“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"
“The clause only bars interest upon earnest money or security deposits or amounts payable to the contractor under the contract. The above-mentioned amounts are amounts which in a sense belong to the contractor. They are amounts voluntarily deposited with the other contracting party in order to be refunded or forfeited depending on performance of the […]Read more "Section 31(7) of The Arbitration Act IV"
My Lord, Consumer-Disputes are Non-Arbitrable? No. The Arbitration Act does not exclude the jurisdiction of the Consumer Forum to decide Consumer-Disputes under The Consumer Act (Skypak Couriers Ltd., (2000) 5 SCC 294). If X opts for Arbitration, it may be possible to state that X cannot, subsequently, file a Complaint under The Consumer Act. However, […]Read more "Section 8 of The Arbitration Act VI: Arbitrable Disputes"
“The Present Appeal arises from the Judgment of a Learned Single Judge of the High Court of Calcutta by which the Respondent’s Application for condoning a delay of 514 days in filing an Application under Section 34 of The Arbitration and Conciliation Act, 1996 was allowed. This Court needs to assess whether the benefit of […]Read more "Section 34(3) of The Arbirtration Act"
“Though there are different agreements involving several parties, it is a single commercial project. All the parties can be covered by the Arbitration Clause in the main agreement. The High Court, in our view, erred in not keeping in view the various clauses in all the three agreements which make them an integral part of […]Read more "Section 8 of The Arbitration Act V"
It had been considered, in earlier times, that an Arbitration Clause in a Government Contract providing that an employee of the department will be the Sole Arbitrator is neither void nor unenforceable [Indian Oil Corporation Limited, (2009) 8 SCC 520; Ace Pipeline Contracts (P) Ltd., (2007) 5 SCC 304; M.P. Gupta, (2004) 10 SCC 504]. […]Read more "Departmental Arbitrators"