Search Results for Tag : Arbitral Award
Judgments
A party to an arbitration proceeding can challenge the arbitral award as soon as he receives it(25.11.2019)
The challenge in present petition under Section 34 of the Arbitration and Conciliation Act, 1996, is to an award/interim award dated May 18, 2019 pass.....
Tags : Arbitral award, Maintainability, Time period
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Limitation period would commence only from date on which signed copy of award delivered to party making the application for setting it aside(27.03.2018)
Appellants have filed present appeals challenging the judgment of the High Court by which the High Court has held that challenge to the arbitral award.....
Tags : Arbitral award, Service, Legality
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Arbitral award shall not to be challenged on the ground that the arbitrator had drawn his own conclusion or had failed to appreciate facts(18.01.2022)
The Appellant-claimant has preferred present appeal against the judgment passed by the Division Bench of the High Court partly allowing the appeal pre.....
Tags : Arbitral award, Appreciation of Facts
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It is impermissible for a court to re-evaluate the material on record and supplant its view over that of the arbitral tribunal(05.12.2022)
The Appellant has filed the present appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 impugning a judgment passed by the lea.....
Tags : Claim, Limitation, Arbitral award
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Appellate Court should generally not interfere unless it is apparent that the perversity of the arbitral award goes to the root of the case(20.03.2023)
Present appeal has been filed challenging the order passed by the learned Single Judge, whereby the objections of the Appellant under Section 34 of th.....
Tags : Arbitral award, Proceedings, Objections
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Principle, ex proprio vigore, would be applicable to arbitrator and multi-member arbitral tribunal as well, particularly when it is faced with a judicial decision ordering a limited remand(19.10.2023)
Present appeal, at the instance of Appellant, registers a challenge to the judgment passed by the High Court dismissing an appeal carried by the Appel.....
Tags : Arbitral award, Quashing of, Validity
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News
Delhi HC: Arbitral Award Cannot be Sustainable Merely Because of Participation of Parties(31.03.2022)
Delhi High Court has held that the participation of any party is insufficient to infuse life to arbitral proceedings if the award is void ab initio on.....
Tags : Delhi High Court, arbitral proceedings, arbitrator, arbitral award
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Karnataka HC: Foreign Arbitral Award Enforceable if Property Within Territorial Jurisdiction(04.04.2022)
Karnataka High Court has held that an international commercial arbitral award rendered between parties that have no link with India can be enforced by.....
Tags : Karnataka High Court, international commercial, arbitral award, territorial jurisdiction
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Delhi HC Dismisses Execution Plea by Decree Holder for Arbitral Award(31.01.2022)
Delhi High Court has dismissed an execution petition filed under Section 36 of the Arbitration & Conciliation Act, 1996 by a Decree Holder for an arbi.....
Tags : Delhi High Court, Execution of Arbitral Award
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Telangana HC: Arbitral Award A Nullity If Passed Beyond Prescribed Period(15.04.2022)
Telangana High Court has held that the provisions of Section 29A of the Arbitration and Conciliation Act, 1996 (A&C Act) are cast in mandatory terms a.....
Tags : Telangana High Court, Arbitral Award, Nullity, Prescribed Period
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Madras HC: Writ Petition is Not Maintainable to Enforce Arbitral Award(18.04.2022)
Madras High Court has observed that a writ petition cannot be filed to enforce an arbitral award when an alternative remedy is available under section.....
Tags : Madras High Court, arbitral award, section 36 of the Arbitration and Conciliation Act, 1996
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Kerala HC: Dissenting Views of Minority Members Does Not Constitute Arbitral Award(18.04.2022)
Kerala High Court has observed that the Arbitral Tribunal can pass only one arbitral award and not multiple awards, stating that dissenting views can'.....
Tags : Kerala High Court, Arbitral Tribunal, arbitral award
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Delhi HC: Arbitral Award Passed in Disregard to Judicial Decisions Conflicts with Public Policy(24.05.2022)
Delhi High Court has held that an arbitral award that is not in consonance with the judicial decisions laid down by the courts of India would be in vi.....
