Arbitration
Dispute Can't Be Referred To Arbitration In Absence Of An Arbitration Agreement Under Article 226 Of Constitution: Patna High Court
The High Court of Patna has held that no dispute can be referred to arbitration by a Court exercising powers under Article 226 of the Indian Constitution when there is no agreement between the parties.The bench of Justice Partha Sarthy held that the remedy of arbitration is the creature of a contract and the same cannot be utilised in absence of a written agreement between the parties as...
Mere Negotiations Will Not Postpone The Cause Of Action For Appointment Of An Arbitrator: Telangana High Court
The High Court of Telangana has held that mere negotiations between the parties related to the dispute would not delay the cause of action for the purpose of limitation for the appointment of the arbitrator.The bench of Justice C.V. Bhaskar Reddy dismissed an application for the appointment of an arbitrator wherein the cause of action accrued more than 7 years before the date of the...
Arbitration Weekly Round-Up: 1st January – 7th January
Supreme Court Arbitral Awards Cannot Be Modified Under Sections 34 & 37 Of Arbitration & Conciliation Act : Supreme Court Case Title: S.V. Samudram v. State of Karnataka Citation: 2024 LiveLaw (SC) 14 The Supreme Court has reiterated the settled position of law that any attempt to “modify an award” while adjudicating Sections 34 and 37 petitions is...
Arbitration Act | Section 9 Order By Subordinate Judge Acting As Commercial Court Appealable Before Commercial Appellate Court, Not HC: Kerala HC
The Kerala High Court recently held that an order passed by a Subordinate Judge's Court acting as a Commercial Court under a Government notification, would be appealable only before the concerned Commercial Appellate Court as per Section 13 of the Commercial Courts Act, and not before the High Court, as per the Arbitration & Conciliation Act, 1996 ('Act, 1996). The Court in this case...
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
The High Court of Delhi has held that the Arbitral tribunal can award monetary compensation as damages for the delay attributable to employer even when the agreement provides for the extension of time as the only remedy to the contractor. The bench of Justice Chandra Dhari Singh held that the tribunal cannot deny damages on the ground that the agreement provides only for extension...
A Clause That Restricts The Right Of The Contractor To Seek Damages For Delay Attributable To The Employer Is Against Public Policy: Delhi High Court
The High Court of Delhi has held that a clause that restricts the right of the contractor to seek damages for delay attributable to the employer is against public policy in terms of Section 23 of the Indian Contract Act. The bench of Justice Chandra Dhari Singh held a clause that restricts the right of the aggrieved party to claim damages is prohibitionary in nature and...
Court Under Section 34 Of The A&C Act Can Partially Set Aside The Award: Delhi High Court Reiterates
The High Court of Delhi has held that a Court exercising powers under Section 34 of the A&C Act can sever an offending portion of the arbitral award. It held that such exercise of power amounts to partial setting aside of the award and not a modification. The bench of Justice Chandra Dhari Singh explained that modification would be when the court modifies/changes the damages...
Annual Digest of Arbitration Cases : 2023 (Part -II)
Supreme Court Will The Mandate Of The Tribunal Terminate Under Section 29A Unless Extended During Its Subsistence? Supreme Court To Examine The Supreme Court is set to examine an important issue related to the arbitration law that whether the mandate of the tribunal terminates upon the expiry of the time provided under Section 29A unless extended during its subsistence. The bench...
Arbitral Tribunal Can Award Damages For Delay By Employer Even In Absence Of Any Clause In Agreement : Delhi High Court
The High Court of Delhi has held that the Arbitral tribunal can award monetary compensation as damages for the delay attributable to employer even when the agreement provides for the extension of time as the only remedy to the contractor. The bench of Justice Chandra Dhari Singh held that the tribunal cannot deny damages on the ground that the agreement provides only for extension...
Arbitral Tribunal Can Go Beyond To Grant Relief To Aggrieved Party When Contract Illegally Restricts Remedies : Delhi High Court
The High Court of Delhi has held that an Arbitral Tribunal can transgress the boundaries of the contract to grant relief to aggrieved party when the contract illegally restricts or does not provide for sufficient remedies. The bench of Justice Chandra Dhari Singh held that in a situation which is not anticipated in the agreement, the tribunal can transgress the boundaries...
Non-Mentioning Of Prayer Renders The Petition Under Section 34 Of The A&C Act As Invalid: Delhi High Court
The High Court of Delhi has held that non-mentioning of prayer renders the petition under Section 34 of the A&C Act as invalid. The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna held that without a prayer to set aside the impugned award, a petition cannot be considered valid as such petitions would merely amount to empty submissions without a relief. The Court...
Under Section 34(3) Of The A&C Act, The Limitation Period Of 3 Months Plus 30 Days In Inelastic And Inflexible: Delhi High Court Reiterates
The High Court of Delhi has held that under Section 34(3) of the A&C Act, the limitation period of 3 months plus 30 days in inelastic and inflexible. The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna explained that the challenge petition must be filed within 3 months from the date of the receiving of the award, however, a grace period of 30 days is given in which...