March 2020

Arbitration—Award—Objections—Prescribed period of limitation start from the date on which the copy of signed award was delivered to the party

By | March 10th, 2020|Arbitration|

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Arbitration—Exparte Award—Once the matter had been adjourned sine die; it became incumbent upon the Arbitrator to have issued notice regarding resumption of proceedings

By | March 10th, 2020|Arbitration|

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Arbitration—Award—Objections—Benefit for exclusion of period consumed before wrong forum is extendable—But in totality objections should be filed within time as prescribed

By | March 10th, 2020|Arbitration|

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Arbitration—Award—Objections–In absence of clear exclusive territorial jurisdiction clause; Courts at place were agreement was executed, would be competent to deal with objections

By | March 2nd, 2020|Arbitration|

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Arbitration—Award—Objections–In absence of clear exclusive territorial jurisdiction clause; Courts at place were agreement was executed, would be competent to deal with objections

By | March 1st, 2020|Arbitration|

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Arbitration—Award—Objections—Limitation for filing—Government department cannot be allowed to take benefit on account of the inter­ departmental delay

By | March 1st, 2020|Arbitration|

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February 2020

November 2019

Eviction Petition—Arbitration Clause in Rent Deed—Reference to Arbitrator–Arbitrator held it has jurisdiction to entertain the dispute—High Court has no jurisdiction to entertain any challenge to such order passed by Arbitrator

By | November 11th, 2019|Arbitration|

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September 2019

Arbitration—Interest on Award—The accrued interest merges into the amount awarded and becomes decreetai amount—Claiming of interest upon said ‘ decreetal amount’ subsequently does not amount to charging of “interest on interest’.

By | September 17th, 2019|Arbitration|

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July 2019

Arbitration—Objections—District Judge cannot remand the matter back to the Arbitral Tribunal—District Judge has to hear the same on merits

By | July 7th, 2019|Arbitration|

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Arbitration—Exparte Award—If a party is proceeded against exparte during the arbitration proceedings, then he cannot be allowed to challenge the award on merits under Section 34 of the Act

By | July 5th, 2019|Arbitration|

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June 2019

Arbitration Agreement—Photocopy of Agreement along with application for appointment of arbitrator can be considered by court if there is no dispute between the parties with regard to such agreement

By | June 6th, 2019|Arbitration|

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May 2019

Misconduct by Arbitrator-­ Appointment of Arbitrator stood cancelled and new arbitrator was appointed-But despite termination of his appointment first arbitrator continue to hold arbitration proceedings and pass awards-Held; Any award passed after termination of appointment is without jurisdiction and is liable to be set aside

By | May 20th, 2019|Arbitration|

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March 2019

Arbitration & Conciliation Act, 1996, S.7–Arbitration Agreement—Once the agreement has been admitted by the parties to agreement is being relied upon by both of them in another suit for seeking royalty and declaration; then they cannot approbate and reprobate in the same breath and claim that arbitration clause in the same very agreement is not applicable to them

By | March 4th, 2019|Arbitration|

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September 2018

Arbitration & Conciliation Act, 1996, S.48–Execution of Award—Foreign arbitral award—Relevant date for conversion of foreign currency into Rupee is the day when the objections under S.48 were finally disposed of.    

By | September 30th, 2018|Arbitration|

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July 2018

Arbitration—Different agreements between several parties for a single commercial project and all the agreements are interconnected—In such a case all the parties can be covered by the arbitration clause in the main agreement even if in some agreement there is no arbitration clause and such parties are not signatory to main agreement containing arbitration clause. Arbitration—Plea of Fraud—Duty of the Court is to impart “sense of business efficacy” to the commercial transactions pointing out that mere allegations of fraud were not sufficient to decline to refer the parties to arbitration.

By | July 25th, 2018|Arbitration|

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March 2018

Arbitration—Agreement with labour union providing a mechanism to help parties settle terms of contract in dispute cannot be construed as an arbitral agreement.

By | March 24th, 2018|Arbitration|

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January 2018

Arbitration—Objections— No appeal is provided against an order condoning the delay in filing the petition u/s 34 of the Act as such—Hence, the remedy of Letters Patent Appeal against that decision is not available.

By | January 14th, 2018|Arbitration|

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