“It will be noticed that ‘validity’ of an Arbitration Agreement is apart from its ‘existence’. One moot question that therefore, arises, and which needs to be authoritatively decided by a Bench of Three Learned Judges, is whether the word ‘existence’ would include weeding-out Arbitration Clauses in agreements which indicate that the subject-matter is incapable of […]Read more "Referred to Larger Bench XVIII: Arbitrability, The Transfer of Property Act"
“The principle of ‘incorporation by reference’ of an Arbitration Clause, from another document or contract is a well-established principle in Arbitration Jurisprudence [Clements v. Devon Country Insurance Committee,  1 KB 94; Macleod Ross and Co. Ltd. v. Compagnie d’ Assurances Generales L’Helvetia of St Gall,  1 Lloyd’s Rep 12 (CA)]. This principle has […]Read more "Section 7(5) of The Arbitration Act IV"
“As far as Section 34 is concerned, the position is well-settled by now that the Court does not sit in appeal over the Arbitral Award and may interfere on merits on the limited ground provided under Section 34(2)(b)(ii). Arbitral Awards may not be interfered with if the view taken by the Arbitrator is a possible […]Read more "Section 34 of The Arbitration Act"
My Lord, Interest? No. “The High Court has held that no interest is payable. Arbitrators are creatures of agreements. G.C. Roy, (1992) 1 SCC 508 exhaustively dealt with power of the Arbitral Tribunals to grant pre-reference and pendente lite interest. Of course, 1940 Act was in vogue at that time. In Reliance Cellulose Products Ltd., […]Read more "Section 31(7) of The Arbitration Act V"
“After the Amendment to The Arbitration and Conciliation Act, 2015 – Section 12(5) prohibits the employee of one of the parties from being an Arbitrator. In the present case, the agreement between the parties was entered into on 28.01.2000 and the Arbitration Proceedings commenced way back in 2009 and thus, the respondent cannot invoke Section […]Read more "Section 12(5) of The Arbitration Act II"
“The present case is governed by The Pre-Amended 1996 Act [See, Section 15(2)]. This Court in ACC Ltd. v. Global Cements Ltd., (2012) 7 SCC 71 held that the procedure agreed upon by the parties for the appointment of the Original Arbitrator is equally applicable to the appointment of a Substitute Arbitrator, even if the […]Read more "Section 15(2) of The Arbitration Act III"
“Section 26 of The Arbitration and Conciliation (Amendment) Act, 2015 has to be construed literally first, and then purposively and pragmatically. Section 26 is indeed in two parts, separate and distinct. Whereas the first part refers only to Arbitral Proceedings before an Arbitral Tribunal, the second part refers to Court Proceedings “in relation to” Arbitral […]Read more "Section 26 of The Arbitration Act"