The Arbitration and Conciliation Act 1996

20th Feb, 2023

Appeal against the order passed u/s 36 of the A&C Act is not maintainable u/s 13 of the Commercial Courts Act, 2015.

In the matter of H P Cotton Textile Mills Ltd Vs. Oriental Insurance Company Limited, EFA (OS) (COMM) 15/2018, decided by the Hon’ble Delhi High Court on 23.01.2023. Facts of the Case- The appellant had […]

15th Nov, 2022

Institution of an Arbitration proceedings without authority is not a curable defect.

In the matter of Sushma Arya and Ors Vs. Palmview Overseas Ltd. and Ors., Comm. Arbitration petition (L) No. 25249 of 2022, decided by Hon’ble Bombay High Court on 01.11.2022 Facts of the case- When […]

15th Nov, 2022

Subsequent Agreements prescribing Arbitration do not bind parties when MOU forming basis of claim does not contain Arbitration clause

In the matter of M/s Soben Contract and Commercial Ltd. Versus M/s Qonquests Technical Solutions Pvt. Ltd. and others (FAO COM 3/2021) decided on 04.11.2022 by the Hon’ble Punjab and Haryana High Court. FACTS: […]

7th Nov, 2022

Issue of arbitrability to be decided by the arbitrator

The Hon’ble Supreme Court vide its judgment dated 04.11.2022 in “VGP Marine Kingdom Pvt. Ltd. & Anr. v. Kay Ellen Arnold” had the occasion of dealing with whether courts should delve into the question of […]

7th Nov, 2022

Notice stating right to initiate Arbitration not a valid notice under Section 21 of Arbitration and Conciliation Act, 1996.

The Delhi High Court has ruled that a notice issued by a party merely stating its right to initiate arbitral proceedings which it would subsequently initiate if the payment was not made by the opposite […]

23rd Mar, 2022

Contempt jurisdiction would not cease merely because order is executable

The Hon’ble Supreme Court (hereinafter referred to as SC) vide its order dated 10.03.2022 in the matter of “Urban Infrastructure Real Estate Fund vs. Dharmesh S. Jain & Anr., Contempt Petition (C) no. 940 of […]

21st Feb, 2022

Party without notice of Section 11 Petition filed by other party is free to appoint Arbitrator

In the matter of M/s Durga Welding Works v Chief Engineer, Railway Electrification, Allahabad and Anr. [Civil Appeal No. 54 of 2022] decided by Hon’ble Supreme Court on 04.01.2022 Facts A contract agreement was executed […]

16th Feb, 2022

Section 5 of the Limitation Act, 1963 cannot be invoked to condone delay beyond the period prescribed under Section 34(3) of the Arbitration and Conciliation Act, 1996.

In the matter of Mahindra and Mahindra Financial Services Ltd. v Maheshbhai Tinabhai Rathod & Ors. [Civil Appeal No. 11478 of 2014] decided by Hon’ble Supreme Court on 16.12.2021 Facts Respondent (Maheshbhai Tinabhai Rathod) availed […]

15th Feb, 2022

Courts cannot enter into the merits of a case, while deciding an appeal under Section 37 of the Arbitration and Conciliation Act.

In the matter of Haryana Tourism Limited Vs. M/s Kandhari Beverages Limited, Civil Appeal no. 266 of 2022 decided by the Hon’ble Supreme Court on 11.02.2022. Facts of the case: Haryana Tourism Corporation had accepted […]

21st Oct, 2021

Contract containing a specific clause which expressly bars payment of interest, then it is not open for the arbitrator to grant pendente lite interest.

The Supreme Court in the matter of Garg Builders vs Bharat Heavy Electricals Limited S.L.P. (C.) No. 16320 of 2018 decided on 04.10.2021 had an opportunity to deal with the issue whether an arbitrator can […]

4th Oct, 2021

Even if an application under Section 9 of A&C Act, 1996 had been entertained before the constitution of the tribunal, the court retains discretion to direct the parties to approach the arbitral tribunal

While deciding the matter of Arcelor Mittal Nippon Steel India v. Essar Bulk Terminal Ltd. the Hon’ble Supreme Court on 14.09.2021 has further clarified the scope of court’s power to entertain and adjudicate applications for […]

31st Aug, 2021

Section 9 Arbitration Act shall be applicable to Foreign Arbitration unless expressly excluded by Parties in Arbitration Agreement.

In the matter of Medima LLC v. Balasore Alloys Limited in AP/267/2021 decided by the Calcutta High Court on 03.08.2021. BACKGROUND OF THE CASE: The petitioner had been awarded an amount of price USD […]

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