Arbitration
Arbitration Cases Weekly Round-Up: 2nd October To 8th October
High Courts: Calcutta High Court Party Eligible For Interim Protection U/S 9(1) Arbitration & Conciliation Act, Regressive To Relegate To CPC Procedure: Calcutta High Court Case: Prathyusha- AMR JV vs Orissa Steel Expressway Private Limited Citation: 2023 LiveLaw (Cal) 304 The Calcutta High Court has recently allowed applications for appointment of arbitrator u/s 11...
Whether Enforcement Of Foreign Arbitration Award Can Be Denied Due To Non-Stamping Of Arbitration Agreement? Delhi High Court To Examine
The Delhi High Court is set to examine whether the enforcement of a foreign arbitration award can be denied due to the non-stamping of the arbitration agreement. The bench of Justice Manoj Kumar Ohri has issued notice on a plea seeking to raise objection to the enforcement of the Singapore seated foreign arbitration award under Section 48 of the A&C Act. The award debtor...
Arbitration Monthly Round-Up: September 2023
Supreme Court: 'Every Arbitrator May Not Be Legally Trained, Some Decisions Are Based On Equity' : Supreme Court Explains Scope Of Judicial Interference In Arbitral Awards Case Title: Batliboi Environmental Engineers Limited vs Hindustan Petroleum Corporation Ltd and Anr. The Supreme Court bench comprising Justice Sanjiv Khanna and Justice M.M. Sundresh, has held that while...
MSEF Council’s Dismissal Order Under Section 18 Is Not An Award For Section 34 Of The A&C Act: Jharkhand High Court
The Jharkhand High Court has held that an order passed by the MSEF Council dismissing a reference made under Section 18 of the MSMED Act as not maintainable, without conducting the conciliation or the consequent arbitral proceedings, is not an award which can be challenged under Section 34 of the A&C Act r/w Section 19 of the MSMED Act. The bench of Justices Shree Chandrashekhar...
Award On Damages Cannot Be Sustained Just On Penalty Clause In Agreement: Delhi High Court
The Delhi High Court has held that an award of damages based on no evidence of loss cannot be sustained on the basis of a penalty clause in the agreement. The bench of Justices Vibhu Bakhru and Amit Mahajan held that mere presence of a clause providing for liquidated damages does not dispense with the requirement of proof of loss from a party claiming damages. The Court held that...
MSEF Council’s Order Without Following Due Procedure Can’t Be Termed As Award: Madras High Court
The High Court of Madras has held that an order passed by the MSEF Council without issuing notice of arbitration, opportunity to parties file their pleadings and recording evidence as per the provisions of A&C Act cannot be termed as award. The bench of Justice S. Sounthar held that since such an order is not an award, it need not be challenged under Section 34 of the A&C Act...
Court Exercising Powers Under Section 9 Of A&C Act Is Not Bound To Strictly Follow Provisions Of Order XXXVIII Rule 5 Of CPC: Calcutta High Court
The High Court of Calcutta has held that the Court exercising powers under Section 9 of the A&C Act is not strictly bound by the provisions of interim relief contained under Code of Civil Procedure, 1908. The bench of Justice Moushumi Bhattarcharya held that unlike O. XXXVIII R. 5 of CPC wherein the party seeking relief has to discharge the onus of showing that the other party...
Party Eligible For Interim Protection U/S 9(1) Arbitration & Conciliation Act, Regressive To Relegate To CPC Procedure: Calcutta High Court
The Calcutta High Court has recently allowed applications for appointment of arbitrator u/s 11 and for interim protection u/s 9(1) of the Arbitration & Conciliation Act, 1996 (“Act”) by Prathyusha- AMR, a Joint Venture. In allowing the plea for appointment of an arbitrator u/s 11 of the Act, a single-bench of Justice Moushumi Bhattacharya noted that “a turning point” in...
Arbitration Cases Weekly Round-Up: 25th September To 1st October
Supreme Court: Contractor Claiming Loss Of Profits Due To Delayed Execution Must Prove That Other Works Were Lost Due To Delay: Supreme Court Case Title: Batliboi Environmental Engineers Ltd vs Hindustan Petroleum Corporation Ltd & Anr. The Supreme Court Bench comprising Justice Sanjiv Khanna and Justice M.M. Sundresh, has held that in arbitral proceedings where the execution...
Application Seeking Extension Of Time, Can It Be Moved After Expiry Of Mandate Of Arbitrator ? Delhi High Court To Examine
The High Court of Delhi is set to examine an important issue regarding the extension of time for the delivery of the arbitral award. The bench of Justice Yogesh Khanna would decide the issue that whether an application ought to be moved by the parties under Section 29A(4) during the course of mandate of the learned arbitrator or can be moved even late. The Court was hearing...
Arbitrator Appointed Under The Provisions Of National Highways Act Is Bound By Section 29A Of The A&C Act, Award Must Be Delivered Without Undue Delay: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that an arbitrator appointed under the provisions of National Highways Act, 1956 is bound to deliver an arbitral award within the time limit prescribed under Section 29A of the A&C Act. Section 29A of the A&C Act provides that an arbitrator must make an arbitral award within a period of 12 months from the date of completion of...
Widening And Improvement Of An Existing Road Would Be A ‘Bypass’ When Such Improvement Diverts Traffic From Project Road Resulting In Loss Of Toll Revenue: Delhi High Court
The High Court of Delhi has held that development, improvement, widening and construction over an existing narrow highway would be considered to be a ‘bypass’ when such improvement makes the road viable for heavy vehicles and becomes an alternate road, resulting in reduction of the traffic from the project highway, affecting the toll revenue. The bench of Justices Suresh Kumar...