While Bombay High Court (Dirk India Pvt. Ltd. v. Maharashtra State Electricity Generation Co. Ltd., 2013 SCC OnLine Bom 481), Delhi High Court (Nussli Switzerland Ltd. v. Organizing Committee Commonwealth Games, 2010, 2014 SCC OnLine Del 4834 as well as National Highways Authority of India v. Punjab National Bank, 2023 SCC OnLine Del 4810), Madras […]
Read more "Section 9 of The Arbitration Act II"Justice Raveendran in Jagdish Chander v. Ramesh Chander, (2007) 5 SCC 719 held, words used should disclose a determination and obligation to go for Arbitration and not only provide for a possibility of going to Arbitration. When words provide only a possibility, same does not constitute a valid Arbitration Agreement. – Hon’ble Justice Sanjay Karol, […]
Read more "Can"We are in complete agreement with observations of G. S. Patel J in Lite Bite Foods Pvt. Ltd. v. AAI, 2019 SCC OnLine Bom 5163, that, “The guiding principle is neutrality, independence, fairness and transparency even in Arbitral-Forum selection process.” It would not be unreasonable for a party to apprehend, an Arbitrator unilaterally appointed by […]
Read more "Section 12(5) of The Arbitration Act VI"Court has, on multiple occasions, noted, a contractual clause which bars payment of interest is interpreted differently under 1940 Act and 1996 Act. In fact, while deciding cases under 1996 Act, Court has been slow to rely on principles laid down under 1940 Act, considering legislative incorporation of Arbitrator’s power to grant interest through Section […]
Read more "Section 31(7) of The Arbitration Act XI"Disortho and Meril executed an Agreement for distribution of medical products in Colombia. Clause 16.5, clear and unambiguous, explicitly states, entire Agreement shall be governed by and construed in accordance with laws of India and all matters arising from Agreement shall fall under jurisdiction of Courts in Gujarat. Given this, it is reasonable to assume, […]
Read more "Arbitration in Bogotá, Court in Gujarat"Union of India v. Tantia Constructions Limited, 2021 SCC OnLine SC 271 prima facie disagreed with Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (JV), [2019] 16 SCR 1234. In present reference, we have upheld decisions of this Court in TRF Ltd. v. Energo Engineering Projects Ltd., [2017] 7 SCR 409 and Perkins Eastman Architects DPC […]
Read more "Referred to Larger Bench XXX Answered: Unending Suspicion and Endless Cycle of Mistrust"It cannot be declared as a general rule, merely because a legal proceeding is not a ‘suit’, it would be completely exempted from application of principles underlying Order 23, Rule 1. These principles, being in nature of public policy, bring efficiency and certainty to administration of justice by any Court and should be invoked and […]
Read more "Order 23, Rule 1 of The Code of Civil Procedure, 1908"Hon’ble Justice J.B. Pardiwala described, ‘tenure’ is derived from Latin: ‘tenere’, which means ‘to hold’.”[1] In a ‘tenure’ what does one even ‘hold’ considering Hon’ble Justice Dr. D.Y. Chandrachud himself declares, “We may not be masters of our destiny. Nor can we control what life has in store. What we can determine is how we […]
Read more "Justice Dr. D.Y. Chandrachud’s Tenure"Explanation 1 to Section 34(2)(b)(ii) of Arbitration Act, added through Amendment, 2015, specifies, an Arbitral Award is in conflict with public policy of India only if (i) making of Award was induced or affected by fraud or corruption or was in violation of Section 75 or Section 81; or (ii) it is in contravention with fundamental policy of […]
Read more "Most Basic Notions of Justice"We accept view taken by High Courts of Delhi, Jammu and Kashmir and Ladakh, Bombay, Kerala, Madras and view expressed by High Court at Calcutta. Section 29A(4) requires interpretation. It states, where Arbitral Award is not made within specified period of 12 months [Section 29A(1)] or extended period of 6 months [Section 29A(3)], mandate of […]
