Arbitration
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...
Though Not Directly Enforceable, Order Of Emergency Arbitrator In A Foreign-Seated Arbitration A Supplemental Factor To Be Considered U/S 9 Petition: Calcutta HC
The Calcutta High Court has held that an order of the Emergency Arbitrator in a foreign-seated arbitration, while not directly enforceable under the Arbitration and Conciliation Act (A&C Act) due to the absence of a provision akin to Section 17(2) of the Act in Part II, should nonetheless be considered by the Court as a supplemental factor under Section 9 of the Act. The bench...
Court Has Power To Issue Time Bound Directions To Collector Of Stamps To Decide On Unstamped Arbitration Agreements, Purpose Of Section 11(13) Of A&C Act Should Not Be Defeated: Delhi High Court
The Delhi High Court has held the Court exercising power under Section 11 of the A&C Act has the power to issue time bound directions to Collector of Stamps to decide on unstamped arbitration agreements to ensure that the mandate of Section 11(13) of the A&C Act that provides for expeditious disposal of Section 11 petition should not be defeated. The bench of Justice Sachin...
Sending Scanned Copy Of A Signed Arbitral Award Through Email Constitutes A Valid Delivery Under Section 31(5) Of The A&C Act: Delhi High Court
The Delhi High Court has held that an email sent by the arbitral tribunal to the parties wherein the scanned copy of the signed award is attached constitutes a valid delivery of the award under Section 31(5) of the A&C Act. The bench of Justice Mini Pushkarna held that the period of limitation for challenging an arbitral award under Section 34 of the Act would commence on the date...
Section 34 Petition Filed Without Impugned Award And Statement Of Truth Is Non-Est: Delhi High Court Reiterates
The Delhi High Court has reiterated that a Section 34 petition filed unaccompanied by the impugned award and without the statement of truth would not constitute a valid filing. The Court observed that the petition as originally filed was without the impugned award and statement of truth and constituted of only 46 pages, however, the refiled version ran into 1785 pages which included...
Arbitration Cases Weekly Round-Up: 21 to 27 August 2023
Supreme Court: Supreme Court Restores 1997 Arbitral Award Passed Under 1940 Act; Criticises HC & Trial Court For “Appellate Review” Case Title: M/s S.D. Shinde vs Govt. of Maharashtra & Ors. The Supreme Court, while restoring an arbitral award passed in 1997 which was set aside by the Trial Court and the High Court under the Indian Arbitration Act, 1940, has...
Holistic, Common-Sense Approach Required To Interpret Arbitration Clause: Calcutta HC Grants Interim Relief To US-Based Healthcare Company
The Calcutta High Court while exercising its admiralty jurisdiction, recently allowed an application for interim relief by Uphealth Holdings Inc. a wholly owned subsidiary of Uphealth Inc., a US-based healthcare company under section 9 of the Arbitration & Conciliation Act, 1996.Justice Ravi Kishan Kapur observed that the applicant had made out a prima facie case for interim relief...
'Such Dead Claim Ought Not To Be Revived': Allahabad High Court Dismisses Application For Appointment Of Arbitrator Filed After 20 Yrs
The Allahabad High Court recently dismissed an application for the appointment of an arbitrator filed under Section 11(4) of the Arbitration and Conciliation Act, 2016 holding that such application being filed after 20 years of occurrence of dispute is bared by delay and laches. Noting that an arbitration clause existed in the agreement between the parties, Justice Ashwani Kumar Mishra held...
Dissenting Opinion Of An Arbitrator Cannot Be Treated As An Award If The Majority Award Is Set Aside : Supreme Court
The Supreme Court held that a dissenting opinion cannot be treated as an award if the majority award is set aside.In this case, a three member arbitration tribunal passed an award in a dispute between Hindustan Construction Company Limited and National Highways Authority of India. The award was unanimous on most questions while, on others, there was a dissenting view of one of the arbitrators....
Supreme Court Restores 1997 Arbitral Award Passed Under 1940 Act; Criticises HC & Trial Court For "Appellate Review"
The Supreme Court, while restoring an arbitral award passed in 1997 which was set aside by the Trial Court and the High Court under the Indian Arbitration Act, 1940, has emphasised that the court’s jurisdiction under Section 30/33 of the 1940 Act never extended beyond discerning whether the award discloses an “error apparent on the face of the award” or not.The court while restoring...
Recourse To Section 34(4) Of The A&C Act Can Only Be Taken For Curable Defects, Courts Cannot Allow The Tribunal To Either Review Or Reconsider The Award: Delhi High Court
The High Court of Delhi has held that the recourse to Section 34(4) of the A&C Act, that grants courts the authority to remit an arbitral award to the Arbitral Tribunal, can only be taken for correcting the curable defects such as filling the gaps in reasoning, correct typographical and arithmetical errors and not to allow the tribunal to do a review of the award. The bench...