The Arbitration and Conciliation Act 1996

10th Mar, 2024

Filing of Arbitration Petition u/S 34 of A&C act without a copy of the impugned Award is non-est

In the matter of Union of India v. NCC Limited [O.M.P (COMM) 66/2023] decided on 23.02.2024 by the Delhi High Court FACTS In the present case the arbitral award was made on 10.02.2022 and received […]
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28th Feb, 2024

No need for notice to invoke fresh arbitration under Section 21 of the Arbitration and Conciliation Act, 1996 where analogous arbitral proceedings pending

In the matter of Prime Interglobe Private Limited vs Super Milk Products Private Limited (ARB. P. 337/2023) decided by the Hon’ble Delhi High Court on 12.12.2023   FACTS: The matter pertained to disputes arising from […]
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18th Feb, 2024

Fraud not being arbitrable due to complexity of evidence is an archaic view and has now become obsolete in view of the contemporary arbitration practice.

In the matter of Nilesh Shejwal vs. Agrowon Agrotech Industries Pvt. Ltd., Commercial Arbitration Petition No. 14/2022 decided by the Hon’ble Bombay High Court on 05.01.2024.   Facts of the case–   The Respondent terminated […]
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13th Feb, 2024

Disputed questions of facts cannot be adjudicated under Section 11(6) of A&C Act

  The Hon’ble Allahabad High Court vide its judgment dated 19.01.2024 in the matter of “M/s. Neelkanth Construction vs. Union of India & Ors.” had the occasion to deal with whether disputed or debatable questions […]
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13th Feb, 2024

Individual / minority members of a Co-operative housing society cannot invoke arbitration clause in a development agreement.

In the matter of Ketan Champaklal Divecha vs. DGS Township Pvt. Ltd. & Anr., Arbitration Application (L) No. 21860/2023 decided by Hon’ble Bombay High Court on 02.01.2024. Facts of the case– A development agreement was […]
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2nd Feb, 2024

Group of Companies doctrine cannot be invoked to implead non-signatory directors of a company in an arbitration proceeding

In the matter of Vingro Developers Private Limited vs. Nitya Shree Developers Private Limited through its Principal Officer & Ors., (ARB. P. 667 of 2023) decided by the Hon’ble Delhi High Court on 24.01.2024.  FACTS: […]
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25th Nov, 2023

Interpreting clauses in a contract differently amounts to re-appreciation of facts – Not permissible under Section 34, Arbitration & Conciliation Act, 1996

The Hon’ble Delhi High Court vide its judgment dated 08.11.2023 in the case of “Raghunath Builder Pvt. Ltd. vs. Anant Raj Ltd.” had the occasion to deal with whether the courts under Section 34 of […]
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29th Oct, 2023

Advocate Commissioner cannot be appointed by the Arbitrator under Section 26 or 27 of the Arbitration and Conciliation Act, 1996 unless the person is an subject expert.

In the matter of M/s Punarnava Ayurveda Hospital Pvt Ltd V The Arbitrator for NH 66 & District Collector Facts: The present case came before Kerala High Court. In the present case the Petitioner’s land […]
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28th Oct, 2023

Compensation for prolongation period can’t be granted if the Contractor didn’t reserve claim for compensation while claiming Extension of Time.

In the matter of IRCON International Ltd vs. DMRC O.M.P (COMM) 165/2023, decided by Hon’ble Delhi High Court on 9.10.2023. Facts of the case- A contract was executed between the parties for work of Supply, […]
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20th Oct, 2023

Interim order for deposit of entire claim cannot be ordered unless conditions of Order 38 Rule 5 are satisfied.

In the matter of Dr. Vivek Jian versus Prepladder Private Ltd., OMP(I) COMM. 397 OF 2022 decided by the Hon’ble High Court of Delhi on 09.10.2023. Universal citation: 2023 DHC 7263   FACTS: The parties […]
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21st Feb, 2023

No clash of interest involved when the adjudicating Arbitrator had accepted brief of party’s lawyer in an unrelated matter previously

In the matter of Quess Corp versus Netcore Cloud Pvt Ltd (Arbitration Petition (L) No. 24705 OF 2022) decided by the Hon’ble Bombay High Court on 17.01.2023   FACTS: After certain disputes arose between the […]
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20th Feb, 2023

Arbitration clause wherein a party is forced to choose an arbitrator from a panel decided by another party falls foul of Section 12(5) r/w Schedule VII of A&C Act

The Hon’ble Bombay High Court vide its judgment dated 27.01.2023 in the matter of “PSP Projects Limited vs. Bhiwandi Nizampur City Municipal Corp., Arbitration Petition No. 89/2021” had the occasion to decide whether arbitration clauses […]
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