Arbitration
Order Of Arbitrator Rejecting Application U/S 16 Of The A&C Act Cannot Be Challenged In A Writ Petition: Madhya Pradesh High Court
The High Court of Madhya Pradesh held that an order of the arbitral tribunal rejecting a challenge to its jurisdiction under Section 16 of the A&C Act is not challengeable in a writ petition. The bench of Justice Sushrut Arvind Dharmadhikari held that a party aggrieved by the rejection of its application under Section 16 of the AC& Act has to wait till the passing of...
Reduction Of Interest Is Nothing But Modification Of Original Arbitration Award: Allahabad High Court Quashes Section 34 Order
The Allahabad High Court has held that the District Judge exercising jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996 does not have the power to modify an award. The Court held that though parts of an award can be severed and set aside, provided such severance does not affect the remaining award.“Reduction of interest is nothing but a modification of the...
Delhi High Court Halts PCA Arbitration Over Arbitrator Appointment Breach
The High Court of Delhi has stayed a PCA Arbitration between an African and an Indian Entity due to the constitution of the tribunal in violation of the arbitration agreement. The bench of Justice Anup J. Bhambhani, dealing with a suit seeking anti-arbitration injunction and an application seeking ad-interim injunction, restrained the defendant from proceeding further with the...
Arbitration Weekly Round-Up: 15th January To 21st January 2024
Supreme Court Supreme Court Issues Notice On Plea Challenging Validity Of Section 3G Of National Highways Act Case Title: B.D. Vivek v. Union of India, Writ Petition Civil No. 1364 of 2023 The Supreme Court Bench of Justices B.V. Nagrathna and Ujjal Bhuyan has issued notice on a writ petition challenging the Constitutional Validity of Section 3G of the National Highways...
A Party Cannot Insist On Fulfilment Of Pre-Arbitral Steps After Terminating The Contract: Delhi High Court
The High Court of Delhi has held that a party cannot insist on fulfilment of pre-arbitration conciliation once it has itself terminated the agreement. It held that pre-arbitration conciliation provided in the agreement falls with the termination of the agreement. The bench of Justice Pratibha M. Singh held that once a party has itself proceeded to terminate the agreement...
Limitation Period For Appointment Of A Substitute Arbitrator Is 3 Years From The Date When The Right To Apply For Fresh Appointment Accrues: Delhi High Court
The High Court of Delhi has held that the limitation period for the appointment of the substitute arbitrator is 3 years from the date when the right to apply for such appointment accrues. The bench of Justice Pratibha M. Singh held that since the act does not provide for any explicit period for the appointment of a substitute arbitrator, the limitation shall be governed by the...
Issues Related To Bias Of An Arbitrator And Conduct Of Arbitral Proceedings Cannot Be Determined Under Section 29A Of The A&C Act: Delhi High Court Reiterates
The High Court of Delhi has held that an issue related to the bias of an arbitrator in conducting the arbitral proceedings cannot be determined by a Court while dealing with the application under Section 29A of the A&C Act. The bench of Justice Pratibha M. Singh reiterated that the scope of Court's power under Section 29A is limited to the examination of whether the extension...
Supreme Court Issues Notice On Plea Challenging Validity Of Section 3G Of National Highways Act
The Supreme Court Bench of Justices B.V. Nagrathna and Ujjal Bhuyan has issued notice on a writ petition challenging the Constitutional Validity of Section 3G of the National Highways Act, 1956. The writ petition questions the legality of Section 3G(5) of the Act. This section mandates arbitration to resolve disputes over the compensation amount payable to landowners when their land...
Arbitration and Conciliation Act | Mere Violation Of Substantive Law By Itself Not A Valid Reason To Set Aside Arbitral Award: Jharkhand High Court
The Jharkhand High Court while dismissing an appeal directed challenging the Commercial Court's dismissal of a Section 34 Petition against an arbitrator's award, has held that a mere contravention of substantive law by itself does not constitute a valid ground for setting aside an arbitral award subsequent to the 2015 amendment in the Arbitration and Conciliation Act, 1996 (Act). The...
Arbitration Weekly Round-Up: 8th January-14th January 2024
Delhi High Court Arbitral Tribunal Can Award Damages For Delay Attributable To Employer Even When The Agreement Provides For The Extension Of Time As The Only Remedy To The Contractor: Delhi High Court Case Title: MBL Infrastructure Ltd v. DMRC, OMP(COMM) 311 of 2021. The High Court of Delhi has held that the Arbitral tribunal can award monetary compensation as damages for the...
Pendente Lite And Future Interest Can't Be Included In The 'Aggregate Value Of Claim And Counterclaims' U/S 12 Of Commercial Courts Act: Delhi High Court
ThePendente Lite And Future Interest Can't Be Included In The 'Aggregate Value Of Claim And Counterclaims' U/S 12 Of Commercial Courts Act: Delhi High Court has held that to determine the pecuniary jurisdiction of the Court to deal with a challenge petition under Section 34 of the A&C Act, the value of the pendente lite and future interest cannot be included in the aggregate value...
Arbitral Award Can't Be Challenged On Ground Of Bias Of Arbitrator If No Challenge Was Made During Arbitral Proceedings: Delhi High Court
The High Court of Delhi has held that an arbitral award cannot be challenged on the ground of bias of arbitrator if no challenge to bias was made during the pendency of arbitral proceedings. The bench of Justice Pratibha M. Singh held that a party that has fully participated in the arbitral proceedings without raising any challenge to the jurisdiction of the tribunal on ground...