Read more "Section 29A(4) of The Arbitration Act"Arbitral Award made by Arbitral Tribunal on 30th June, 2022 was served on same day. In view of Section 12(1) of The Limitation Act, 1963, 30th June, 2022 will have to be excluded while computing limitation period. Thus, in effect, period of limitation started running on 1st July, 2022, period of limitation being of 3 […]
Read more "Section 34(3) of The Arbitration Act III"Appellate Court under Section 37 is to decide, whether jurisdiction under Section 34 has been exercised rightly or wrongly. As observed, scope of interference under Section 34 is very narrow; jurisdiction under Section 37 is narrower [UHL Power Company Limited v. State of Himachal Pradesh, (2022) 4 SCC 116]. There is no statutory embargo on […]
Read more "Section 37 of The Arbitration Act IV"Arbitrator does not do pro bono work. For him, it is a professional assignment. Arbitrator who accepts an appointment cannot say, he will not fix a meeting to conduct Arbitral Proceedings or a hearing date unless parties request him to do so. It is duty of an Arbitral Tribunal to do so. Section 32 of […]
Read more "Section 32 of The Arbitration Act"Curative Petition (C) No. 44 of 2023 Review Petition (C) No. 704 of 2021 Civil Appeal No. 1599 of 2020 _____ Approach of Majority in N.N. Global 2 would render unstamped agreements void ab initio and not void. _____ We enter into contracts or agreements several times in our interactions with others. To hold an […]
Read more "Referred to Larger Bench XXV Answered Again: Doctrine of Separability of Arbitration Agreement"McDermott International Inc. v. Burn Standard Company Limited, (2006) 11 SCC 181 has referred to various methods of computation of damages. In particular, reference has been made to Hudson’s formula, Emden’s formula and Eichleay’s formula. The computation of damages should not be whimsical and absurd resulting in a windfall and bounty for one party. The […]
Read more "Hudson, Emden, Eichleay"Court did not in Dakshin Haryana Bijli Vitran Nigam Ltd. v. M/s. Navigant Technologies Pvt. Ltd., 2021 (1) SCR 1135 direct, a Dissenting Opinion to be treated as an Award. This approach is correct. There appears to be a slight divergence in thinking between Russell and Gary Born. It is evident, a Dissenting Opinion cannot […]
Read more "Slight Divergence of Russell and Gary Born"02-11-2018 – 15-05-2023 The rule flowing from the maxim ‘generalia specialibus non derogant’ has been i) considered in Hari Shankar Jain, (1978) 4 SCC 16 and ii) explained in Mary Seward v. Owner of “Vera Cruz”, (1884) 10 AC 59, 68. Pharmacy Council of India v. Dr. S.K. Toshniwal Educational Trusts, [Transfer Petition (Civil) Nos. 87-101 of 2014]. […]
Read more "Random Collectibles of Justice M.R. Shah at Supreme Court"As per Section 21 of The Principal Act, Arbitral Proceedings commence on date on which a request for Arbitration is received. Union of India v. Parmar Construction Company, (2019) 15 SCC 682, which is directly on point, specifically observed, The Amendment Act shall not apply to Arbitral Proceedings which commence, before coming into force […]
Read more "Arbitration Notice"Intercontinental Hotels Group (India) Private Ltd. v. Waterline Hotels Pvt. Ltd., 2022 SCC OnLine SC 83 on issue of insufficiently/incorrectly stamped documents, proceeded to appoint an Arbitrator under Section 11(6) of The Arbitration and Conciliation Act, 1996 – considering, time-sensitivity. A sufferance of stamp deficiency is a curable defect. Arbitration Act does not specifically […]
Read more "Referred to Larger Bench XXV Answered: Doctrine of Separability of Arbitration Agreement"In Banchhanidhi Rath v. State of Orissa, (1972) 4 SCC 781 this Court declared, if a right is claimed in terms of a contract such a right cannot be enforced in a Writ Petition. In Har Shankar v. Dy. Excise and Taxation Commr., (1975) 1 SCC 737 a Constitution Bench of this Court observed, Writ […]
Read more "Writ Jurisdiction in Contractual Arena II / The Revival of Ray LXXXVIII"
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