts Act 2015 Excludes The Applicability Of Clause 15 Of Letters Patent: Calcutta HC
The Calcutta High Court has observed that S.37 of the Arbitration & Conciliation Act (Arbitration Act) and S.13 of the Commercial Courts act exclude the applicability of Clause 15 of Letters Patent. The Division Bench of Justice I.P. Mukerji and Justice Aniruddha Roy relied on the decision of the Apex Court in Union of India v. Simplex Infrastructures, (2017) 14 SCC 225, to hold...
Petition Under Article 227, Against The Interim Orders Of Arbitral Tribunal, Based On Violation Of Legal Provisions Can't Be Allowed: Delhi High Court
The Delhi High Court has ruled that a petition under Article 227 of the Constitution cannot be allowed against an order passed by the Arbitral Tribunal rejecting a plea raised under Section 16(3) of the Arbitration and Conciliation Act, 1996 that the Tribunal had exceeded its jurisdiction, on the ground that the Tribunal had violated the applicable legal provisions. The Single Bench...
Dispute Involving Interpretation Of Policy Guidelines Can Also Be Referred To Arbitrator: Gujarat High Court
The Gujarat High Court has ruled that petition for referring the matter to arbitration cannot be disallowed on the ground that the dispute involves interpretation of policy guidelines. The Single Bench of Chief Justice Aravind Kumar held that whether there is an arbitrable dispute or not and whether the Arbitral Tribunal has jurisdiction to decide the dispute is an issue which can...