Court Under Section 11(6) Must Determine Existence And Validity Of Arbitration Agreement: Telangana High Court

The Telangana High Court bench of ChiefJustice Alok Aradhe has dismissed an application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator noting that the party failed to establish prima facie evidence of the existence of valid arbitration agreement. The bench held that the court while exercising the jurisdiction under...

Arbitral Tribunal With Serving/Retired Railway Officers Violates Section 12(5) Of Arbitration Act: Gauhati High Court

The Gauhati High Court bench of Justice Michael Zothankhuma has held that Railways cannot constitute an Arbitral Tribunal consisting of serving/retired Railway Officers, as it was not in consonance with Section 12(5) and 7th Schedule of the Arbitration and Conciliation Act, 1996. Section 12(5) deals with the grounds of ineligibility of an individual to act as an arbitrator....

Arbitration Weekly Roundup: June 10 - June 16, 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...

IIAC Releases Regulations For Conduct of Arbitration Involving Micro and Small Enterprises

The India International Arbitration Centre (IIAC) has notified the India International Arbitration Centre (Conduct of Micro and Small Enterprises Arbitration) Regulations 2024 ('The Regulations') on June 7, 2024 in the official gazette. These regulations recognise the necessity for expedited and more efficient dispute resolution for Micro and Small Enterprises, aligning with...

Proposal To Furnish Bank Guarantee, Not Enough For Stay Of Award, Should Establish Prima Facie Merits: Gujarat High Court

The Gujarat High Court bench of Chief Justice Mrs. Justice Sunita Agarwal and Justice Aniruddha P. Mayee has held that mere filing of an application under Section 34 of the Arbitration and Conciliation Act, 1996 does not render the award unenforceable. Further, the bench held merely requesting a stay on executing the decree upon furnishing a bank guarantee, without substantively...

No Bar On Invoking Arbitration Despite Alternative Remedy Under RERA Act: Gauhati High Court

The Gauhati High Court bench of Justice Michael Zothankhuma has held that arbitration can be invoked to settle a real estate dispute, despite the existence of an alternative legal remedy under the Real Estate (Regulation and Development) Act (RERA Act). The High Court held that there was there is no inherent conflict or repugnancy between the RERA Act and the Arbitration Act. It held...

High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A(4) Arbitration Act : Supreme Court

The Supreme Court held that a High Court which does not have original civil jurisdiction does not have the power to extend the time limit for passing of the arbitral award as per Section 29A of the Arbitration & Conciliation Act 1996 (“Act”).The bench comprising Justices Abhay S Oka and Ujjal Bhuyan clarified that as per the mandate of Section 29A (4) of the Act, the power to extend...

Gujrat High Court Sets Aside Order Of District Judge Which Interfered With Arbitration Award

The Gujarat High Court bench of Chief Justice Justice Sunita Agarwal and Justice Aniruddha P. Mayee has held that arbitral awards providing reasoned interpretations of contractual terms are to be treated with substantial deference under Section 34 of the Arbitration and Conciliation Act, 1996. It held that reappreciation of evidence is not permissible under...

[Arbitration Act] Scope Of Inquiry In Section 9 Petition Is Limited, Interpretation Of Contract Would Be Within Domain Of Arbitral Tribunal: Delhi High Court

The Delhi High Court bench of Justice Neena Bansal Krishna has held that under a petition under Section 9 of the Arbitration and Conciliation Act, 1996, the scope of inquiry is very limited to grant interim relief. The bench held that issues of fact or law are not to be determined finally at the Section 9 stage as they fall within the jurisdiction of the arbitral Tribunal. It held...

Arbitration Clause Valid But Unilateral Appointment Part Is Invalid: Kerala High Court

The Kerala High Court bench of Justice G. Girish has held that arbitration clauses with provisions for the unilateral appointment of an arbitrator cannot be entirely rejected due to this defect. It held that the clauses are to be considered valid arbitration clauses except for those portions which confer the authority upon one party to unilaterally...

Clause Of 'Amicable Resolution' Cannot Prevent Invocation Of Arbitration After Sincere Efforts At Settlement: Delhi High Court

The Delhi High Court bench of Justice Dinesh Kumar Sharma has held that the clause of 'amicable resolution' in the arbitration agreement cannot be read as preventing the parties from invoking the arbitration if the parties have sincerely tried to resolve the disputes amicably. It held that literal compliance with such provisions may...

Section 31 Of Arbitration Act, 1940 Does Not Bar Court From Entertaining Applications Pre-Filing Of Award: Madhya Pradesh High Court

The Madhya Pradesh High Court bench of Justice Vishal Dhagat has held that there is no bar created by Section 31 of the Arbitration Act, 1940 that the court cannot entertain an application in respect of award until it has been filed. Section 31 of the Arbitration Act, of 1940, specifies the court jurisdiction for arbitration matters. It states that an award may be filed in any...