The Arbitration and Conciliation Act 1996

11th Jan, 2019

Former employee not disqualified from acting as an Arbitrator, even after 2015 Amendment to the Arbitration and Conciliation Act 1996

The Supreme Court has held that the Arbitration and Conciliation Act, 1996, does not disqualify a former employee from acting as an arbitrator provided that there are no justifiable doubts as to his independence and […]
10th Jan, 2019

The purpose of Section 31(2) of the Arbitration and Conciliation Act 1996 is to ensure that the absence of minority members of tribunals do not lead to any fresh litigation.

The Hon’ble High Court of Delhi held that where an award has been signed by the majority of the members of the arbitral tribunal, such an award will be an award of the arbitral tribunal, […]
21st Dec, 2018

Section 14 of the Limitation Act is applicable to a proceeding under Section 34 of the Arbitration and Conciliation Act, 1996 subject to the mandatory time limit of thirty days

The Apex court reiterated that benefit of Section 5 of the Limitation Act is not applicable to a proceeding under Section 34 of the Arbitration and Conciliation Act, 1996 and the time period of thirty […]
18th Dec, 2018

Jurisdiction to execute foreign arbitration award continues with the High Court, despite the change in pecuniary jurisdiction as per 2015 amendment to Delhi High Court Act

The Delhi High Court has held that jurisdiction to execute foreign arbitration award continues with the High Court, despite the change in pecuniary jurisdiction as per 2015 amendment to Delhi High Court Act. The said […]
15th Dec, 2018

Any Challenge to appointment of Arbitrator should be raised before the Arbitrator himself in the first instance

The Supreme Court has held that any challenge to the arbitrator appointed should be raised before the arbitrator himself under Section 13 of the Arbitration and Conciliation Act 1996 in the first instance and thereafter […]
21st Nov, 2018

Application under Order II Rule 2 Code of Civil Procedure cannot be considered by court u/s 11 Arbitration & Conciliation Act, 1996

The Delhi High Court recently held that courts cannot consider the question of viability of a claim as under Order II Rule 2 of the Code of Civil Procedure, while hearing a petition under Section […]
12th Nov, 2018

Submission of first statement on the substance of dispute amounts to waiver of arbitration clause

In a contract which provides for arbitration in case of dispute between parties, if a party files its first statement on the dispute before a court of law without resorting to Section 8 of the […]
2nd Nov, 2018

Submission of first statement on the substance of dispute amounts to waiver of arbitration clause

In a contract which provides for arbitration in case of dispute between parties, if a party files its first statement on the dispute before a court of law without resorting to Section 8 of the […]
31st Oct, 2018

A Court deciding Section 34 petition has no jurisdiction to remand the matter to Arbitrator for Fresh Decision

The Supreme Court has reiterated that the court while deciding a petition under Section 34 of the Arbitration and Conciliation Act has no jurisdiction to remand the matter to the arbitrator for a fresh decision. […]
18th Oct, 2018

High Court does not enjoy Appellate or Supervisory jurisdiction in adjudicating objections to Arbitration Award

A contract was granted for installation of power cables to M/s L S Cables (LSC). The contract granting company was M/s Power Grid Corporation (PGC). The agreement was signed between the parties on 22nd May, […]
18th Oct, 2018

‘Association’ referred under Section 2(1)(f)(iii) of The Arbitration and Conciliation Act would include a Consortium of Companies, one of which being a Foreign Company

The Supreme Court while holding that an ‘association’ referred to in the definition of International Commercial Arbitration under Section 2(1)(f)(iii) of the Arbitration and Conciliation Act, 1996, would include a consortium consisting of two or […]
17th Oct, 2018

Arbitration agreement can be retrospectively applicable if the conduct of parties indicate that they continued to do business on similar terms

This was held by the Hon’ble High Court of New Delhi in the matter of Connaught Plaza Restaurants Pvt. Ltd. v. Radhakrishna Foodland Pvt. Ltd., OMP(I)(COMM) No. 103 of 2018, on 17th September, 2018. Challenge: […]