Section 34(4) of The Arbitration Act

To differentiate between ‘findings’ and ‘reasons’, Mr. K.V. Vishwanathan relied on Income Tax Officer, A-Ward, Sitapur v. Murlidhar Bhagwan Das, AIR 1965 SC 342. It is clear, “finding is a decision on an issue”. J. Ashoka v. University of Agricultural Sciences, (2017) 2 SCC 609 held, “reasons are the links between the materials on which […]

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Fraud I

As per settled proposition of law, mere mentioning and using of word ‘fraud’/’fraudulent’ is not sufficient to satisfy test of ‘fraud’. Hon’ble Justice Vivian Bose, Bishundeo Narain v. Seogeni Rai, (1951) SCR 548: “Now if there is one rule which is better established than any other, it is – in cases of fraud, undue influence and […]

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Time of Essence

Welspun Specialty Solutions Limited was formerly known as Remi Metals Gujarat Limited. Arbitral Tribunal held, merely having a clause in contract making ‘time of essence’ would not be determinative. Learned Senior Counsel, appearing for Remi Metals (now Welspun), submitted, view taken by Arbitral Tribunal was reasonable, plausible and can be sustained. We need to ascertain […]

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Section 9 of The Arbitration Act

Section 9 as originally enacted, has been renumbered as Section 9(1). 2015 Amendment Act has also incorporated Sub-Section (2) and Sub-Section (3). Section 9(1), as amended, enables a party to an Arbitration Agreement to apply to a Court for interim measures of protection before or during Arbitral Proceedings, or at any time after an Arbitral […]

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Section 48 of The Arbitration Act

In Emkay Global Financial Services Ltd. v. Girdhar Sondhi, (2018) 9 SCC 49 a question arose under the pari materia provision contained in Section 34 as to what the expression ‘proof’ means therein. After referring to a number of High Court Judgments, and Section 34, in which the expression “furnishes proof” is now substituted by […]

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Emergency Arbitrators

Court has referred to party autonomy as being one pillar for Arbitration [Antrix Corporation Ltd. v. Devas Multimedia Pvt. Ltd., (2014) 11 SCC 560; Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., (2016) 4 SCC 126; Centrotrade Minerals & Metal Inc. v. Hindustan Copper Ltd., (2017) 2 SCC 228; PASL Wind Solutions Pvt. Ltd. […]

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Seat of Arbitration II

My Lord, Two Companies, incorporated in India, can Arbitrate outside India? Yes. It is clear, there can be more than one ratio decidendi to a Judgment. Jacobs v. London County Council, (1950) 1 All ER 737 has been followed in State of Gujarat v. M.P. Jadeja, (2013) 2 SCC 300 and in Shayara Bano v. […]

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Section 11(6) of The Arbitration Act IV

The 1996 Act has been framed for expeditious resolution of disputes. Various time lines have been provided [Section 8; Section 9(2); Section 13; Section 16(2); Section 34(3)]. The 1996 Act was amended by The Arbitration and Conciliation (Amendment) Act, 2015 to incorporate further provisions for expeditious disposal of Arbitral Proceedings [Section 11(13); Section 29A; Section […]

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The Proof of Valid Wills III

“Inheritance is in some sort a legal and fictitious continuation of the personality of the dead man for the representation is in some sort identified by the law with him who he represents.” In Chiranjilal Shrilal Goenka, (1993) 2 SCC 507 the primary question arose, whether an Arbitrator appointed by Court, by consent of parties, […]

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