Tags : Delhi High Court, Arbitral Award, Public Policy
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Madras HC: Arbitral Award Not Hit by Adequacy Facet if Reasons Given Not Laconic(02.05.2022)
Madras High Court has held that an arbitral award cannot be set aside on the ground of non-adequacy of reasons as long as the reasons given are not La.....
Tags : Madras High Court, Arbitral award, Laconic
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Madras HC: Enforcement of a Foreign Arbitral Award can be Filed in More Than One High Court(01.06.2022)
Madras High Court has held that more than one High Court can exercise jurisdiction for the recognition and enforcement of an arbitral award if the cla.....
Tags : Madras High Court, Arbitral Award, Jurisdiction
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Karnataka HC: Executing Court Cannot Modify Arbitral Award on the Basis of Memo(10.06.2022)
Karnataka High Court has held that in absence of an application filed under Section 33 of the Arbitration and Conciliation Act, 1996 for correction of.....
Tags : Karnataka High Court, Arbitral Award, Memo
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Madras HC: Arbitral Award Rendered Mechanically, Remits Matter Back To Arbitrator(20.05.2022)
Madras High Court while remitting back the matters has ruled that an arbitral award rendered by the District Collector awarding a lower value to the l.....
Tags : Madras High Court, Arbitration, National Highway Act, Arbitral Award
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Madras HC: Arbitral Award Not Providing Statutory Compensation Under NHA is Perverse(04.05.2022)
Madras High Court has observed that an arbitral award does not provide for payment of compulsory statutory compensation with regard to the land acquir.....
Tags : Madras High Court, arbitral award, National Highways Act, 1956
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SC Strikes Down Law Allowing Kerala to Annul Arbitration Clause and Arbitration Awards(05.05.2022)
Supreme Court has struck down the Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998, saying it was “unconstitutional” as it v.....
Tags : Supreme Court , separation of powers, unconstitutional, arbitral awards, arbitration clause
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SC Upholds Delhi HC Order Directing DMRC to Pay Arbitral Award to DAMEPL(05.05.2022)
Supreme Court has upheld a Delhi High Court order directing the Delhi Metro Rail Corporation to pay over Rs 4,600 crore of arbitral award together wit.....
Tags : Supreme Court , Rs 4,600 crore , arbitral award ,Airport Metro Express Private Limited
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SC: Court Can’t Modify Arbitral Award U/S 34, 37 of Arbitration Act(13.07.2022)
Supreme Court has held that under Section 34 or 37 of Arbitration and Conciliation Act, a Court cannot modify the award passed by the Arbitrator, it c.....
Tags : Supreme Court, Arbitral Award, Modify, Remand
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Chhattisgarh HC: Arbitral Award Vitiated by Serious Fraud And Criminal Conspiracy Can be Set Aside(01.07.2022)
Chhattisgarh High Court has held that an arbitral award that is vitiated by fraud and criminal conspiracy would be void and can be set aside, and the .....
Tags : Chhattisgarh High Court, Arbitral Award, Alternative Remedy
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Delhi HC Grants Time to DMRC for Payment of Outstanding Amount of Arbitral Award to DAMEPL(21.06.2022)
Delhi High Court has granted time to Delhi Metro Rail Corporation (DMRC) to ensure payment of the outstanding amount to Reliance Infrastructure-promot.....
Tags : Delhi High Court, Outstanding Amount, Arbitral Award
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Calcutta HC: Award Holder U/S 36 of Arbitration Act Entitled To Be Secured Of Entire Award Value(23.06.2022)
Calcutta High Court has held that award holder has the statutory safeguard under Section 36 of Arbitration and Conciliation Act to secure the entire a.....
Tags : Calcutta High Court, Arbitral Award, Secure
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Delhi HC Sets Aside Arbitral Award Requiring Antrix to Pay Over 560 Million USD to Devas Multimedia(30.08.2022)
Delhi High Court has set aside a 2015 arbitral award directing Antrix Corporation Limited, commercial and marketing arm of ISRO, to pay US$ 562.2 mill.....
Tags : Delhi High Court, Arbitral Award, Antrix Corporation
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Delhi HC to DMRC: Will Summon MD is Balance Arbitral Award Not Paid to DAMEPL Within 4 Weeks(08.09.2022)
Delhi High Court has directed Delhi Metro Rail Corporation (DMRC) to make balance payment in terms of a 2017 arbitral award to Delhi Airport Metro Exp.....
