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...

[Arbitration Act] Requirement To Provide Reasons By Arbitrator U/s 31(3) Hinges On Pleadings And Available Documents On Record: Allahabad High Court

The Allahabad High Court bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that the requirement to provide reasons by the arbitrator, in accordance with Section 31(3) of the Act, hinges on the pleadings and available documents on record. It held that if the party neither expressly denied the claim of the other party nor supported its case accurately, then it's evident...

Delhi High Court Grants Interim Protection U/S 9 Of Arbitration And Conciliation Act To SBI Cards To Avoid Any Disruption In Card Services

The Delhi High Court single bench of Justice Prathiba M. Singh granted ex-parte ad-interim injunction to SBI Cards under Section 9 of the Arbitration and Conciliation Act, 1996 to ensure access to and operation of certain licensed software. The bench directed the Respondents from taking any action or steps, which would result in the disruption in the credit card services of...

Unregistered Arbitral Award Can Be Admissible In Evidence Only For Collateral Purposes: Telangana High Court

The Telangana High Court single bench of Justice Laxmi Narayana Alishetty held that the unregistered Award can be admissible in evidence only for the collateral purpose to the extent of establishing the severance of title, nature of possession of various shares, i.e., in other words, to establish the character, nature, identity, and location in respect of the subject matter, but not...