Arbitration and Conciliation Act 1996

1st Feb, 2018

An Interim or Partial award, which finally settles an issue between the parties in an Arbitral Award and can be challenged under Section 34 separately and independently

The Supreme Court recently had the occasion to determine an issue “Whether an award delivered by an Arbitrator, which decides the issue of limitation, can be said to be an interim award, and whether such […]
1st Feb, 2018

Findings of fact as well as of law of the Arbitrator/ Arbitral Tribunal are ordinarily not amenable to interference under Section 34 or 37 of the Arbitration and Conciliation Act, 1996.

The Division Bench of the Delhi High Court held that “the finding of facts as well as of law by the Arbitrator/Arbitral Tribunal is not be interfered with unless the finding is either contrary to […]
22nd Jan, 2018

The Supreme Court cannot be regarded to be the Court of first instance for all purposes merely because it was the Court which appointed the Arbitrator.

Solely because a superior court appoints the arbitrator or issues directions or has retained some control over the arbitrator by requiring him to file the award in this Court, it cannot be regarded as a […]
22nd Jan, 2018

Mere objection raised in the written statement regarding maintainability of a suit in view of an existing arbitration clause is sufficient fulfillment of Section 8 of the Arbitration Act.

The Delhi High Court held that  a  party invoking the arbitration clause does not have to file a formal application seeking a specific prayer for reference of the dispute to arbitration as long as it […]
22nd Jan, 2018

A registered society ought to independently be a party to Arbitration Agreement in order to be amenable to Section 8 of Arbitration Act

The Delhi High Court reiterated that arbitration cannot be invoked against a non-party to the arbitration agreement. It was also held that the mere fact that the members of a registered society are parties to […]
18th Jan, 2018

General reference to a standard form of contract of one party will be enough for incorporation of arbitration clause.

The Hon’ble Supreme Court of India in the case titled M/s INOX Wind Ltd. Vs. M/s Thermocables Ltd. (Civil Appeal No. 19 of 2018) decided on 05.01.2018 set aside the decision of the Hon’ble High […]
21st Jun, 2016

Meaning of Seat of Arbitration#indianlaws

The term “subject matter of the arbitration” cannot be confused with “subject matter of the suit”. The term “subject matter” in Section 2(1)(e) is confined to Part I. It has a reference and connection with the process […]
28th Sep, 2014

Arbitrator cannot parties to act on a substituted contract-same shall be illegal or erroneous #indianlaws

When parties have arrived at a concluded contract and acted on the basis of those terms and conditions of the contract then substituting new terms in the contract by the Arbitrator or by the Court […]
30th May, 2014

Remedy under an order under Section 9 A & C Act is similar to Order 39 CPC #indianlaws

Grant or refusal of an interim measure of protection by way of an ad-interim order under Section 9 of the Act is, thus, an appealable order under Section 37
6th Nov, 2013

Restriction in the power of the Court to condone delay in re-filing objections to Arbitration Award

Court has the Jurisdiction to condone delay in re-filing even if the period extends beyond the time specified in Section 34(3) of the Arbitration and Conciliation Act, 1996
20th Oct, 2013

Institutional Arbitration

Parties to contract relying upon their own set of agreed rules to their advantage are estopped from pleading to the contrary that the rules are inapplicable for any other purpose when such rules are themselves […]
22nd Aug, 2013

Circumstances when the Arbitration Clause cannot survive

An arbitration clause in an agreement cannot survive if the agreement containing arbitration clause has been superseded/ novated by a later agreement