Arbitration
Arbitral Award Cannot Be Set Aside Merely On The Ground Of Erroneous Application Of Law Or Misappreciation Of Evidence : Supreme Court
The Supreme Court, on Wednesday (30th March), held that apart from the grounds mentioned in Section 34(2)(b) of the Arbitration and Conciliation Act, 2013, an arbitral award can be set aside only when it is vitiated by patent illegality, and not on ground of erroneous application of law or by misappreciation of evidence. A Bench comprising Justices Ajay Rastogi and Sanjiv Khanna...
Absence Of Arbitration Agreement Make Article 137 Of Limitation Act Inapplicable To Arbitration Under Bihar PWCD Arbitration Tribunal Act, 2008: SC
The Supreme Court has observed that A. 137 of the Limitation Act, 1963 would have no application in arbitration proceedings commenced under Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 (the 2008 Act) when there is no arbitration agreement between the parties. The Division Bench of Justice Abhay S. Oka and Justice Ajay Rastogi also observed that in absence of...
Filing A Complaint With An Unrelated Government Office Does Not Constitute A Notice Under Section 21 Of The A&C Act, 1996: Delhi High Court
The Delhi High Court has ruled that merely filing a complaint with an unrelated government office expressing one's grievance does not constitute a notice under Section 21 of the Arbitration and Conciliation Act, 1996. The Single Bench of Justice Vibhu Bakhru held that though it is a trite law that all contentious disputes are to be addressed by the Arbitration Tribunal, however in...
Supreme Court Disposes Amazon-Future Case As Parties Agree To Resume Singapore Arbitration Proceedings
The Supreme Court on Wednesday recorded the agreement between Amazon and Future Group to approach the Singapore Arbitration Tribunal to resume the arbitration proceedings on an understanding that the Tribunal will on priority hear Future Retail Ltd's application seeking termination of the arbitration proceedings instituted by Amazon against the FRL's merger with Reliance Group.The Court...
1994 Arbitration Reference, 2021 Award, Becomes Rule Of The Court Under Arbitration Act, 1940 In 2022
One of the long pending Arbitration proceedings have come to a logical conclusion by making the arbitral award 'the rule of the Court' under the old Arbitration Act, 1940. The Delhi High Court had made the arbitration reference way back in 1994, but the arbitral proceedings took an inordinately long time to complete with the constitution of the Arbitral Tribunal being changed a number...
Rules Of Arbitral Institution Do Not Determine The Place Of Arbitration: Delhi High Court
The Single Bench of Justice Vibhu Bakhru of the Delhi High Court has held that the rules of arbitral institution would not determine the place of the arbitration and only the Courts at the place of arbitration proceedings will have the jurisdiction to entertain an application for the appointment of an arbitrator. Facts The parties entered into a Concession Agreement for...
Trademark Disputes That Purely Arise Out Of Contractual Rights And Obligations Are Arbitrable: Delhi HC
The High Court of Delhi has observed that all the disputes that arise out of the Trade Marks Agreement are not outside the scope of arbitration. The Single Bench of Justice Vibhu Bakhru clarified that disputes that purely deal with the interpretation of the terms of a trademark agreement and are not related to the grant or registration of the trademarks can be...
No Distinction Between Decree Or Awards Where Amounts Are In Foreign Currencies For Purposes Of Enforcement Of Arbitral Award: Delhi High Court
The Delhi High Court has observed that for the purposes of enforcement of arbitral award, no distinction can be made between decree or awards where amounts are decreed or awarded in foreign currencies on the basis of the nationality of the disputing parties.Justice Vibhu Bakhru was dealing with a plea filed by a Decree Holder under sec. 36 of the Arbitration and Conciliation Act, 1996 seeking...
Applications For Appointment Of Arbitrator Should Be Decided And Disposed At The Earliest:Supreme Court
The Supreme Court on April 1, 2022 expressed concerns at the time taken by the Telangana High Court to dispose of an arbitration application under Section 11 of the Arbitration and Conciliation Act, 1996 after a period of four years. The bench of Justices MR Shah and BV Nagarathna also observed that arbitration applications for appointment of an Arbitrator are required to be decided...
'As Is Where Is' In A License Agreement Does Not Absolve The Contracting Parties To Make A Minimal Disclosure: Delhi High Court
The Delhi High Court has upheld the award of an Arbitral Tribunal that stipulating the condition of 'as is where is basis' in a License Agreement does not absolve the contracting parties to make a disclosure about the licensed premises, which is otherwise not evident on visual inspection. The Single Bench of Justice Vibhu Bakhru ruled that the Indian Evidence Act, 1872 does not apply...
Performance Security Cannot Be Retained After Acknowledgement Of Due Performance : Delhi High Court
The Delhi High Court has ruled that there is no principle in law whereby a party could be permitted to retain the Performance Security after it had acknowledged due performance of a contract.The Single Bench of Justice Vibhu Bakhru upheld the award of an Arbitral Tribunal directing BSNL to refund the amount recovered by it from invocation of Performance Bank Guarantee, since...
Government Contracts, Arbitration And Clause Barring Grant Of Interest
Recent decision of Supreme Court in the case of Union of India vs Manraj Enterprises[1] rendered by Division Bench has held impliedly that the previous decision of co-ordinate Bench in Union of India vs Pradeep Vinod Constructions[2] is not a good law for not considering the three Judge Bench decision in Union of India vs Bright Power Projects (India) (P) Ltd[3] and also for being...