Arbitration Cases Weekly Round-Up: 28 August to 3 September 2023
Parina Katyal
4 Sept 2023 2:00 PM IST
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...
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 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.
Calcutta High Court:
Case Title: Uphealth Holdings Inc. vs Glocal Healthcare Systems Pvt Ltd
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.
Delhi High Court:
Case Title: CASA2 STAYS PVT LTD vs BBH COMMUNICATIONS INDIA PVT LTD
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.
Case Title: Amit Guglani vs L&T Housing Finance
The Delhi High Court has held that Section 21 notice is a mandatory pre-requisite for invoking jurisdiction of the Arbitrator under Section 21 of the A&C Act.
Case Title: Amit Guglani vs L&T Housing Finance
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.
Case Title: Liberty Footwear Co. vs Liberty Shoes Ltd
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.
Case Title: National Seeds Corporation Ltd vs Ram Avtar Gupta
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.
Case Title: Ministry of Youth Affairs and Sports vs ERNST and YOUNG PVT LTD
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.
Case Title: Ministry of Youth Affairs and Sports vs ERNST and YOUNG PVT LTD
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.
Case Title: Splendor Landbase Ltd vs Aparna Ashram Society
The Delhi High Court has held that 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.
