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. […]
Read more "Emergency Arbitrators"There can be no doubt, Section 34 of The Arbitration Act, 1996 cannot be held to include within it a power to modify an Award. It is important to remember, Section 34 is modelled on The UNCITRAL Model Law on International Commercial Arbitration, 1985, under which no power to modify an Award is given to […]
Read more "Section 34 of The Arbitration Act V"What would constitute ‘patent illegality’ has been elaborated in Associate Builders v. Delhi Development Authority, (2015) 3 SCC 49. Union of India v. Bright Power Projects (India) (P) Ltd., (2015) 9 SCC 695 highlighted, the position of law on grant of interest under Section 31(7) of 1996 Act. Though Secretary, Irrigation Department, Government of Orissa […]
Read more "Section 31(7) of The Arbitration Act VI"My Lord, Indian-Companies 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. Union of India, (2017) […]
Read more "Seat of Arbitration II"N.V. International v. State of Assam, (2020) 2 SCC 109 has been wrongly decided and is therefore overruled. For appeals filed under Section 37 of The Arbitration and Conciliation Act, 1996 that are governed by Articles 116 and 117 of The Limitation Act, 1963 or Section 13(1A) of The Commercial Courts Act, 2015 a delay […]
Read more "Section 37 of The Arbitration Act III"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 […]
Read more "Section 11(6) of The Arbitration Act IV"Section 31(1) is couched in mandatory terms. There can be no finality of Arbitral Award, except after it is signed, since signing of the Award gives legal effect and validity to it. The usage of the term ‘shall’ makes it a mandatory requirement. It is not merely a ministerial act, or an empty formality which […]
Read more "Section 31(5) of The Arbitration Act"Two-Judge Bench in ABL International Ltd. v. Export Credit Guarantee Corporation of India, (2004) 3 SCC 553 analyzed a long line of precedent [K.N. Guruswamy, AIR 1954 SC 592; Gujarat State Financial Corporation, (1983) 3 SCC 379; Gunwant Kaur, (1969) 3 SCC 769] to conclude, Writs under Article 226 are maintainable for asserting contractual rights […]
Read more "Writ Jurisdiction in Contractual Arena I"“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, […]
Read more "The Proof of Valid Wills III"My Lord, Appeal under Section 37(1)(c) would be maintainable against an Order refusing to condone delay in filing an Application under Section 34? Yes. It is important to note, the expression “setting aside or refusing to set aside” an Arbitral Award has to be read with the expression “under Section 34”. A refusal to set […]
Read more "Section 37 of The Arbitration Act II"It is well settled, an Arbitration Agreement is distinct and separate; independent from the substantive commercial contract in which it is embedded. Autonomy of Arbitration Agreement is based on twin concepts of separability and kompetenz – kompetenz; which, though inter-related, are distinct. Doctrine of Separability of Arbitration Agreement connotes, invalidity, ineffectiveness or termination of the […]
Read more "Referred to Larger Bench XXV: Doctrine of Separability of Arbitration Agreement"An election of remedies arises when two concurrent remedies are available and the aggrieved chooses to exercise one, in which event he loses the right to simultaneously exercise the other for the same cause of action. Doctrine of Election was discussed in A.P. State Financial Corporation, (1994) 2 SCC 647; P.R. Deshpande, (1998) 6 SCC […]
Read more "The Doctrine of Election"Arbitral Process is strictly conditioned upon time limitation. This Court in P. Radha Bai v. P. Ashok Kumar, (2019) 13 SCC 445 observed: “Section 34(3) reflects the principle of unbreakability. According to this ‘unbreakability’ of time-limit and true to the ‘certainty and expediency’ of the Arbitral Awards, any grounds for setting aside the Award that […]
Read more "Section 34(3) of The Arbitration Act II"Mr. Peter Leaver [Queen’s Counsel], Justice V.K. Gupta [Retd.] and Mr. Anthony Houghton [Senior Counsel] delivered their International Arbitral Award in New Delhi, on 12.05.2014. Majority Award [Mr. Peter Leaver and Mr. Anthony Houghton] was in favor of Anglo American Metallurgical Coal Pty Ltd. and Dissenting Award [Justice V.K. Gupta] dismissed the claim of Anglo […]
Read more "Section 34 of The Arbitration Act IV / Arbitral Award Dissent"We overrule Himangni Enterprises, (2017) 10 SCC 706 and hold, landlord-tenant disputes are Arbitrable as The Transfer of Property Act, 1882 does not forbid or foreclose Arbitration. However, landlord-tenant disputes covered and governed by Rent Control Legislation would not be Arbitrable when a specific Court or Forum has been given exclusive jurisdiction to apply and […]
Read more "Referred to Larger Bench XVIII Answered: Arbitrability, The Transfer of Property Act"The Shashoua Principle has been followed repeatedly in a series of decisions [See, BGS SGS Soma JV v. National Hydro Electric Power Corporation Ltd., 2020 (4) SCC 234]. Court, in facts of this case, is of opinion, it is inessential to explain or notice difference between ‘venue’ and ‘seat’. – Hon’ble Justice S. Ravindra Bhat, […]
Read more "Venue v. Seat, Arbitration"It is not always affordable to approach a Court of Law. Even if approached, it may be years before a final decision. Imtiyaz Ahmad v. State of Uttar Pradesh, (2012) 2 SCC 688 had a simple answer: “Pendency is merely a localized problem… it affects some High Courts far more than others.” Imtiyaz Ahmed v. […]
Read more "The Persistent Illusion of Judge-Strength"The issue of limitation for enforcement of Foreign Awards, being procedural in nature, is subject to the law of the forum where the Foreign Award is sought to be enforced. The Arbitration Act, 1996 does not specify any period of limitation for filing an application for enforcement of a Foreign Award. Section 43 provides, The […]
Read more "The Plea of Limitation XIV: Enforcement of Foreign Arbitral Awards / The Revival of Ray LIII"“Having taken note of the Arbitration Clause existing in two different set of documents between the same parties relating to the same transaction, in order to harmonize or reconcile and arrive at a conclusion as to which of the Arbitration Clauses would be relevant in the instant fact, it would be necessary for us to […]
Read more "Different Arbitration Clauses"“It is clear, ‘serious allegations of fraud’ arise only if either of the two tests laid down are satisfied, and not otherwise. The first test is satisfied only when it can be said, the Arbitration Clause or agreement itself cannot be said to exist in a clear case in which Court finds, the party against […]
Read more "Arbitrability of Fraud"
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