Tags : Delhi High Court, Arbitral Award, DMRC
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Madras HC: Arbitration Court Not to Embark on Fact-Finding Exercise Within S.34 A&C Act(01.03.2021)
Madras High Court has stated that the exercise undertaken to rewrite the arbitration award by ascribing reasons in support of the claims allowed and q.....
Tags : Madras High Court, Setting Aside of Arbitral Award
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SC: Execute Arbitral Award Secured by DAMEPL Against DMRC in 3 Months(15.12.2022)
Supreme Court has directed execution of Rs 7,200 crore arbitral award won by Delhi Airport Metro Express Private Limited (DAMEPL) against State-owned .....
Tags : Supreme Court, DMRC, Arbitral Award
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Delhi High Court Says No to Defenses Under FEMA For Enforcement of Foreign Arbitral Awards(17.04.2017)
Delhi High Court has held that foreign arbitral award can be enforced in India pertaining to put options, exit at assured return, and guarantee arrang.....
Tags : Delhi High Court, Foreign Arbitral Awards
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Del HC Issues Directions to Centre and State Payment of Unpaid Dues to Reliance Infra(18.03.2023)
Delhi High Court has directed Centre and State to attend to DMRC’s request for extension of sovereign guarantee or subordinate debt to enable it make .....
Tags : Delhi High Court, DMRC, Reliance Infra, Arbitral Award
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SC: No Unusual Treatment to be Given to Govt While Considering Application for Stay of Arbitral Award(15.07.2019)
Supreme Court (SC) had held that there is no unusual treatment to be given to the Government while considering the application for stay under Section .....
Tags : SC, Arbitral Award
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Kerala HC: District Court Has Jurisdiction to Execute Arbitral Award(10.03.2023)
Kerala High Court while evaluating the scheme of Commercial Courts Act, 2015 has held that District Court has the jurisdiction to execute an arbitral .....
Tags : Kerala High Court, Commercial Courts Act, Arbitral Award
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Delhi HC: Foreign State Cannot Claim Sovereign Immunity Against Enforcement of Arbitral Award(23.06.2021)
Delhi High Court has held that a Foreign State cannot claim sovereign immunity under Section 86 of Code of Civil Procedure, 1908 against enforcement o.....
Tags : Delhi High Court, Sovereign Immunity Against Enforcement of Arbitral Award
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SC: After Setting Aside Arbitral Award, Court Can’t Grant Relief by Modifying Such Award(10.05.2023)
Supreme Court has observed that in arbitration cases court cannot modify arbitral award after setting aside the same since it closes the door for the .....
Tags : Supreme Court, Arbitration, Arbitral Award, Modify
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SC: Courts Cannot Modify Award Passed Under Section 34 of Arbitration Act(21.07.2021)
Supreme Court has held that Courts cannot modify an award passed under Section 34 of the Arbitration and Conciliation Act, 1996 in Project Director, N.....
Tags : Supreme Court, Modification of Arbitral Award
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SC: Can’t Set Aside Arbitral Award on Mere Possibility of Alternate Interpretation of Contract(21.08.2023)
Supreme Court while observing that the jurisdiction u/s 34 of A&C Act is exercised only to see if the Tribunal’s view is perverse or manifestly arbitr.....
Tags : Supreme Court, Arbitral Award, Contract
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Calcutta HC: Application to Set Aside Arbitral Award Cannot Be Put on Hold Due to Invocation of IBC(20.01.2020)
Calcutta High Court has stated that an application to set aside an arbitral award under the Arbitration and Conciliation Act, 1996 cannot be kept in a.....
Tags : Calcutta High Court, Set Aside of Arbitral Award, Insolvency and Bankruptcy Code Provisions
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Calcutta HC: Unreasoned Arbitral Awards are Opposed to Public Policy Under Section 34 of A&C Act(21.01.2020)
Calcutta High Court has set aside an arbitral award that was found to be bereft of proper reasoning and application of mind. The Court has held that a.....
