Arbitrator's Findings As Per Evidence And Testimony Is Not Perverse, No Need To Interfere: Delhi High Court

The Delhi High Court bench of Justice Jasmeet Singh has held that findings made by an arbitrator which are consistent with the documentary evidence and admissions made during cross-examination are reasonable and not perverse. The High Court referred to the decision of the Supreme Court in Associate Builders v. DDA (2015) 3 SCC 49 where the Supreme Court held that the grounds...

Arbitration | Dispute Regarding Full & Final Settlement Of Contract Is Arbitrable : Supreme Court

The Supreme Court held that if any dispute arises as to whether a contract has been discharged or not, such a dispute is arbitrable. “Once the contract has been discharged by performance, neither any right to seek performance, nor any obligation to perform remains under it.However, whether there has been a discharge of contract or not is a mixed question of law and fact, and if any...

CPC Provisions Govern Stay Of Execution Proceedings Initiated Under Section 36(1) Of Arbitration Act: Orissa High Court

The Orissa High Court bench of Justice Sanjay Kumar Mishra has held that held that since the Arbitration Act is silent on the aspect of filing an application before the executing court to stay the operation of execution proceedings initiated under Section 36(1) of the Arbitration Act, the provisions of the CPC would be followed for this purpose. The High Court noted that...

Arbitration | Referral Courts Must Not Conduct Intricate Enquiry On Whether Claims Are Time-Barred : Supreme Court Clarifies 'Arif Azim' Judgment

The Supreme Court held that while deciding a Section 11(6) petition for an appointment of an arbitrator, the referral courts must not conduct an intricate evidentiary enquiry into the question of whether the claims raised by the applicant are time-barred and should leave that question for determination by the arbitrator. The Court said that the referral court should limit its enquiry...

Invoking Section 8(1) Of Arbitration And Conciliation Act, 1996, Formal Application Is Required, Averment In Written Statement Not Enough

The Telangana High Court has clarified the procedural requirements for invoking arbitration under Section 8(1) of the Arbitration and Conciliation Act, 1996. The court held that a formal application for referring parties to arbitration must be filed before submitting the first statement on the substance of the dispute, typically the written statement in a suit. The case arose from a...

Courts Must Refrain From Interim Orders Once Arbitral Tribunal Is Constituted Unless Urgency Demands: Delhi High Court

The Delhi High Court bench of Justice C. Hari Shankar has held that once an Arbitral Tribunal is in place, ordinarily a court should refrain from dealing with the matter even for the purposes of passing interlocutory orders unless the order is demonstrably one which cannot await the application of mind by the Arbitral Tribunal. The bench held that: “. If party is able to convince...

Disputes Predominantly Civil But Involving Elements Of Criminality Not Automatically Excluded From Arbitration: Jammu and Kashmir High Court

The Jammu and Kashmir High Court bench of Chief Justice N. Kotiswar Singh has held that a dispute predominantly civil but involving elements of criminality is not automatically excluded from arbitration. The bench noted that unless there is a specific allegation of the parties engaging in an agreement amounting to criminal conspiracy, there should be no blanket prohibition...

Arbitral Award In Violation Of Contractual Bar Is Patently Illegal: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that an arbitral award in violation of a bar contained in the contract is beyond the arbitrator's jurisdiction. The bench held that such an award categorically vitiated under Section 34(2)(a)(iv) of the Arbitration and Conciliation Act, 1996, as well as by patent illegality as envisaged in Sub-section...

Disobedience Of Interim Measures Due To Insolvency Proceedings Is Not Contempt: Delhi High Court

The Delhi High Court bench of Justice Mini Pushkarna has held that disobedience of interim measures granted under Section 9 of the Arbitration and Conciliation Act, 1996 due to insolvency proceedings does not warrant contempt charges. The bench held that if the disobedience results from circumstances beyond the contemnor's control, such as financial constraints or ongoing disputes...

Arbitral Tribunal Can Award Compensation For Breach If Contract Is Incapable Of Specific Performance: Delhi High Court

The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju has held that the arbitral tribunal may exercise its power to award compensation for breach if a Contract has become incapable of specific performance. Further, the bench held that the interpretation of a contract is a matter for an arbitrator to determine. It held that even if such interpretation...

Aggrieved Third Party Beneficiaries Of Domain Names Cannot Challenge Arbitration Award U/s 34 Of Arbitration Act: Delhi High Court

The Delhi High Court single bench of Justice Pratibha M. Singh held that only parties to an arbitration agreement can challenge the award under Section 34 of the Arbitration and Conciliation Act, 1996. It was further held that 3rd-party beneficiaries of domain names in India, who are impacted by the arbitral award, lack the standing to challenge the award. Brief Facts: Jindal...

Invocation of Arbitration Beyond Stipulated Period In Clause Does Not Frustrate Parties' Intent To Arbitrate: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that the invocation of arbitration after the period defined in the arbitration clause doesn't frustrate the intention of the parties to refer disputes to arbitration. The bench held that the outer limit stipulated in the arbitration clause for invocation of arbitration if failed by the claimant, does...