The Arbitration and Conciliation Act 1996

11th Jan, 2021

Landlord-tenant disputes are arbitrable as the Transfer of Property Act does not forbid or foreclose arbitration

The 3-judge bench of the Supreme Court in Vidya Drolia v. Durga Trading Corporation, 2020 SCC OnLine SC 1018, decided on 14.12.2020 overruled the ratio in Himangni Enterprises v. Kamaljeet Singh Ahluwalia wherein it was […]
16th Nov, 2020

Any clause in an agreement, that requires one of the contracting parties to make a deposit of amount as a precondition for invoking the arbitration, has to be seen as rendering the entire clause arbitrary, being not only excessive or disproportionate but leading to a wholly unjust situation in arbitration proceedings

Kerala High Court on 28.10.2020 in the matter of Lite Bite Foods Pvt. Ltd. Vs. Airports Authority Of India, reiterated the law declared by the Supreme Court in ICOMM Tele Ltd. v. Punjab State Water […]
16th Sep, 2019

The Courts, while deciding a petition for appointment of Arbitrator, after the amendment of 2015, should restrict themselves to the question as to the existence of an arbitration clause and should not go into preliminary objections/ grounds.

The Hon’ble Supreme Court vide its order dated 05.09.2019, passed by three- judges Bench in M/s Mayavati Trading Pvt. Ltd. vs. Pradyuat Deb Burman bearing Civil Appeal No. 7023/2019, overruled the judgment in United India […]
29th Jul, 2019

The HC which has jurisdiction over ‘Venue’ of Arbitration alone can entertain petition seeking appointment of Arbitrator

The Hon’ble Supreme Court set aside the order of Madras High Court and held that if parties have agreed to have the “venue” of arbitration at certain place, the High Court which has jurisdiction over […]
24th Apr, 2019

In order to claim extended stay compensation, the Claimant ought to substantiate the claim by showing the damages that it has incurred due to such delay and mere delay per se is not sufficient to claim compensation

The Delhi High Court observed that while deciding a petition under Section 34 of the Arbitration and Conciliation Act, 1996, the Courts should not re-assess or re-determine the evidence and interfere with the arbitral award […]
24th Apr, 2019

Person ineligible to be Arbitrator under Sec.12(5) of Arbitration Act cannot appoint another arbitrator

The Supreme Court has held that the appointment of arbitrator by a person who himself is ineligible to be an arbitrator as per Section 12(5) of the Arbitration and Conciliation Act 1996 is void ab […]
19th Apr, 2019

Court cannot appoint an Arbitrator when the contract containing the Arbitration Clause is Insufficiently Stamped

The Supreme Court has held that it would be necessary for the Court before considering and passing final orders on an application under Section 11(6) of the Arbitration Act to await the adjudication by the […]
11th Apr, 2019

Court can appoint independent Arbitrator only after resorting to the procedure in Arbitration Agreement

The Supreme Court recently observed that the High Court(s) while dealing with an application under Section 11(6) of the Arbitration and Conciliation Act, seeking appointment of an ‘independent Arbitrator’, should first resort to the mechanism […]
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 […]