Once The Licence Is Revoked, Any Use Of The Trademark By Ex-Licensee Would Amount To Infringement: Delhi High Court

The Delhi High Court has held that once the licence is revoked by the licensor, any use of the mark by the ex-licensee would amount to an infringement of the trademark and would deceive the public, inasmuch as the public would be led to believe that the ex-licensee is still connected with the licensor. The bench of Justice Sachin Datta held that an ex-licensee cannot be allowed to use...

Court Can Grant Mandatory Injunction At Interim Stage Under Section 9 Of The A&C Act When Builder Commits Multiple Breaches Eroding Housing Society’s Confidence In It: Bombay High Court

The High Court of Bombay has held that a Court exercising powers under Section 9 of the A&C Act can grant mandatory injunction at an interim stage when the builder is found to be in multiple breaches which results in the co-operative society losing its confidence in the builder. The bench of Justice Manish Pitale held that the relief of mandatory injunction at an interim stage is...

Court Exercising Powers Under Section 34 Of The A&C Act Cannot Modify An Arbitral Award: Delhi High Court Reiterates

The Delhi High Court has reiterated that the Court exercising powers under Section 34 of the A&C Act cannot modify an arbitral award. It held that the Court can either uphold the award or set aside any finding, however, the Court is powerless to modify the award by allowing a relief that was disallowed by the arbitral tribunal. The bench of Justices Yashwant Varma and Dharmesh...

Denial Of Arbitration Clause In Reply To Arbitration Notice Can’t Disentitle A Party To Invoke Section 8 Of The A&C Act In A Suit : Delhi High Court

The Delhi High Court has held that Section 8 of the A&C Act is mandatory in nature meaning thereby that the Court is bound to refer the dispute to arbitration when there exists a valid arbitration agreement between the parties and the respondent makes an application for reference to arbitration before submitting its written statement before the Court. The bench of Justices...

Court Can Examine If Arbitration Clause Is Arbitrary & Violates Article 14 While Considering S.11(6) Application : Supreme Court

In a significant judgment, the Supreme Court held that a clause in an arbitration agreement which is not in consonance with the Constitution cannot be enforced. The Court further held that it can examine if the arbitration clauses are manifestly arbitrary and violative of Article 14 of the Constitution while considering an application for appointment of arbitrator.A bench comprising Chief...

Will The Mandate Of The Tribunal Terminate Under Section 29A Unless Extended During Its Subsistence? Supreme Court To Examine

The Supreme Court is set to examine an important issue related to the arbitration law that whether the mandate of the tribunal terminates upon the expiry of the time provided under Section 29A unless extended during its subsistence. The bench of Justices Sanjiv Khanna and S.V.N. Bhatti has issued notice in an SLP filed against the order of the Calcutta High Court wherein the High...

Arbitration Act | Scope Of Appeal U/S 37 Limited, Cannot Be Equated With Normal Appellate Jurisdiction: Delhi High Court

A Division Bench of the Delhi High Court comprising Justices Manmohan and Mini Pushkarna on Tuesday dismissed an appeal filed by DCM Ltd. u/s 37 of the A&C Act, refusing to re-examine evidence in view of the limited scope of the provision.The appeal by DCM Ltd. impugned a judgement by Single Bench of the court, whereby its challenge to an Arbitral Award u/s 34 A&C Act...

No Explanation Of 'Sufficient Cause', No Special Concessions To Govt Body For Limitation Vis-A-Vis Commercial Courts Act: Allahabad High Court

The Allahabad High Court has held that no special concession can be granted to government bodies for condoning delay under Commercial Courts Act, 2015 if sufficient cause is not shown in application for delay condonation.Following the judgement of the Supreme Court in Government of Maharashtra vs. M/s Borse Brothers Engineers and Contractors, Justice Om Prakash Shukla held that appeal...

S.34 Arbitration Act | Court Has Power To Recalculate Compensation Awarded Under NHAI Act: Allahabad High Court

The Allahabad High Court held that the Court adjudicating upon arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 has the power to recalculate compensation awarded under the National Highway Authority of India Act, 1956.The bench comprising of Justice Jaspreet Singh held that if the calculation of compensation is patently illegal and the award is against the...

Delhi High Court Sets Aside Arbitration Award Passed In Defiance Of Supreme Court Order

The High Court of Delhi has set aside an arbitral award for having been passed in defiance of the order of the Supreme Court. It held that such an award would be against the public policy and that if the arbitral tribunal is allowed to defy the order of the Supreme Court, it would violate principle of Judicial discipline. The bench of Justices Sanjeev Sachdeva and Manoj Jain held...

Hong Kong Court Refuses To Enforce A Mainland Arbitration Award For Failure Of Arbitrator To Meaningfully Engage With Arbitral Proceedings

The Hong Kong Court of First Instance has refused enforcement of a Mainland (China) award on the ground that one of the members of the arbitral tribunal failed to meaningfully engage with the arbitral proceedings. The bench of Judge Mimmie Chan found that enforcing a Mainland award with a tribunal member absent during significant proceedings would violate Hong Kong's 'Public Policy'...

Arbitration Monthly Round-Up: October 2023

Supreme Court Arbitration | Awarding Claim For Loss Of Profit Without Substantial Evidence Is In Conflict With Public Policy Of India: Supreme Court Case Title: M/S UNIBROS v. ALL INDIA RADIO, ARISING OUT OF SLP (CIVIL) NO. 8791/2020 Citation: 2023 LiveLaw (SC) 918 Recently, the Supreme Court, while rendering an arbitral award as patently illegal and being in conflict with...