Arbitration
The India International Arbitration Centre (IIAC) Releases Conduct Of Arbitration Regulations, 2023
The India International Arbitration Centre (IIAC) has officially unveiled the India International Arbitration Centre (Conduct of Arbitration) Regulations, 2023 (hereinafter referred to as the "Regulations"), shedding light on the intricate procedures governing arbitral processes. These Regulations, which became effective on September 1, meticulously outline the procedure...
Justice And Fairness In Arbitration - An Overlooked Principle?
Arbitration is emerging as a powerful dispute resolution mechanism to address the challenges posed by hefty litigation costs and time-consuming legal proceedings in courts of law, thereby offering mutually agreeable and amicable means of resolving disputes. The idea of party autonomy is one of the essential components of the arbitration mechanism as a result of the pressing...
The Question Of ‘Completion Of Pleadings’ Under Section 29A Of The Indian Arbitration And Conciliation Act,1996.
The Arbitration and Conciliation Act, 1996 amended in 2015 first introduced section 29A which prescribed the time limit of 12 months for an Arbitral Tribunal to conclude the proceedings and pass an award from the date it enters reference. The objective of the amendment was to expediate the arbitration proceedings and to make them more time efficient and desirable to the...
Security Offered By An Award-Debtor For Stay Of Arbitral Award Must Be ‘Clean, Unblemished With Good Exchange Value’: Calcutta High Court
The Calcutta High Court has recently held that the security furnished by an award-debtor for stay of an arbitral award must be “clean, unblemished and with good exchange value.”Sarat Chatterjee & Co. (“applicants”) had argued that that an earlier division-bench judgement of 2015, had already secured 10,000 metric tonnes of Coke equating to more than the total security value of...
Arbitration Monthly Digest: August 2023
Supreme Court: Court Has No Power To Modify Award Under S. 34 Arbitration & Conciliation Act : Supreme Court Case Title: Larsen Air Conditioning and Refrigeration Company vs Union of India The Supreme Court reiterated that a court, under Section 34 of the Arbitration and Conciliation Act, has no power to modify an arbitration award. The limited and extremely...
Arbitration Cases Weekly Round-Up: 28 August to 3 September 2023
Bombay High Court: Court Can Within The Limited Scope Of Judicial Scrutiny Under Section 11 Of The A&C Act, Examine If Claims Are Frivolous Or Meritless: Bombay High Court Case Title: 22Light vs OESPL Pvt Ltd The High Court of Bombay has held that despite the limited scope of judicial scrutiny under Section 11 of the A&C Act, the Court would refuse to appoint the...
Principles Of Natural Justice Not Violated When The Opportunity To Make Oral Submission Is Not Availed: Delhi High Court
The High Court of Delhi has held that the principles of natural justice are not violated when the opportunity to make oral submissions on an issue was granted but not availed by the party. It held that no party has the absolute right to insist on his convenience in every respect. The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna held that an Arbitrator has a right...
Section 21 Notice Is A Mandatory Pre-Requisite For Invoking Jurisdiction Under Section 21 Of The A&C Act: Delhi High Court Reiterates
The Delhi High Court has held that Section 21 notice is a mandatory pre-requisite for invoking jurisdiction of the under Section 21 of the A&C Act, The bench of Justice Jyoti Singh held that a petition under Section 11 of the Act can only be filed when the parties fail to appoint the arbitrator in terms of the procedure agreed upon by the parties and Section 21 is an important...
When There Are Two Interconnected Agreements With Conflicting Arbitration Clauses, The Clause Contained In The Main Agreement Should Be Given Primacy: Delhi High Court
The Delhi High Court has held that when there are two interconnected agreements with conflicting arbitration clauses, the arbitration clause contained in the main/umbrella agreement should be given primacy over the other clause. The bench of Justice Jyoti Singh held that when disputes under two connected agreements had different Arbitration Clauses, the disputes should be resolved...
Section 42 Bars Petitions In Different Courts, Fraud Or Collusion Allegations Can Only Be Examined By The First Court: Delhi HC
The Delhi High Court has decided that if a petition under Section 9 is submitted to any court other than the one where the initial application was made, Section 42 of the A&C Act will prevent it. This section grants exclusive jurisdiction to the first court for arbitration-related cases. First court is basically the court where an arbitration petition is filed at the first instance....
Court Can Within The Limited Scope Of Judicial Scrutiny Under Section 11 Of The A&C Act, Examine If Claims Are Frivolous Or Meritless: Bombay High Court
The High Court of Bombay has held that despite the limited scope of judicial scrutiny under Section 11 of the A&C Act, the Court would refuse to appoint the arbitrator when on a prima facie scrutiny of the material on record, it can come to a conclusion that claims sought to be arbitrated are frivolous and meritless. The bench of Justice Manish Pitale refused to appoint an...
Section 14 Of Limitation Act Applicable To Proceedings U/S 34 Of Arbitration And Conciliation Act: Delhi High Court Reiterates
The Delhi High Court has held that Section 14 of the Limitation Act, which provides for exclusion of time consumed in civil proceedings initiated before a Court not having the jurisdiction, applies to proceedings under Section 34 of the A&C Act. The bench of Justice Jyoti Singh excluded 1239 days spent in prosecuting the petition under Section 34 petition before a Court not having...