Parties To Lis Should Not Be Appointed As Receiver Without Consent Of Other Parties: Telangana High Court

The Telangana High Court Bench of Chief Justice Alok Aradhe And Justice J.Sreenivas Rao held that impartiality is an essential attribute of a Receiver. Therefore, normally one of the parties to a lis should not be appointed as Receiver without consent of the other parties unless a very special case is made out. Brief Facts This appeal under Section 37(1)(b) of the Arbitration...

Government Entity Can't Be Given Differential Treatment While Staying Operation Of Arbitral Award : Supreme Court

Recently, the Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the arbitral award amount as a condition precedent for seeking a stay on the enforcement of the award just because the government entity was not a flight risk.The bench comprising Chief Justice DY Chandrachud,Justices JB Pardiwala and Manoj Misra...

Composite Reference May Be Made When Two Contracts Are So Intertwined That Separate Arbitral Proceedings Would Prejudice Parties: Calcutta HC

The Calcutta High Court Bench of Justice Sabyasachi Bhattacharya affirmed that when two or more contracts are so intertwined with each other so as to prejudice the parties should separate arbitrations be held, a composite reference of both the contracts can be made to the Arbitrator. Brief Facts The present application under Section 11 of the Arbitration and Conciliation...

Understanding Arbitration And Conciliation (Amendment) Act, 2015: Whether Retrospective Or Prospective In Nature

The Arbitration and Conciliation (Amendment) Act, 2015 marks a watershed moment in the history of Arbitration in India. The idea of the Amendment germinated in a Law Commission Report submitted in 2014 which recommended an overhaul of the current framework of the Arbitration.[1] The Amendment aimed to reduce judicial interference and ensure the timely resolution of the Arbitration matters...

Ban Imposed U/S 69 Of Partnership Act Has No Application To Arbitral Proceedings: Delhi High Court

The Delhi High Court Bench of Justice Neena Bansal Krishna held that the bar of Section 69 of the Partnership Act does not come within the expression “other proceedings” as used in Section 69(3) of the Partnership Act. Therefore, the ban imposed under Section 69 has no application to the arbitral proceedings.Brief FactsThe Petition under Section 34 of the Arbitration and Conciliation...

Rajasthan High Court Holds Arbitral Award To Be Patently Illegal Due To Concealment Of Material Facts, Violation Of HC Order

The Rajasthan High Court Bench of Justice Pankaj Bhandari and Justice Praveer Bhatnagar has held that it was the bounden duty of the respondent to apprise the Arbitral Tribunal about the dismissal of the writ petition. Non-disclosure of the same, tantamount to grave misconduct on part of the respondent. Additionally, the court observed that the use of the word 'however' does not mean...

Agreement Between Parties Must Be Given Primacy When Deciding Petition U/S 9 Of Arbitration Act: Delhi High Court

The Delhi High Court Bench of Mr. Justice Jasmeet Singh held that the role of the court under section 9 of the Arbitration Act is to preserve the subject matter of the Arbitration till the arbitral tribunal decides the claims on merits. Whether termination of the agreement was valid or not is not be decided by the court at section 9 stage. Primacy to agreement between the parties has to be...

Enforcement Court U/S 48 Of Arbitration Act Can Refuse To Enforce Foreign Award But Cannot Set It Aside: Delhi High Court

The Delhi High Court Bench of Mr. Justice Jasmeet Singh affirmed that the power to set aside a foreign award lies only with the courts at the seat of the arbitration, which exercise primary/supervisory jurisdiction over the matter. Even if grounds under Section 48 of the Arbitration Act can be made out, the Court being the enforcement court and having only secondary jurisdiction over the...

Applicability Of Section 5 Of Limitation Act To Petition U/S 34 Of Arbitration Act Is Excluded: Himachal Pradesh HC

The Himachal Pradesh High Court Bench of Ms. Justice Jyotsna Rewal Dua held that the prescribed period under Section 34(3) of the Arbitration Act is three months and further that given the language used in proviso to Sub-Section 3 of Section 34 of the Act, applicability of Section 5 of Limitation Act to the petition under Section 34 of the Act has been excluded.Brief FactsAward was passed by...

Not Every Legal Mistake Made by Arbitral Tribunal Is Patent Illegality, Scope Limited To Substantive Laws: Delhi High Court

The Delhi High Court Bench of Justice Neena Bansal Krishna has held that patent illegality applies only to violations of substantive law of India, the Arbitration Act, or the rules applicable to the substance of the dispute. It does not apply to every legal mistake made by the arbitral tribunal.Additionally, the court held that the scope of a challenge under Section 34 of the Act, 1996 is...

Not Taking Objection To Non-Compliance Of Provisions Of Arbitration Act Shall Be Deemed Waiver U/S 4 Of Arbitration Act: Delhi Court

The Delhi Commercial Court Bench of Justice SH.RAJ KUMAR TRIPATHI held that a party, who proceeds with the arbitration without stating his objection to non-compliance of any provision of the Arbitration Act, without any undue delay shall be deemed to have waived his right to object as per section 4 of Arbitration Act.Brief FactsPetitioner, a wholly owned Government of India company engaged in...

Section 12 Of Arbitration Act As Amended By 2015 Amendment Applicable To Proceedings Initiated Before 2015 Amendment Act: Delhi Court

The Delhi Commercial Court Bench of Justice MR. SATYABRATA PANDA held that Section 12 of the A&C Act as amended by the 2015 Amendment Act would be applicable to arbitral proceedings initiated prior to coming into force of the 2015 Amendment Act as well.Brief FactsThe petitioner has filed the present petition u/s. 34 of the Arbitration and Conciliation Act, 1996 challenging the arbitral...