Section 23(4) of the Arbitration & Conciliation Act, 1996: Mandatory or Directory ?

Speedy adjudicationis at the heart of arbitration. To achieve this objective which is innate to the very concept of arbitration, the legislature, through a series of amendments has introduced provisions which have shifted the paradigm and patently altered the landscape of arbitration in India. This article proposes to discuss whether the timelines contemplated in Section 23(4)...

Arbitration Act | Executing Courts Must Pass Well-Reasoned And Articulated Decisions Specially In Disputes Involving Computation Of Due Amount: Telangana High Court

The Telangana High Court division bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti set aside an order passed by the executing court noting that it was arrived in a cryptic and cavalier manner without providing explanation or reasoning. It held that since the dispute between the parties was about the computation of the amount due and payable under the arbitral award,...

Under Section 33 Of The A&C Act, The Arbitrator Can Interpret Its Original Award And Give An Additional Award: Gujarat High Court

The High Court of Gujarat has held that after an award is delivered by the arbitrator, it can entertain an application under Section 33 of the A&C Act and correct any typographical errors or provide an interpretation on the award by making an additional award.The bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee held that the arbitrator can provide calculations by way of...

Arbitration Clause In Terms & Conditions (T&C) On A Website Is Binding On The Parties If The Digital Agreement Incorporated Hyperlink To Such T&C: Delhi High Court

The High Court of Delhi has held that an arbitration clause contained in the terms and conditions available on the website of a company would get incorporated in the agreement between the parties if the agreement makes an express reference and provide a hyperlink to T&Cs. The bench of Justices Vibhu Bakhru and Ravinder Dudeja held that such an incorporation of arbitration...

Mandate Of The Arbitral Tribunal Can Only Be Extended By The High Court If The Tribunal Was Constituted Pursuant To Directions Under Section 11(6) Of The A&C Act: Meghalaya High Court

The Bench of Justice H.S. Thangkhiew of Meghalaya High Court has held that the mandate of the arbitral tribunal can only be extended by the High Court under Section 29A of the A&C Act if the tribunal was constituted pursuant to the directions issued by the Court under Section 11(6) of the Act.The Court held that though the Court may have directed the nominee arbitrators of the parties...

High Court U/S 11(6) Of A&C Act Can Direct 'Central Registrar' Of Co-Operative Societies To Appoint Arbitrator U/S 84 Multi State Cooperative Societies Act, 2002: Delhi High Court

The High Court of Delhi has held that a petition under Section 11(6) of the A&C Act can be entertained by the High Court to direct the 'Central Registrar' of Co-operative Societies to appoint an arbitrator under Section 84 of Multi State Cooperative Societies Act, 2002 after it fails to act on the request of the party.The Bench of Justice Prathiba M. Singh held that as per Section 84(4),...

Principal Civil Courts Can Extend Or Substitute Mandate Of Arbitrator If Not Originally Appointed By High Court Or Supreme Court: Meghalaya High Court

The Meghalaya High Court single judge bench of Justice H. S. Thangkhiew held that Principal Civil Courts of original jurisdiction have the jurisdiction to extend or substitute the mandate of arbitrators under Section 29A of the A&C Act, 1996, only when the arbitrator was not appointed by the High Court or the Supreme Court. Brief Facts:An Arbitral Tribunal was established on March 13,...

NHAI Arbitration| Landowner Can Seek Appointment Of An Expert Commissioner To Determine True Value Of Property: Kerala High Court

The High Court of Kerala has held that a landowner dissatisfied with property categorization by Competent Authority for Land Acquisition (CALA) can request an Expert Commissioner's appointment to ascertain the property's actual value.The bench of Justice Viju Abraham held that an arbitrator cannot dismiss a landowner's application under Section 26 for an expert commissioner's appointment...

Arbitration Clause In The Original Agreement Would Not Survive When The Agreement Is Superseded By A Settlement Agreement Without An Arbitration Clause: Delhi High Court

The High Court of Delhi has held that an arbitration clause contained in the original agreement would fall if the agreement is superseded by a settlement agreement without an arbitration clause.The bench of Justice Pratibha M. Singh held that if a mutual settlement supersedes the original contract, the original arbitration clause would not survive and if there is unilateral repudiation, then...

Arbitration Act Aims For Speedy Redressal, Delay In Filing Appeal Can Only Be Allowed If Party Makes Very Strong Case For Delay: Allahabad High Court

The Allahabad High Court single bench of Justice Shekhar B Saraf held that the Arbitration Act is a legislation for speedy redressal. Therefore, the delay in filing the appeal can only be allowed if the Appellant makes out a very strong case and explains the reasons for the delay. The High Court held that the Appellant didn't provide specific reasons for the delay or provide any document...

A Contractor Cannot Be Debarred Without Notice, Even If There Is A Provision For Deemed Debarment In The Contract Following Its Termination: Delhi High Court

The High Court of Delhi has held that a contract cannot be debarred or blacklisted without a prior notice or opportunity of hearing even in cases where there is a provision in the contract for deemed debarment in case of termination of the contract. The bench of Justice Prathiba M. Singh held that an order of debarment has a domino effect which of results in the civil death of an...

The Issue Of Limitation Is Also Part And Parcel Of The Arbitrable Point: Karnataka High Court

The bench of Justice C.M. Joshi of Karnataka High Court (Kalaburagi Bench) has held that the issue of limitation of claims is a part and parcel of the arbitrable point which can be decided by the arbitrator. The Court relied upon the judgment of the Apex Court in BSNL v. Nortel Neworks, LL 2021 SC 153 wherein the Apex Court held that issue of limitation is a mixed question of law and...