Delhi High Court Ceases Mandate Of Unilaterally Appointed Arbitrator Under General Conditions Of Contract

The Delhi High Court single bench of Justice Dinesh Kumar Sharma rejected the contention presented by Respondent, that the unilateral appointment of the arbitrator made in accordance with the contract cannot be challenged and the only option available to the petitioner is to challenge the mandate of the arbitrator. It emphasized that the unilateral appointment of an arbitrator as...

Fraud Regarding Internal Management Of Company Doesn't Go To Root Of Contract, Dispute Is Arbitrable: Delhi High Court

The Delhi High Court single bench of Justice Jasmeet Singh held that fraud alleging regarding the internal management of the company doesn't go to the root of the contract. Therefore, the bench held that the dispute concerning the lack of authority to enter into a contract are arbitrable. The bench held that the Court while deciding a petition under Section 11 of the Arbitration...

Proceedings Under IBC Doesn't Exclude Court Jurisdiction To Entertain Section 11 A&C Applications: Delhi High Court

The Delhi High Court single bench of Justice Sachin Datta held that proceedings contemplated in Section 14 of the Insolvency and Bankruptcy Code (IBC) do not expressly exclude the jurisdiction of the court or authorities to entertain applications under Section 11(6) of the Arbitration Act or other proceedings initiated by the corporate debtor against another party. It held that even if...

Requirement Of Pre-litigation Mediation Under Section 12-A Of Commercial Courts Act Is Mandatory: Delhi High Court

The Delhi High Court bench comprising Justice Prateek Jalan held that the requirement of pre-litigation meditation under Section 12-A of the Commercial Courts Act, 2015 is mandatory in nature. Section 12-A of the Act outlines the mandatory requirement for pre-institution mediation before filing a suit, provided urgent interim relief is not sought. The Central Government may...

Allegations On Arbitrator's Independence Under Item 24 Of 5th Schedule Of Arbitration Act Is Not Automatically A Ground For Disqualification: Allahabad High Court

The Allahabad High Court single bench of Justice Rajnish Kumar held that the allegation under Item No. 24 of the Fifth Schedule of the Arbitration and Conciliation Act, 1996 doesn't automatically disqualify the arbitrator without disclosing any specific relationship between the arbitrator and the party. Item No.24 of the Fifth Schedule states that doubts about an arbitrator's independence...

Section 9 Not Res Judicata For Section 17 Application When Withdrawal Is Conditional: Delhi High Court Dismisses Section 37(2)(B) Application

The Delhi High Court bench comprising Justice Manoj Kumar Ohri held that the Section 9 application under Arbitration and Conciliation Act, 1996 cannot act as res judicata for Section 17 application when the withdrawal of Section 9 application is conditional between the parties. The bench dismissed the reliance on Kanchan Kapoor v. Swaran Kumar noting that the principles of res...

Conditions Of Remand Not Followed, Allahabad High Court Sets Aside Arbitral Award Under NHAI Act In Writ Jurisdiction

The Allahabad High Court has held that existence of an alternate remedy is not a bar to exercising jurisdiction under Article 226 of the Constitution of India.While exercising writ jurisdiction under Article 226 of the Constitution of India, the Court set aside an arbitral award passed by the District Magistrate/Collector, Jhansi acting as an Arbitrator under Section 3G(5) of the...

Section 29A Petition Maintainable If Filed Before Award Is Delivered and Not If Award Is Delivered : Delhi High Court

The Delhi High Court single bench of Justice Prateek Jalan held that a petition under Section 29A of the Arbitration and Conciliation Act, 1996 is maintainable when filed before the award is delivered during the ongoing petition, but becomes non-maintainable if filed after the award is delivered and proceedings for setting aside have commenced. Brief Facts: The matter pertained to...

Negotiation Requires Active Communication Between Parties, Non-Responsive Party Not Actively Participating: Delhi High Court Refers Matter To Arbitration

The Delhi High Court single bench comprising held that 'negotiation' necessitates communication between the involved parties, asserting that a party failing to respond to legal notices from another cannot be considered actively participating in the negotiation process. Consequently, Justice Sharma referred the matter to arbitral tribunal. Brief Facts: The matter pertained...

Non Filing Of Arbitral Award Along Section 34 Is A Fatal Defect, Makes Filing Non-Est: Delhi High Court Dismisses Section 34 Petition

The Delhi High Court single bench of Justice Prateek Jalan held that non filing of the arbitral award along with the Petition under Section 34 of the Arbitration and Conciliation Act, 1996 is a fatal defect, making such filing as non-est. The bench held that the absence of a copy of the award renders it impossible to appreciate the grounds for seeking to set aside the...

Allegations Of Fraud, Misappropriation With No Public Implication Doesn't Make Dispute Non-Arbitrable: Gujarat High Court

The Gujarat High Court single bench of Chief Justice Sunita Agarwal held that the High Court noted that allegations in criminal proceedings regarding fraud and misappropriation of funds, being inter se parties and having no public implications, do not make the dispute non-arbitrable. Brief Facts: The matter revolved around the partnership firm M/s. Om Polyplast, through a...

Delhi High Court Imposes Costs Of Rs.1 Lakh On Indian Oil For Taking Inconsistent Stance In Section 34 A&C Petition

The Delhi High Court single bench of Justice Prateek Jalan set aside an arbitral award noting that the Indian Oil Corporation Limited failed to present evidence before the Arbitrator, thereby, making it impossible to adjudicate the contention raised regarding payment of dues. The bench imposed a substantial costs of Rs.1 lakh on the Indian Oil for taking unjustifiable contrary stands...