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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Arbitration Act, 1940–Award–Non-speaking order–The Arbitrator is not required to give reasons for his award under the Arbitration Act, 1940 unless the contract itself provides that the arbitrator shall give reasons and the arbitral reference makes it imperative

By | January 13th, 2018|Arbitration|

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December 2017

Arbitration—Objections—Court is not bound to grant opportunities to the parties to lead evidence as in the regular civil suit,

By | December 30th, 2017|Arbitration|

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November 2017

S.34—Objections—Interest on interest— Award granted by arbitrator included principal and interest which collectively amounts to sum payable—Interest on sum payable is permissible and does not amount to interest on interest.

By | November 25th, 2017|Arbitration|

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34—Objections—Limitation—Period of limitation prima facie has to be reckoned from the date of supply of copy of the award.

By | November 25th, 2017|Arbitration|

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Arbitration and Conciliation Act, 1996, S.8–Arbitration Agreement-Once the existence of agreement between the parties is found containing arbitration clause, the jurisdiction of the civil Court in such matter is barred

By | November 22nd, 2017|Arbitration|

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Arbitration & Conciliation Act, 1996 9—Interim Measures—Provision of S.9 are pari materia to the provisions under O.39 R.1 & 2 CPC as it envisages the situation even after passing of the award

By | November 19th, 2017|Arbitration|

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October 2017

Arbitration & Conciliation Act, 1996, S.11(6) & S.12(5)–Arbitrator–Appointment of- -Once the arbitrator has become ineligible by operation of law, he cannot nominate another as an arbitrator. The arbitrator becomes ineligible as per prescription contained in Section 12(5) of the Act. It is inconceivable in law that person who is statutorily ineligible can nominate a person.

By | October 5th, 2017|Arbitration|

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September 2017

Multiple Remedies—When two remedies are provided under a statute even in inconsistent, would continue to be in operation until one of them is elected for application. Arbitration—Execution of Award—Award holder sought recovery under relevant statute as arrears of land revenue—Not necessary that arbitration a ward has to be executed as per provisions of 1996 Act only.

By | September 26th, 2017|Arbitration|

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June 2017

Arbitration & Conciliation Act, 1996, S.31 (S)- Exparte Award-Even if the appellant is proceeded ex parte, the Arbitrator was enjoined upon obligation to send the signed copy of the Award—

By | June 25th, 2017|Arbitration|

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