Arbitration
Limitation Qua Counter-Claim Stops On The Date Of Notice Of Arbitration: Madras High Court
The High Court of Madras has held that the limitation period qua Counter-Claims would be arrested on the date on which the respondent issues the notice of arbitration and the date of filing of counter-claims would be irrelevant. The bench of Justice M. Sundar further held that limitation is a facet of 'public policy' and an error in limitation clearly leaves an award hit...
Arbitration Cases Weekly Round-Up: 9 October To 15 October, 2022
Delhi High Court: Period Of Limitation For Referring The Dispute To Arbitration Commences Only After The Failure Of Pre-Arbitration Mechanism: Delhi High Court Case Title: Welspun Enterprises Ltd. versus NCC Ltd. The High Court of Delhi has held that the period of limitation for referring the dispute to arbitration would only commence after the internal dispute resolution...
Place Of Arbitration Would Not Become The 'Seat' When The Exclusive Jurisdiction Is Conferred On A Court At A Different Place: Delhi High Court
The High Court of Delhi held that place of arbitration would not become the seat of arbitration when the parties have conferred exclusive jurisdiction on a Court other than the seat Court. The bench of Justice Neena Bansal Krishna held that conferring exclusive jurisdiction, over a Court different from the Court at the place of arbitration, would be a contrary indicia and the place...
Period Of Limitation For Referring The Dispute To Arbitration Commences Only After The Failure Of Pre-Arbitration Mechanism: Delhi High Court
The High Court of Delhi has held that the period of limitation for referring the dispute to arbitration would only commence after the internal dispute resolution mechanism fails. The bench of Justices Vibhu Bakhru and Amit Mahajan held that if the agreement between the parties provides for a pre-arbitration dispute resolution mechanism, a party cannot be expected to invoke...
Whether A Claim Is A 'Notified Claim' Under The Contract, Falls Outside The Scope Of Arbitration: Delhi High Court
The Delhi High Court has ruled that the dispute whether a claim raised by a party is a 'Notified Claim' under the Contract, which can be referred to arbitration as per the arbitration clause, falls outside the scope of arbitration. The Single Bench of Justice Vibhu Bakhru observed that as per the arbitration clause contained in the General Conditions of Contract (GCC),...
Execution Of Arbitral Award Is To Be Filed In The Seat Court And Not At The Place Of Land Acquired: Punjab And Haryana High Court
The Punjab and Haryana High Court has held that execution of an arbitral award passed under the NHAI Act is to be filed at the Seat Court and not where the acquired land is situated. The bench of Justice Raj Mohan Singh held that once the seat of arbitral proceeding is fixed then only the court within whose jurisdiction the seat is situated would have the jurisdiction to decide all...
Use Of The Word 'Can' In An Arbitration Clause Does Not Render It Ineffective, Intention To Be Looked Into: Delhi High Court
The Delhi High Court has held that mere use of the word 'can' in an arbitration clause does not render it ineffective and the intention of the parties to go for arbitration is to be determined on a complete reading of the clause and relevant clauses. The Bench of Justice Prateek Jalan reiterated that exclusive jurisdiction clause would override a venue clause, therefore, the court...
"Confirming Party" To A Contract, Who Is Not Signatory To The Arbitration Clause, Can Invoke Arbitration: Delhi High Court
The Delhi High Court has ruled that a confirming party to a Contract, who is not bound by the terms of the Contract and on whom no liability is affixed under the Contract, can be referred to arbitration even if he is not a signatory to the arbitration clause contained in the Contract. The Single Bench of Justice Neena Bansal Krishna held that the fact that the party had signed...
Delhi High Court Delineates Circumstances To Invoke "Group Of Companies" Doctrine
The Delhi High Court has ruled that the plea that signatures to the MoU containing an arbitration clause were obtained by threat and coercion, cannot be considered while considering an application under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) for appointment of the Arbitrator. The Single Bench of Justice Neena Bansal Krishna held that each Company is...
Arbitration Cases Weekly Round-Up: 2 October To 8 October, 2022
Supreme Court: Arbitral Tribunal Must Give Reasons For Fixing Interest Rate; Award Holder Not Entitled To Interest For Delay Caused By It : Supreme Court Case Title: Executive Engineer (R and B) versus Gokul Chandra Kanungo The Supreme Court recently held that a case where the award holder was responsible for delaying the proceedings which led to a huge lapse of time would be a...
Members Of Joint Venture Cannot Invoke Arbitration Clause In Their Individual Capacity: Delhi High Court
The Delhi High Court has ruled that where an agreement is entered into by the parties by forming a consortium / Joint Venture, one of the members of the consortium cannot separately invoke the arbitration agreement in their individual capacity. The Single Bench of Justice Mini Pushkarna reiterated that when there is an agreement with a consortium, it is never the intention of...
Arbitral Award Directing Specific Performance Of Contract, Cannot Be Set Aside On Ground Of Inequitable Nature Of Contract: Madras High Court
The Madras High Court has ruled that an arbitral award directing specific performance of a contract, cannot be set aside on the ground that the nature of agreement between the parties was not capable of specific enforcement. The Court added that the said issue related to the construction of an agreement, which cannot be made a ground for interference of the arbitral award under Section 34...