The Arbitration and Conciliation Act 1996

19th Mar, 2019

Pre-Deposit Clauses to invoke Arbitration Makes Arbitral Process ineffective and expensive

The Hon’ble Supreme Court of India, vide its order dated 11.03.2019 in M/s ICOMM TELE LTD. vs Punjab State Water Supply and Sewerage Board and Anr. Civil Appeal No. 2713 of 2019, struck down the […]
11th Mar, 2019

Applicability of Arbitration and Conciliation Act on the dispute between the landlord and the tenant in the Transfer of Property Act

The Hon’ble Supreme Court of India, in Vidya Drola & Ors. versus Durga Trading Corporation being Civil Appeal No. 2402 of 2019 on 28.02.2019  allowed the arbitration proceeding to resolve dispute between  the landlord and […]
11th Mar, 2019

Objection of unstamped and unregistered arbitration agreement is not an impediment to an arbitrator being appointed under Section 11(6) if there is a valid arbitration clause

The Delhi High Court held that the scope of Section 11(6) of the Arbitration and Conciliation Act, 1996 is limited to examining whether there is a valid arbitration clause between the parties. Objections such as […]
28th Feb, 2019

Independent assessment of merits of award cannot be made in an arbitration appeal.

The Supreme Court has observed that a court while considering an appeal under Section 37 of the Arbitration and Conciliation Act, cannot undertake an independent assessment of the merits of the award. The Supreme Court […]
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 […]