Arbitration and Conciliation Act 1996

2nd Dec, 2020

Challenge to Foreign Award u/s 34 is not maintainable

The Hon’ble Supreme Court on 26.11.2020 in the matter of Noy Vallesina Engineering Spa Vs. Jindal Drugs Limited & Ors (Civil Appeal No. 8607 Of 2010), while referring to a catena of judgments, held that […]
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21st Nov, 2020

Section 9 petitions cannot be disposed of ex-parte, without giving notice to the respondent therein, especially when coercive orders are being passed.

The Delhi High Court on 09.11.2020 in the matter of New Morning Star Travels Vs. Volkswagen Finance Private Limited held that, “Section 9 petitions cannot be disposed of ex-parte, without giving notice to the respondent […]
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25th Mar, 2020

Filing a dummy appeal u/s 34 of Arbitration and Conciliation Act, 1996 without the copy of Impugned Award amounts to non-est filing and cannot be treated as filed within the limitation period.

The High Court of Delhi in the case of Union of India vs Bharat Biotech International Ltd. (O.M.P. (COMM) 399/2019) on 18.03.2020 held that though the Court is empowered to condone delay beyond the extended […]
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4th Mar, 2020

In commercial suits, limitation of 120 days is applicable to file Section 8 of the Arbitration and Conciliation Act, 1996

The Delhi High Court in the matter of SSIPL Lifestyle Private Limited vs. Vama Apparels (India) Private Limited in CS(COMM) 735/2018 decided on 19.02.2020 held that in a commercial suit, the mandatory period of limitation […]
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19th Feb, 2020

When a lease deed or any other instrument is relied upon as containing the arbitration agreement, the Court is required to consider at the outset, whether the document is properly stamped or not.

The Supreme Court in the matter of M/s Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram & other Charities & Ors. Vs. M/s Bhaskar Raju & Brother & Ors. Civil Appeal No.1599 Of 2020 (Arising out […]
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20th Jan, 2020

Proviso to Section 24(1) of the Arbitration and Conciliation Act, 1996 provides that oral hearing on the request of a party be granted as a matter of “right”

In the matter of Sukhbir Singh vs. M/s Hindustan Petroleum Corporation Limited bearing O.M.P. No. 1118 of 2014 decided on 16.01.2020, the Delhi High Court held that unless the right to require oral evidence or […]
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9th Dec, 2019

In a case first appeal under Arbitration & Conciliation Act, 1996 disposed of by a Court subordinate to High Court, an article 227 petition should not be entertained.

Supreme Court while upholding the powers of the High Court under Article 226/227 of the Constitution of India has discouraged the use of the same in proceedings challenging  orders passed by civil Court in proceedings […]
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9th Dec, 2019

The issue of limitation not to be examined while considering application seeking Appointment of Arbitrator:

The Supreme Court has observed that issue regarding limitation would be decided by the arbitrator under section 16 of the Arbitration and Conciliation Act (hereinafter referred to as Act) and not the High Court at […]
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12th Sep, 2019

The limitation period of three years for reference of dispute to Arbitrator starts when the dispute first arose between the parties and in order to exclude the time spent in further negotiations, it has to be clearly pleaded and substantiated.

The Hon’ble Supreme Court vide its order dated 03.09.2019, passed in M/s Geo Miller & Co. Pvt. Ltd. vs. Chairman, Rajasthan Vidyut Utpadan Nigam Ltd. bearing Civil Appeal No. 967/2010, held that the limitation period […]
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28th Aug, 2019

‘Group Of Companies’ doctrine can be invoked to bind non-signatory companies to Arbitration if there is a direct relationship and/or composite nature of transaction between the parties

The Supreme Court held that the ‘Group of Companies’ doctrine could be invoked to bind the non-signatory company or inclusion of a third party to an arbitration is possible if there is a direct relationship […]
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14th Aug, 2019

Where the parties have chosen a court which has jurisdiction out of two or more competent courts having jurisdiction, only such court will have the jurisdiction to entertain a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996

The Apex Courts also reiterated Section 20 of the Arbitration and Conciliation Act parties party autonomy and the parties are free to agree on the place of arbitration. The above ratio was passed in the […]
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14th Jun, 2018

A petition filed under Section 34 of Arbitration Act cannot be barred by time if a copy of award has not been delivered to the Petitioner

The Hon’ble High Court of Delhi held that the compliance of Section 31 (5) of the Arbitration and Conciliation Act, 1996, (“the Act”) is a necessity for the clock of limitation to start ticking for […]
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