Arbitration
Arbitration Weekly Roundup: June 24 - June 30, 2024
Delhi High Court Objections Regarding Time-Barred Claims Under Section 11 Petition Should Be Left For Arbitral Tribunal: Delhi High Court Case Title: Capri Global Capital Limited Vs Ms Kiran Case Number: ARB.P. 870/2023 and I.A. 16066/2023 The Delhi High Court bench of Justice Anup Jairam Bhambhani has held for the purposes of proceedings under Section 11 of the Arbitration...
Section 9 IBC Petition Does Not Bar Arbitration Under Section 11(6) Of Arbitration Act: Telangana High Court
The Telangana High Court bench of Chief Justice Alok Aradhe has held that the mere filing of such petition under Section 9 of IBC before NCLT does not bar initiation of proceeding under Section 11(6) of the Arbitration and Conciliation Act, 1996. The bench held that there is no statutory provision which bars a party from initiating the proceeding under Section 11 of the...
Arbitration Weekly Roundup: June 17 - June 23, 2024
Delhi High Court Court Empowered To Extend Mandate Of Arbitral Tribunal Even After Its Expiry: Delhi High Court Case Title: Ss Steel Fabricators and Contractors vs Narsing Decor Case Number: ARB.P. 882/2022 The Delhi High Court bench Justice Manoj Jain has held that the court is fully empowered to extend the mandate, even after the expiry of the mandate of the tribunal...
Limitation Period For Arbitration Starts From Date When Cause Of Action Accrued: Orissa High Court
The Orissa High Court bench of Justice D. Dash has held that the period of limitation for commencing arbitration runs from the date when the cause of arbitration accrued. This means from the date when the claimant first acquired the right to either take action or require arbitration. Therefore, the bench held that the limitation period for starting arbitration matches the...
No Reappreciation Of Evidence Permitted Under Section 34 Of Arbitration Act, Arbitrator's Views Must Be Respected: Orissa High Court
The Orrisa High Court bench of Justice D. Dash held that in a petition under Section 34 of the Arbitration and Conciliation Act, 1996, reappreciating evidence is not allowed in order to replace the arbitrator's view with another. It held that the views expressed by the arbitrator must be considered as possible interpretations based on the factual circumstances. Section 34 deals...
Jurisdiction of High Courts Under Section 37 Of Arbitration Act Is Limited To Arbitrary, Capricious And Perverse Orders: Bombay High Court
The Bombay High Court division bench of Justice A.S. Chandurkar and Justice Rajesh S. Patil held that the appellate jurisdiction under Section 37 of the Arbitration Act is limited to cases where the lower court's order was arbitrary, capricious, perverse, or ignored settled legal principles on interlocutory injunctions. Section 37 of the Arbitration Act allows appeals against...
Arbitration Bar Of India Calls For Withdrawal Of Government's New Arbitration Guidelines On Procurement Contracts
The Arbitration Bar of India (ABI) and the Indian Arbitration Forum (IAF) have expressed apprehensions about the recommendations outlined in recent office memorandum issued by the Ministry of Finance, titled "Guidelines for Arbitration and Mediation in Contracts for Domestic Public Procurement.” The memorandum, issued by the Department of Expenditure, advises against...
Scope of Power Of High Court Under Section 11 Is Extremely Limited, Court Can't Go Into Disputed Questions Of Facts: Telangana High Court
The Telangana High Court bench of Justice K. Lakshman has held that the scope of power of the High Court under Section 11 of the Arbitration and Conciliation Act, 1996 is extremely limited. It held that the court cannot go into disputed questions of facts which are to be decided by the arbitrator. Section 11 of the Arbitration and Conciliation Act, 1996 deals with the...
Section 11 Petition Requires Only Existence of Arbitration Clause, 'No More, No Less': Jharkhand High Court
The Jharkhand High Court bench of Acting Chief Justice Shree Chandrashekhar has held that the court in Section 11 of the Arbitration and Conciliation Act, 1996 is not required to look beyond except existence of the arbitration clause at this stage; 'no more no less'. Section 11 of the Arbitration Act pertains to the appointment of arbitrators. It outlines the procedure for...
Objections Regarding Time-Barred Claims Under Section 11 Petition Should Be Left For Arbitral Tribunal: Delhi High Court
The Delhi High Court bench of Justice Anup Jairam Bhambhani has held for the purposes of proceedings under Section 11 of the Arbitration Act, where the appointment of an arbitrator is sought, the question of whether the claims are time-barred should ideally be left for determination by the arbitral tribunal. Brief Facts: Capri Global Capital Limited (Petitioner) approached the...
Even If Case Doesn't Fall Under Section 36(3) Second Proviso, Court Can Consider Whether To Grant Unconditional Stay: Bombay High Court
The Bombay High Court bench of Justice Firdosh P. Pooniwalla has held that even in a case which does not fall under the second proviso of the Section 36(3), by relying on the first proviso, the Court can consider whether to grant unconditional stay of the award or not. Section 36 of the Arbitration and Conciliation Act, 1996 deals with the enforcement of arbitral awards. It outlines...
Panel Of Arbitrator Proposed By Railways Would Have Certain Relationship With Railways, Violates 7th Schedule: Gauhati High Court
The Gauhati High Court bench of Justice Kalyan Rai Surana has held that the panel of arbitrators of Railways would have a certain amount of relationship with the Railways and therefore, they would be covered by the 7th schedule of the Arbitration and Conciliation Act, 1996. The 7th Schedule of the Arbitration and Conciliation Act, 1996, lists the categories of persons who are...