The Arbitration and Conciliation Act 1996

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: […]
15th Oct, 2018

Benefit of Section 17 of the Limitation Act is not applicable to proceedings under Section 34 of Arbitration Act. The period of limitation under Section 34(3) of the Arbitration Act is inviolable

The Supreme Court has held that delay in filing of objection cannot be justified on the grounds of Section 17 of the Limitation Act by taking a defence of fraud having been played on the […]
28th Sep, 2018

Stamp Duty not necessary for enforcing foreign Arbitration Awards in India

The Apex Court in a recent judgment have stated that payment of stamp duty under the Indian Stamp Act is not necessary for the enforcement of foreign arbitration awards in India, thereby laying at rest […]
15th Sep, 2018

Appointment of officials of the government as arbitrator where the government itself is a party is hit by Section 12(5) read with Seventh Schedule of the amended Arbitration Act

The Delhi High Court noted that the relationship of Secretary, Ministry of Defence, GOI with the Union of India i.e. respondent in the present matter was hit by Section 12(5) read with Seventh Schedule of […]
8th Sep, 2018

Arbitrator to be appointed should be as per the Arbitration Agreement

The Delhi High Court in a recent matter set aside an award passed by a three-member arbitral tribunal even as the agreement between the parties provided for appointment of a sole arbitrator only. The Single […]
6th Aug, 2018

Prior Notice to other party before filing application to set aside arbitral award not mandatory

  The Supreme Court has held that the requirement [under Section 34(5)] of Arbitration and Conciliation Act of prior notice to the other party before filing an application to set aside an arbitral award is […]
12th Jul, 2018

Arbitral Tribunal has the power to Award interest unless specifically barred from awarding

The Supreme Court has again reiterated that an arbitrator has the power to award interest unless specifically barred from awarding it; and the bar must be clear and specific. This was so held in the […]