Tags : Calcutta High Court Unreasoned Arbitral Award
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Cal. HC to Centre: Probe Fraud Committed by Railways to Obtain Favorable Award(09.08.2023)
Calcutta High Court while unconditionally stayed an arbitral award granted in favour of South Eastern Railways on ground of fraud perpetrated by collu.....
Tags : Calcutta High Court, Arbitral Award, Collusion, Fraud
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SC: Contravention of Statute Cannot Be Ground to Set Aside an Arbitral Award(10.09.2021)
Supreme Court has observed that contravention of a statute which is not linked to public policy or public interest cannot be a ground to set aside an .....
Tags : Supreme Court, Ground to Set Aside an Arbitral Award
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All. HC: Scheme of A&C Act Put no Limitation for Application of Doctrine of Severability to an Award(25.09.2023)
Allahabad High Court has held that scheme of the Arbitration and Conciliation Act, 1996 does not put any limitation on power of the court to apply the.....
Tags : Allahabad High Court, Doctrine of Severability, Arbitral Award
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SC: Arbitral Award Can't be Challenged on Ground That Arbitrator Has Failed to Appreciate Facts(19.01.2022)
Supreme Court has reiterated that the Appellate Court exercising power under Section 30 and 33 of the Arbitration Act, 1940 ought not to reassess or r.....
Tags : Supreme Court, Arbitral Award
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SC: Arbitration Can be Set Aside Only if Award Against Public Policy(14.01.2022)
Supreme Court has stated that an arbitration award under the Arbitration and Conciliation Act, 1996 can be set aside only if it is found to be contrar.....
Tags : Supreme Court, Setting Aside of Arbitral Award
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Calcutta HC: Arbitral Award Holder’s Claim Would Extinguish on Approval of Resolution Plan(10.05.2021)
Calcutta High Court has stated that an arbitral award-holder's claim would stand extinguished upon the approval of a Resolution Plan for the award-deb.....
Tags : Calcutta High Court, Arbitral Award Holder’s Claim
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Delhi HC: Party Can’t Challenge Arbitral Award After Receiving Payment of Decided Amount(29.01.2024)
Delhi High Court has held that a party that has received payment in terms of an arbitral award cannot challenge the award with respect to the disallow.....
Tags : Delhi High Court, Arbitral Award, Disallowed Claims
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Central Government Amends GFRs Permitting Payment of 75% Arbitral Amount to Contractors(10.11.2021)
Central Government has amended the General Financial Rules, 2017 (GFRs), followed by the government departments and agencies, to give effect to a Cabi.....
Tags : Central Government, Payment of Arbitral Award to Contractors
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Del. HC: Court Can’t Set Aside Majority Opinion of the Arbitral Award(02.01.2024)
Delhi High Court has held that a party can’t file a petition u/s 34 of A&C Act for setting aside a majority or a dissenting opinion, as in the event C.....
Tags : Delhi High Court, Arbitral Award, Majority Opinion
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SC: DMRC’s Petition Allowed, Judgement Upholding Arbitral Award In Favour of DAMEPL Set Aside(10.04.2024)
Supreme Court has set aside the judgement that upheld the arbitral award made in favour of Delhi Airport Metro Express Private Limited (DAMEPL) and re.....
Tags : Supreme Court, DAMEPL, DMRC, Arbitral Award
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Allahabad HC: In Execution Proceedings, Challenge Cannot be Made to Arbitral Award u/s 47 of CPC(18.04.2024)
All. HC has held that in execution proceedings under Section 36 of Arbitration and Conciliation Act, 1996, questions to be decided are limited to matt.....
Tags : Allahabad High Court, Execution Proceedings, Arbitral Award, Section 47
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Cal. HC: To Prevent Arbitral Awards from Becoming Meaningless They Should be Made Real(19.04.2024)
Calcutta High Court while hearing an application under Section 9 of the Arbitration and Conciliation Act, 1996, has held that serious attempts must be.....
Tags : Calcutta High Court, S.9 of A&C Act, Arbitral Awards
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Del. HC: Arbitral Award Passed After Inordinate/Unexplained Delay is Contrary to Justice(22.05.2023)
Delhi High Court has held that an arbitral award passed after an inordinate, substantial and unexplained delay is contrary to justice and in conflict .....
Tags : Delhi High Court, Arbitral Award, Unexplained Delay, Justice
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