The Arbitration and Conciliation Act 1996

18th May, 2018

In commercial transaction effected through several interconnected agreements, all parties are subject to the arbitration clause contained in the main agreement even if there is no arbitration clause in the ancillary agreement.

In a recent judgment, the Supreme Court held that where several parties are involved in a single commercial project executed through several interconnected agreements/contracts then all parties can be covered by the arbitration clause in […]
23rd Apr, 2018

A Counter Claim is an independent proceeding and cannot be dismissed merely for the reason that the arbitration proceedings are dismissed by the Arbitrator

The Delhi High Court held in a judgment that where an arbitration proceeding was dismissed for non-prosecution, the Counter Claim being a separate and independent claim is still maintainable and is bound to be decided […]
6th Apr, 2018

The Arbitration and Conciliation (Amendment) Act, 2015 is prospective in nature

In a recent judgment, the Apex Court ruled that the Arbitration and Conciliation (Amendment) Act, 2015 will be applicable in those arbitral proceedings that have commenced under Section 21 of the Arbitration and Conciliation Act, […]
5th Apr, 2018

Arbitration Agreement referring to disputes between “partners” would include disputes involving legal representatives of a deceased partner

In a recent judgment the Delhi High Court pronounced that merely because the arbitration agreement refers to the disputes between ‘partners’, the same cannot debar or take away the right of enforcement of such an […]
5th Apr, 2018

Plea of lack of jurisdiction of Arbitral Tribunal can be raised under Section 34 of the Arbitration and Conciliation Act for the first time even if not raised earlier under Section 16 in the statement of defence.

In a recent judgment, the Apex Court ruled that an objection as to jurisdiction of the arbitral tribunal can be raised in a petition under Section 34 for the first time even if omitted to […]
4th Apr, 2018

Limitation period commences for the party making an application for setting aside Arbitration Award from the date of signed copy of the Award being delivered to it.

In a recent judgment, the Supreme Court ruled and reiterated that limitation period prescribed under Section 34(3) of the Arbitration and Conciliation Act would commence only from the date of the signed copy of the […]
3rd Apr, 2018

Applications which causally explain the cause of delay, without explaining each day’s delay is liable to be dismissed.

Each day’s delay has to be properly explained either for filing or for refiling. Where delay is attempted to be explained casually and no effort has been made to explain each day’s delay, application are […]
11th May, 2017

Interim orders cannot be granted in Arbitration proceedings where claim cannot be specifically enforced

Bombay High Court in the matter of B E Billimoira and Company Vs Mahindra Bebanco Developers Limited; Commercial Arbitration Petition (Ldg) No. 29 of 2017 held no interim order can be passed by Court/Arbitrator under […]
2nd May, 2017

Parties by an Agreement can confer jurisdiction upon a Court in Arbitration matters

Supreme Court in the matter of Indus Mobile Vs. Datawind Innovations; Civil appeal no. 5370-5371/2017 in a landmark judgment has modified the understanding of law with regard to jurisdiction of Court. Age old law that […]
17th Mar, 2017

Limitation Act applies to Arbitration and Conciliation Act 1996

Delhi High Court in the matter of Jammu and Kashmir State Power Development Corporation Vs K J M C Global Market; FAO (OS) 263/2016 held It is now well settled that the provisions of the […]
11th Feb, 2017

Mandate of arbitrator shall be terminated where parties agree to terminate proceedings

Delhi High Court in a matter titled as Power Grid Corporation of India Ltd Vs. Deepak Cables (India) Limited; OMP (T)(COMM) 4/2017 decided on 25th January, 2017 held that under  14 (1)(b) of the Arbitration […]
1st Jan, 2017

Parties to an arbitration agreement are free to decide both procedural and substantive law #indianlaws

Parties (to the contract) in the present case intended to provide for two opportunities at resolving their disputes or differences. First was a settlement by arbitration in India (‘arbitration result’) and second was by arbitration […]