Arbitration
No Claim Certificate (NCC) Must Be Examined In The Context Of Relevant Documents And The Covering Letter Under Which It Is Issued: Delhi HC
The High Court of Delhi has observed that a No Claim Certificate (NCC) shall be examined along with the covering letter in which it is sent and that mere issuance of the NCC by the Claimant shall not ipso facto entail the extinguishment of all the claims. The Single Bench of Justice Vibhu Bakhru further held that while adjudicating an application under S. 34 of the Arbitration...
Amazon & Future Retail Agree In Supreme Court To Appear Before Singapore Arbitration Tribunal
Amazon and Future Retail Ltd on Monday expressed their agreement before the Supreme Court to appear before the Singapore Arbitration Tribunal. They further expressed their wish to have the arbitration proceedings expedited.The development happened in the special leave petition filed by Amazon challenging the Delhi High Court's order which stayed the arbitration proceedings on a challenge made...
Challenge Against Arbitrator Appointment, Can't Be Under Section 14 Of The A&C Act ; Delhi High Court
The Delhi High Court has ruled that Section 14 of the Arbitration and Conciliation Act, 1996 does not provide a separate remedy to the parties to challenge the appointment of an arbitrator, notwithstanding the provisions under Section 13 of the Act. The Single Bench of Justice Vibhu Bakhru held that a party can challenge the appointment of an arbitrator only according to the procedure...
Execution Of Foreign Arbitral Award, Singapore Being Reciprocating Country , Enforceable: Karnataka High Court
The Karnataka High Court has ruled that an international commercial arbitral award rendered between parties that have no connection with India can be enforced by a Court in India if the property against which the award is sought to be enforced lies within the territorial jurisdiction of the Court. The Bench, consisting of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj,...
Condition Of Pre-Deposit U/S 19 MSME Act Mandatory, Prevails Over Exemption To Govt Under Order XXVII Rule 8A CPC: Allahabad High Court
The Allahabad High Court has held that the requirement of a pre-deposit under Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 ('MSME Act') would prevail over the provisions of Order XXVII Rule 8-A of Code of Civil Procedure and any other law that may allow the Courts' discretion while dealing with the requirement to pre-deposit a disputed amount in an...
Very Sorry State of Affairs: Supreme Court On Pendency Of Execution Proceedings In Arbitration Matters For More Than 20 Years In Executing Courts In UP
The Supreme Court on Friday expressed concerns at the pendency of execution proceedings for executing the award in Arbitration Matters before subordinate courts/executing courts in the State of Uttar Pradesh. The Court observed that if the Award, under the Arbitration Act, is not executed at the earliest, it will frustrate the purpose and object of the Arbitration Act as well as the...
Arbitrators Fixing Their Own Fee Would Amount To Misconduct; PSUs Can't Meet Exorbitant Fee Demand As They Are Answerable To CAG : Attorney General Tells Supreme Court
The Supreme Court on Thursday continued hearing the case in which the issue related to fixation of standards for fees for arbitrators was raised.The bench of Justices DY Chandrachud, Sanjiv Khanna and Surya Kant was considering arbitration petition filed by the Oil and Natural Gas Corporation (ONGC) on the issue related to the mandatory nature of the 'model' fee scale for...
Application Seeking Appointment Of Arbitrator Cannot Be Moved Before A High Court If No Part Of Cause Of Action Arose Within Its Territorial Jurisdiction: Supreme Court
The Supreme Court observed that an application under Section 11(6) of the Arbitration and Conciliation Act for the appointment of an Arbitrator/Arbitral Tribunal cannot be moved in a High Court irrespective of its territorial jurisdiction."It could never have been the intention of Section 11(6) of the A&C Act that arbitration proceedings should be initiated in any High Court in...
Scope Of Discretion To Stay Award U/S 19 MSME Act Wider Than U/S 36(3) Arbitration Act: Calcutta High Court
The Calcutta High Court has recently observed that the discretion conferred upon a Court to stay an award or a decree under Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act) is broader in scope compared to Section 36(3) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) where the discretion is limited to granting stay of an award subject...
Mere Use Of Word 'Arbitration' In Agreement Clause Heading Would Not Infer Existence Of Agreement Between Parties To Resolve Disputes Through Arbitration: Delhi HC
The Delhi High Court has observed that the mere use of word 'Arbitration' in the heading in the Clause of Agreement would not lead to the inference that there exists an agreement between such parties seeking resolution of disputes through arbitration.Justice Mukta Gupta referred to a 2014 decision of the Delhi High Court in Avant Garde Clean Room & Engg. Solutions Pvt. Ltd. v. Ind...
Can Arbitrators Fix Their Fee Without Parties' Consent? Is 4th Schedule The Standard Fee Scale? Supreme Court Considers
The Supreme Court on Thursday considered issues relating to the fixation of the arbitrators fees, especially in arbitrations involving Public Sector Undertakings.The bench of Justices DY Chandrachud, Sanjiv Khanna and Surya Kant was considering arbitration petition filed by the Oil and Natural Gas Corporation (ONGC) on the issue related to the mandatory nature of the 'model' fee scale...
Seeking Relief Under Article 226 In Contractual Matters Where There Is Existing Arbitration Clause Is Not An Appropriate Remedy: Supreme Court
The Supreme Court has observed that invoking Article 226 for seeking relief in a contractual matter where there is an existing arbitration clause is not an appropriate remedy and neither can the High Court examine the same.The bench of Justices SK Kaul and MM Sundresh observed the same while considering a civil appeal assailing Gujarat High Court's order dated September 30, 2021.In the...