Arbitration
Delhi High Court Grants Interim Injunction under S.9 of A&C act Restricting Savera Eats' Usage of 'Burger Singh'
The Delhi High Court single bench of Justice Sanjeev Narula granted an ex-parte interim injunction in favor of Tipping Mr Pink Private Limited to prevent Savera Eats from using the “Burger Singh” registered trademark. The bench held that despite the termination of the franchise agreement, Savera Eats continued to operate the franchise outlet under the Petitioner's...
[Arbitration Act] Once Arbitral Tribunal In Place, Court's Consideration Of Section 9 Application Should Be Limited: Allahabad High Court
The Allahabad High Court bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that the question as to the consideration of the grounds, upon which the application under Section 9 of the Arbitration and Conciliation Act, 1996 is based can only arise when it is being considered by the Court on the merits, i.e., when the court is called upon to apply its mind to the...
Misconceived Section 9 & Section 11 Applications; Bar Should Take Necessary Steps, Spare Courts Of 'Unpleasant Duty': Calcutta High Court
The Calcutta High Court single bench of Justice Ravi Krishan Kapur held that it is for members of the Bar to introspect and take necessary steps and spare the Courts of the unpleasant duty. The decision came while reviewing applications presented before the Commercial Court and High Court, which were held to be beyond their jurisdiction. Specifically, the Commercial Court was held...
Attempts By Arbitrator To Reach Settlement Cant Be Termed As 'Conciliation Proceeding' Under Part III: Calcutta High Court
The Calcutta High Court division bench of Justice I. P. Mukerji and Justice Biswaroop Chowdhury held that attempts made by the arbitrator to encourage the parties to reach a settlement cannot be termed as 'conciliation proceeding' under Part-III of the Arbitration and Conciliation Act, 1996. The bench held that conciliation is seen as an independent proceeding or an alternative...
[Arbitration Act] Arbitral Tribunal Cannot Recall Or Modify Its Award Under Section 33: Allahabad High Court
The Allahabad High Court single bench of Justice Shekhar B. Saraf held that the arbitral tribunal cannot recall or modify its award under Section 33 of the Arbitration and Conciliation Act, 1996. It held that none of the provisions of the Arbitration and Conciliation Act, of 1996, give the arbitral tribunal the power to recall and modify its award. It held that any act which the...
[Arbitration Act] Courts Can Only Appoint Arbitrator U/s. 11(6) If Parties Fail To Refer Dispute To Arbitrator Even After Notice: Andhra Pradesh High Court
The Andhra Pradesh High Court bench of Chief Justice Dhiraj Singh Thakur held that to maintain an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, the Applicant is required to show that the Respondents failed to act as required under the arbitration clause and failed to refer the disputes to the Arbitrator even after a notice invoking the arbitration clause...
[Arbitration Act] Public Policy While Considering Enforcement Of Foreign Awards Has To Be Construed Narrowly, In Consonance With International Notions: Delhi High Court
The Delhi High Court bench of Justice Prateek Jalan held that the public policy argument while considering enforcement of foreign awards has to be construed narrowly and in consonance with international notions of public policy. The bench held that all violations of statute or supporting legislation do not satisfy this ground, and violations must be of fundamental...
Inaugural Of The Arbitration Bar Of India
The inaugural ceremony of the Arbitration Bar of India (ABI) marked a significant milestone in the legal landscape of the country. Distinguished personalities from the legal fraternity attended the inaugural, certifying the pertinence of the event in the shaping and development of India's arbitration ecosystem. The occasion was in attendance of the External Affairs Minister Dr....
[Arbitration Act] Issue Of Limitation In Section 11 Petition Should Be Deferred To Arbitral Tribunal, Court May Address Only In Specific Circumstances: Delhi High Court
The Delhi High Court bench of Justice Prateek Jalan held that the court may address the issue of limitation during a petition under Section 11 of the Arbitration and Conciliation Act, 1996, but only under specific circumstances. It held that this occurs when the limitation bar is clearly evident from the petition and accompanying documents. At the preliminary stage, it held that the...
Dispute Resolution Clauses Have To Be Read In Pragmatic Manner And Not In Manner That Frustrates Purpose: Delhi High Court
The Delhi High Court single bench of Justice Dinesh Kumar Sharma held the dispute resolution clauses are considered sacrosanct and cannot be disregarded. Nonetheless, it held the clauses must be read in a pragmatic manner and not in a manner that frustrates the purpose. Brief Facts: The matter pertained to disputes arising from two Master Service Agreements entered into by the...
Court Doesn't Sit In Appeal Over Arbitral Tribunal's Interpretation Of Contract : Supreme Court
The Supreme Court held that it is for the Arbitral Tribunal to adjudicate upon the construction of the terms of a contract and the Court under Section 34, Arbitration and Conciliation Act, 1996 does not sit in appeal over the findings of the arbitratorThe bench of Justices A. S. Oka and Pankaj Mithal was pronouncing its judgment on an appeal by the NHAI against concurrent findings of the...
[Arbitration Act] Court Can't Interfere Under Section 37 When Interpretation Is Plausible One, Section 37 Is Confined To Grounds Under Section 34: Allahabad High Court
The Allahabad High Court division bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that the extent of intervention in appellate proceedings according to Section 37 of the Arbitration and Conciliation Act, 1996 is confined to the grounds permissible under Section 34 for contesting the award. It held that the award need not be invalidated unless it is tainted by an...