Arbitration
Where Arbitration Seat Is Fixed, Only Such Court Shall Have Exclusive Jurisdiction To Entertain Application Under Section 11 Of Arbitration Act: Delhi High Court
The Delhi High Court bench of Justice Dinesh Kumar Sharma held that where the arbitration seat is fixed, only such court shall have exclusive jurisdiction. It held that the cause of action arose at Noida, the agreement was executed at Noida, and the suit property is also situated at Noida. Therefore, the courts in Noida have jurisdiction over the appointment of an arbitrator.Brief...
Court Fully Empowered To Extend Mandate Even After Expiry Of Arbitral Tribunal's Mandate Under Section 29A(4): Delhi High Court
The Delhi High Court bench of Justice Prathiba M. Singh held the court is fully empowered to extend the mandate, even after the expiry of the mandate of the Arbitral Tribunal under Section 29A(4) of the Arbitration and Conciliation Act, 1996.Brief Facts:The Petitioner and the Respondent into an Agreement titled 'Subcontract for Boiler Works of Unit 1,2,3 of BARH STPP-1 (3x660 MW) Balance Work...
Termination Of Arbitrator's Mandate Doesn't Equate To Termination Of Arbitral Proceedings: Delhi High Court
The Delhi High Court bench of Justice Prathiba M. Singh held that that the termination of an arbitrator's mandate does not equate to the termination of the arbitral proceedings. Instead, it allows for the appointment of a substitute arbitrator to ensure the continuation of the proceedings.Brief Facts:The matter pertained to disputes between the Petitioner and Respondent which arose...
Notice Under Section 21 Of Arbitration Act Is Pre-Requisite For Initiation Of Proceedings Under Multi-State Cooperative Societies Act: Delhi High Court
The Delhi High Court bench of Justice Dinesh Kumar Sharma held that except power conferred to the Central Registrar under Section 84 of the Multi-State Cooperative Societies Act, 2002 for appointment of an Arbitrator, the other provisions of the Arbitration and Conciliation Act, 1996 shall remain in operation. It held that the notice as required under Section 21 of the Arbitration...
S.16(2) Arbitration Act | Allahabad High Court Upholds Termination Of Arbitral Proceedings Against Decathlon For Premises In Lucknow
The Allahabad High Court has upheld the termination of arbitral proceedings under Section 16(2) of the Arbitration and Conciliation Act, 1996 by the Sole Arbitrator on grounds that there was no arbitration agreement between the petitioners, private persons who claimed to be owners of part premises in question, and M/s Decathlon Sports India Private Ltd.Section 16 of the Arbitration...
Arbitration Act | Once Party Aware Of Contents Of Award, Can't Claim Extension Of Limitation By Invoking S.31(5): Allahabad High Court
The Allahabad High Court has held that the requirement of signed copy of award being delivered to parties under Section 31(5) of the Arbitration and Conciliation Act 1996 is not to be construed narrowly. The Court held that once the party seeking extension of limitation by applying Section 31(5) of the Act is aware of the contents of the alleged unsigned award, the limitation cannot...
Issues On Merits, Should Be Raised Before Arbitrator, Not In Section 11 Proceedings ; Delhi High Court
The Delhi High Court bench of Justice Neena Bansal Krishna held that objection regarding the insufficiency of service is considered to be on merits and therefore should be raised before the Arbitrator. Brief Facts: The petitioner, Delhivery Limited, and the Respondent, Far Left Retail Private Limited, entered into a Service Agreement, which later resulted in a dispute. The...
Executing Court to Determine Stamping on Arbitral Award Meets Requirements Under Indian Stamp Act: Madhya Pradesh High Court
The Madhya Pradesh High Court bench of Justice Duppala Venkata Ramana held that the executing court cannot dismiss the objections regarding the adequacy of the arbitral award without determining whether the award meets the stamping requirements outlined in the Indian Stamp Act. Brief Facts: The matter pertained to a dispute initiated by the Respondent-Bank against the Petitioner for...
Arbitration Cases Weekly Round-Up: 13th May - 19th May
Delhi High CourtDelhi High Court Sets Aside Orders Upholding Arbitral Award In Favour of Kalanithi Maran In SpiceJet Dispute, Quashes ₹270 Crore Payment Directive Case Title: Ajay Singh and Anr vs Kal Airways Private Limited & Anr. Case Number: FAO(OS) (COMM) 179/2023 The Delhi High Court division bench of Justice Yashwant Varma and Justice Ravinder Dudeja set aside...
Time Spent From Award Correction And Delivery Of Signed Copy Of Order Should Be Excluded From The Period Of Limitation: Calcutta High Court
The Calcutta High Court bench of Justice Hiranmay Bhattacharyya held that the starting point of limitation for setting aside an award in a case where a request under Section 33 of the Arbitration Act is made is the date of disposal of such request. The bench held that the time spent from the date of disposal of such request till the signed copy of the order is delivered to the...
Filing Information In Sealed Covers For Enforcement Of Arbitral Award Is Contrary To Natural Justice: Calcutta High Court
The Calcutta High Court bench of Justice Ravi Krishan Kapur held that the procedure of filing information in sealed covers for enforcement of arbitral award is contrary to the basic process of justice. It held that the concept of sealed covers also makes serious inroads into the principle of natural justice and fairness. The bench held that: “If the respondent was in the...
Arbitrator's Power Under Section 32(2)(c) Can Be Exercised Only If Continuation Of Proceedings Has Become Unnecessary Or Impossible: Supreme Court
The Supreme Court bench of Justice Abhay S. Oka and Justice Pankaj Mithal held that the power under Section 32(2)(c) of the Arbitration and Conciliation Act, 1996 can be exercised only if, for some reason, the continuation of proceedings has become unnecessary or impossible.The bench held that the mere existence of a reason for terminating the proceedings is not sufficient. The reason must...