Arbitration
Arbitration | Awarding Claim For Loss Of Profit Without Substantial Evidence Is In Conflict With Public Policy Of India: Supreme Court
Recently, the Supreme Court, while rendering an arbitral award as patently illegal and being in conflict with the “public policy of India”, held that a claim for damages cannot as a matter of course result in an arbitral award without proof of the claimant having suffered injury. The present decision emphasised the importance of substantial evidence in awarding claims for loss of...
Absence Of Arbitration Clause In The Main Agreement Is Immaterial When It Specifically Incorporates Another Agreement Containing Arbitration Clause: Calcutta High Court
The High Court of Calcutta has held that absence of arbitration clause in the main agreement is immaterial when it specifically incorporates another agreement containing arbitration clause. The bench of Justice Moushumi Bhattacharya held that Section 7(5) of the A&C Act allows incorporation of the arbitration agreement by reference and a case wherein the main agreement...
Award Holder Has The Choice To File An Execution Petition At The Place Of His Choice: Allahabad High Court Reiterates
The Allahabad High Court has held that it is the choice of the award holder to file an execution petition at the place of its choice and it need not necessarily approach the Court where the award was passed. The bench of Justice Pankaj Bhatia also held that merely because Section 16 of the Commercial Courts Act which provides for amendment to CPC does not include Order 21 within...
If One Letter With The Necessary Stamp Is Part Of The Correspondence Forming The Contract, The Entire Contract Is Considered Duly Stamped: Calcutta High Court
The High Court of Calcutta has held that if one letter with the necessary stamp is part of the correspondence forming the contract, the entire contract is deemed duly stamped. The bench of Justice Moushumi Bhattacharya held that where a contract or agreement of any kind is effected by correspondence consisting of two or more letters and if any one of the letters is properly stamped...
Arbitrator Won't Become Ineligible By Unilaterally Revising Fee; Mandate Can't Be Terminated On Grounds Not Mentioned In Schedule : Supreme Court
In a notable judgment, the Supreme Court has held that unilateral revision of fee by an arbitral tribunal, though not permissible, will not terminate its mandate on the ground of ineligibility as per Section 12 of the Arbitration and Conciliation Act 1996.Although the Supreme Court has held in Oil and Natural Gas Corporation Ltd. vs Afcons Gunanusa JV 2022 LiveLaw (SC) 723 that the...
Award Under MSMED, Can’t Challenge In Writ Petition For Not Granting Adjournment Sought: Calcutta High Court
The High Court of Calcutta has held that an arbitration award passed under MSMED Act cannot be challenged in a writ petition merely on the ground that the petitioner’s request for adjournment was refused by the arbitrator. The bench of Sabyasachi Bhattacharyya held that a party aggrieved by an award passed under MSMED Act has to challenge it under Section 34 of the A&C Act...
Arbitration Award Execution , Can File Anywhere, Bar Under Section 42 Not Applicable: Allahabad High Court Reiterates
The High Court of Allahabad has held that a petition for the execution of the arbitral award can be enforced anywhere in the country, where the assets of the award debtor are located. The bench of Justice Pankaj Bhatia held that Section 42 of the A&C Act which bars any petition in any Court other than the Court where the first petition in relation to arbitration agreement was...
Co- Terminus Agreements Which Are Interdependent, Arbitration Clause In One Agreement Governs The Other : Gujarat High Court
The High Court of Gujarat has held that when wo agreements are co-terminus and their performance is interdependent, the arbitration clause in one agreement can be invoked for the other as well. The bench of Chief Justice Sunita Agarwal held that when two agreements are integrally related to each other and the performance of one is dependent on the other, then the absence of...
Place Of Arbitration Is The Venue And Not The Seat Of Arbitration When There Is A Contradictory Exclusive Jurisdiction Clause: Gujarat High Court
The High Court of Gujarat has held that the place of arbitration is the venue and not the seat of arbitration when there is a contradictory exclusive jurisdiction clause. The bench of Chief Justice Sunita Agarwal held that the place where the arbitration is stated to be conducted would be the venue of arbitration when the agreement contains an exclusive jurisdiction clause that...
Must Be Wary Of Unnecessary Judicial Interference At Every Stage Of Arbitral Process: Calcutta HC Upholds Arbitral Award In Favor Of Reliance Infra
In a landmark 255-page judgement, the Calcutta High Court has upheld an arbitral award in favor of Reliance Infrastructure (“RIL”), arising out of a deal struck with the Damodar Valley Corporation (“DVC”) for construction of thermal power plants in Raghunathpur.In upholding the award passed by a panel of three arbitrators, a single-bench of Justice Shekhar B Saraf noted that India is...
Arbitration Cases Weekly Round-Up: 9th October- 15th October
Delhi High Court Whether Enforcement Of Foreign Arbitration Award Can Be Denied Due To Non-Stamping Of Arbitration Agreement? Delhi High Court To Examine Case Title: SIMPLOT INDIA LLC v. HIMALAYA FOOD INTERNATIONAL LIMITED Citation: 2023 LiveLaw (Del) 938 The Delhi High Court is set to examine whether the enforcement of a foreign arbitration award can be denied due to...
Karnataka Stamp Act | Stamp Duty Not Attracted On Arbitral Awards For Damages If Unrelated To Movable/Immovable Property: High Court
The Karnataka High Court has held that an arbitral award which does not deal with either movable property or immovable property, but awards damages payable to the award holder, does not attract stamp duty under the Karnataka Stamp Act, 1957. Justice R Nataraj thus dismissed a petition challenging an order of the trial court rejecting its application seeking to impound the award of the...