The Arbitration and Conciliation Act 1996

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 […]
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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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20th Aug, 2021

Clearing cloud over jurisdiction of court in entertaining petitions under Sections 9, 11 and 34 of Arbitration and Conciliation Act, 1996

Determination of jurisdiction of a court in entertaining petitions under Sections 9, 11 and 34 of Arbitration and Conciliation Act, 1996 (Act), in respect of domestic arbitration to say the least, is confusing. It gets […]
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21st Jul, 2021

It is beyond the scope of Section 11 of the Arbitration and Conciliation Act, 1996 to decide contentious issues regarding the disputes between the parties

In the matter of Jyoti Sarup Mittal. vs. The Executive Engineer -XXIII, South Delhi Municipal Corporation in ARB. P. No. 275/2021 decided on 12.07.2021 by the Delhi High Court. Facts: The Petitioner, a government contractor […]
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10th Jul, 2021

An arbitration clause in unsigned invoice would still be a valid arbitration agreement if both parties are shown to have acted and accepted the conditions stipulated in the invoice

In the matter of Swastik Pipe Ltd. vs. Shri Ram Autotech Pvt. Ltd. in ARB. P. No. 241/2021 decided on 05.07.2021 by the Delhi High Court. Facts: Disputes arose between the parties due to non-payment […]
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28th Jun, 2021

The prior consent of Central Government is not necessary under Section 86(3) of the Code of Civil Procedure to enforce an arbitral award against a Foreign State.

In the matters of KLA Const Technologies Pvt. Ltd. Vs. The Embassy of Islamic Republic of Afghanistan, OMP (ENF) (COMM) 82/2019 and Matrix Global Pvt. Ltd. Vs. Ministry of Education, Federal Democratic Republic of Ethiopia, […]
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4th Jun, 2021

An award of compound interest to one of the parties cannot be a ground to set aside an arbitral award under Section 34(2) of the Arbitration and Conciliation Act, 1996.

In the matter of Steel Authority of India Limited v M/S Jaldhi Overseas PTE Ltd. O.M.P. (COMM.) 168/2021 & IA Nos. 6068/2021 & 6070/2021 decided on 28.05.2021 by the Delhi High Court. FACTS- The disputes […]
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21st May, 2021

Only those disputes which existed on the date of reference to arbitration are within the scope of such arbitration and not any subsequent dispute

In the matter of Raghuvir Buildcon Pvt. Ltd. Vs. Ircon International Limited in Arb. A. (Comm) 15/2021 decided on 18.05.2021 by the Delhi High Court. Facts: After disputes arose between the parties, the respondent threatened […]
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18th May, 2021

An application under Section 8 of the Arbitration and Conciliation Act, 1996 is not maintainable after admission of Section 7 IBC petition as the dispute becomes non-arbitrable

In the matter of Indus Biotech Private Limited vs. Kotak India Venture (Offshore) Fund & Ors. in Civil Appeal No. 1070/ 2021 and Arbitration petition (Civil) No. 48/2019 decided on 26.03.2021 by the Supreme Court. […]
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16th May, 2021

In an arbitration proceeding, mere absence of supporting affidavit under Section 65B of the Indian Evidence Act, 1872 will not render electronic document inadmissible or unreliable

In the matter of Megha Enterprises & Ors. Vs. M/s Haldiram Snacks Pvt. Ltd. In O.M.P.(COMM) No. 79/ 2021 decided on 15.04.2021 by the Delhi High Court. Facts: Petition was filed under Section 34 of […]
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16th May, 2021

Mere correspondence between the parties would not extend the period of limitation for filing an application under Section 11 seeking the appointment of an arbitrator.

Secunderabad Cantonment Board v. B. Ramachandraiah and Sons decided on 15.03.2021 by the Hon’ble Supreme Court FACTS: The present matter involves appeals that arise out of petition under Section 11 of the Arbitration and Conciliation […]
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16th May, 2021

Existence of an arbitration clause does not debar the Court from entertaining a writ petition.

In the matter of Uttar Pradesh Power Transmission Corporation Ltd. and Anr Vs. CG Powe and Industrial Solutions Limited and Anr. in SLP (C) No. 8630/2020 decided on 12.05.2021 General Conditions of the composite contract […]
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