After Final Settlement Of Arbitration Award Is Acknowledged, Claims Of Under Influence And Coercion Can't Be Raised: Delhi High Court

The Delhi High Court single bench comprising Justice Prateek Jalan held that once an arbitration award has been acknowledged to be fully and finally settled by both the parties, it cannot be challenged on the basis of one-sided nature of the arbitration agreement. “The learned Arbitrator noted that the claimant had not reserved any other liberty and had not withdrawn the consent...

For Unconditional Stay Of Arbitral Award, Prima Facie Case Of Fraud With Substantial Impact On Outcome On Arbitration Proceedings: Calcutta High Court

The Calcutta High Court single bench of Justice Moushumi Bhattacharya held that for an unconditional stay of an arbitral award on pretext of fraud, there should prima facie case of fraud which should be evident on the face of the record without the necessity of a detailed or through examination. The bench held that fraud must be evident and reprehensible, with a substantial impact on...

Time-Barred Claims Must Not Be Entertained, Doing So Would Perpetuate Injustice Than Serving Justice: Bombay High Court

The Bombay High Court single bench of Justice Bharati Dangre held that claims that are clearly time-barred must not be entertained, as doing so would perpetuate injustice rather than serving justice. The High Court held that even the slightest doubt regarding the timeliness of a claim warrants its referral to arbitration, as interfering in such matters would encroach upon the...

Arbitral Tribunal Cannot Be Faulted For Disallowing Additional Evidence At The Fag End Especially When The Document Was Already In Possession Of The Party: Delhi High Court

The High Court of Delhi has held that an arbitral tribunal cannot be faulted for disallowing additional evidence at the fag end especially when the document was already in possession of the party. The bench of Justice Prateek Jalan also held that arbitral tribunal is not strictly bound by the Indian Evidence Act. Facts The respondent, an importer and distributor of mobile...

Arbitration Act | 'Court' Under Section 29A Takes Character Of Appointing Authority Under Section 11: Calcutta High Court

The Calcutta High Court single bench of Justice Moushumi Bhattacharya held that the word “Court” in Section 29A of the Arbitration and Conciliation Act, 1996 for extension of the mandate of the arbitrator takes the character of the appointing authority under Section 11 of the Arbitration Act. Therefore, it held that can only be the Court which has the power to appoint an arbitrator...

MSMED Act | No Bar In 'filing' Petition Under Section 34 A&C Without Pre-deposit of 75% Award Amount, but Will Not Be 'Entertained' Without Pre-Deposit: Delhi High Court

The Delhi High Court single bench of Justice Jasmeet Singh held that there is no bar in filing a petition under Section 34 of the Arbitration and Conciliation Act, 1996 and the same can be filed without pre deposit of 75% of the awarded amount under the Micro, Small and Medium Enterprises Development Act, 2006. However, the bench held that the petition will not be “entertained”...

Appointment Of Arbitrators From Panel Of Serving/Retired Railway Officials Contravenes Section 12(5) & 7th Schedule: Gauhati High Court

The Gauhati High Court single bench of Justice Michael Zothankhuma held that panel/appointment of the serving/retired officials of the Railways, as members of the Arbitral Tribunal, is hit by Section 12(5) and the 7th Schedule of the Arbitration and Conciliation Act. “When the General Manager, N.F. Railway himself cannot be made an Arbitrator in view of Section 12(5) and the...

Challenge Of Compensation Under National Highways Act, 1956 Fall Under Arbitration And Conciliation Act, 1996: Rajasthan High Court

The Rajasthan High Court single bench of Justice Rekha Borana held that determination of compensation under National Highways Act, 1956 can be challenged before the arbitrator appointment by the Central Government. The bench held that challenges to such determination fall under the Arbitration and Conciliation Act, 1996. Brief Facts: The Appellant approached the Rajasthan...

Settlement Process By Chairman And Managing Director Doesn't Involve Adjudication, Not Final And Binding: Calcutta High Court

The Calcutta High Court division bench of Justice I.P. Mukerji and Justice Biswaroop Chowdhury held that the settlement process undertaken by the Chairman and Managing Director of the company doesn't involve adjudication. It held that the termination of a settlement attempt does not always result in a “final and binding” decision. Relevant Clause of the...

MSME Act | Council Cannot Entertain Application For Maintainability Of Reference At Conciliation Stage: Orissa High Court

The Orissa High Court single bench of Justice KR Mohapatra held that Micro & Small Enterprises Facilitation Council doesn't have power to entertain an application with regard to the maintainability of the reference at the conciliation stage under Micro, Small And Medium Enterprises Development Act, 2006. It held that question of maintainability can only be adjudicated if arbitration...

Sub-lease Agreement Excluded Disputes Related To Public Premise From Arbitration, Making Them Non-Arbitrable: Delhi High Court

The Delhi High Court single bench of Justice Dinesh Kumar Sharma held that arbitral tribunal should generally be the primary authority to determine non-arbitrability, except in cases where claims were manifestly and ex facie non-arbitrable. It held that Sub-lease Agreement excluded the disputes related to public premise from arbitration, therefore, making them...

Once Party Submits Itself To Jurisdiction Of Court And Abandons Section 8 Application, Cannot Seek Reference u/s 8: Delhi High Court

The Delhi High Court single bench of Justice Neena Bansal Krishna held that held that once a defendant submits itself to the jurisdiction of the Court and abandons its application under Section 8, it cannot subsequently seek referral of the disputes to arbitration under Section 8 of the Arbitration Act. Brief Facts: The Defendant No.1 field an application in Delhi High Court...