Arbitration
Time From Filing Section 34 Petition To 2015 Amendment Excluded From Limitation Period For Enforcing Arbitral Awards: Delhi High Court
The Delhi High Court bench of Justice Jasmeet Singh has held the time period starting from the filing of the petition under Section 34 of the Arbitration Act till the amendment to the Arbitration Act in 2015, stands excluded from the counting of the limitation period for the enforcement of the arbitral award. It held that the period from the filing of the Section 34 application until...
Callous Attitude Of Arbitrator: Himachal Pradesh High Court Criticizes Arbitrator For Not Completing Arbitral Proceedings Within Prescribed Time
The Himachal Pradesh High Court bench of Justice Bipin Chander Negi onus is upon the arbitrator to perform the task entrusted to them within the time schedule prescribed in Section 29A of the Arbitration and Conciliation Act, 1996. The bench noted that criticized an arbitrator appointed by Central Government under the National Highways Act for his callous attitude. The court noted...
Government of Jammu and Kashmir Mandates Strict Adherence To Arbitration Time Limits To Prevent Financial Losses
The Department of Law, Justice, and Parliamentary Affairs of the Government of Jammu and Kashmir has issued a circular and underscored the critical importance of adhering strictly to time limits in arbitration proceedings. The circular observed shortcomings where arbitration cases have not been handled promptly which led to serious repercussions. Often, it noted that references...
Arbitration Cases Half Yearly Digest: January To June 2024
Supreme Court High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A(4) Arbitration Act : Supreme Court Case Title: CHIEF ENGINEER (NH) PWD (ROADS) VERSUS M/S BSC & C and C JV Citation : 2024 LiveLaw (SC) 425 The Supreme Court held that a High Court which does not have original civil jurisdiction does not have the power...
Non-Response To Demands Invalidates Invocation of Mutual Negotiations Clause in Arbitration Agreements: Jammu & Kashmir High Court
The Jammu and Kashmir High Court bench of Chief Justice N. Kotiswar Singh held that if a party didn't respond to the demands and requests made by the other party, it can't invoke the part of the arbitration clause that such disputes and differences shall be an endeavoured to be resolved by mutual negotiations as a condition precedent for invoking the...
MSMED Act Prevail Over Arbitration Act, Seller Can Approach Facilitation Council Even In Presence Of Arbitration Act: Telangana High Court
The Telangana High Court bench of Justice B. Vijaysen Reddy held that the provisions of the MSMED Act, 2006 will prevail over the Arbitration and Conciliation Act, 1996. The bench held that even if parties have an arbitration agreement, if the seller falls under the purview of the MSMED, it has the right to seek resolution through the designated authority for...
Arbitrator Involved In Another Dispute Between Same Parties Is Not Automatically Disqualified: Karnataka High Court
The Karnataka High Court bench of Justice R. Devdas has held that prior involvement as an arbitrator in a dispute or multiple appointments by one of the parties or its affiliate does not automatically disqualify an individual from serving as an arbitrator in subsequent cases. The crucial factor lies in the arbitrator's ability to demonstrate independence and impartiality in...
Arbitration Cases Monthly Digest: June 2024
Supreme Court High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A(4) Arbitration Act : Supreme Court Case Title: CHIEF ENGINEER (NH) PWD (ROADS) VERSUS M/S BSC & C and C JV Citation : 2024 LiveLaw (SC) 425 The Supreme Court held that a High Court which does not have original civil jurisdiction does not have the power...
Section 11 Of Arbitration Act Mandates Examination Of Written, Signed Arbitration Clauses As Per Section 7 Requirements: Jharkhand High Court
The Jharkhand High Court bench of Acting Chief Justice Shree Chandrashekhar has held that in Section 11(6) of the Arbitration and Conciliation Act, 1996, the Court is required to see whether there is an arbitration clause which as per section 7 should be a document in writing signed by the parties. The bench held where the existence of the arbitration agreement is undisputed by...
Chief Justice Or Their Designate Cannot Adjudicate Merits Of Dispute Under Section 11 Of Arbitration Act: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that it is completely beyond the domain of the Chief Justice and/or his designate, sitting in jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996, to adjudicate even prima facie on the merits of an arguable issue involved in the matter, which would fall categorically within the domain...
Take Steps To Avoid Delays In Filing Arbitration Appeals: Allahabad High Court To State's Principal Law Secretary
The Allahabad High Court has directed the Principal Secretary (Law), Uttar Pradesh to take steps to avoid delays in filing arbitration appeals beyond statutory limitations by the State Government and submit a report on the actions taken in this regard within 6 months.While deciding an appeal under Section 37 of the Arbitration & Conciliation Act, 1996 filed by the Government of Uttar...