Search Results for Tag : arbitral
Judgments
Arbitrator has power to recall his earlier order of termination of proceedings if sufficient cause is shown by claimant(30.12.2017)
By present petition, the Petitioners have prayed for condonation of delay, in filing petition and prays that, the Procedural Order Sheets passed by th.....
Tags : Arbitral proceedings, Termination, Validity
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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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Pre-deposit clauses to invoke arbitration struck down by Supreme Court as it makes arbitral process ineffective and expensive(11.03.2019)
In present case, the Respondent issued notice inviting tender for extension and augmentation of water supply, sewerage scheme, pumping station and sew.....
Tags : Arbitral process, Pre-deposit, Clause
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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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Civil or Commercial dispute are to be adjudicated and resolved by Arbitral Tribunal unless the jurisdiction of the Arbitral Tribunal is excluded either expressly or by necessary implication(02.08.2021)
By present petition, the Petitioners are seeking issuance of directions to the Respondent No. 1 to proceed with resolution of disputes raised by Petit.....
Tags : Arbitral Tribunal, Adjudication, Powers
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Merely because an application is filed under Section 34(4) of the Arbitration Act by a party, it is not always obligatory on the part of the Court to remit the matter to Arbitral Tribunal(03.01.2022)
Present appeal is filed, aggrieved by the order passed by the High Court of in Commercial Arbitration Petition. The High Court was of the view that th.....
Tags : Section 34(4) of the Arbitration Act, Arbitral Tribunal
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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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Arbitral tribunal has power to award future interests on the awarded amounts, which as expressly provided under Section 31(7)(a), may include interests on the amounts awarded(19.04.2022)
The Petitioner has issued a Notice Inviting Tender for three construction projects. The Respondent being the successful bidder entered into an agreeme.....
Tags : Interest on award, Arbitral Tribunal
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There must be a voluntary and intentional relinquishment of a right and voluntary choice is essence of waiver(27.08.2019)
The instant appeal is directed against the final judgment passed by the High Court whereby the High Court while dismissing the Arbitration Petition he.....
Tags : Award, Arbitral proceedings, Termination
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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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Power of Arbitral Tribunal to pass appropriate orders of interim measures is not eclipsed simply on account of any application being filed under Section 13 of Arbitration Act(14.08.2023)
Present application has been filed seeking setting aside of the order and restoration of appeal.It is submitted that during the pendency of the applic.....
Tags : Arbitral Tribunal, Powers, Interim Measures
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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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Arbitral process could be interfered under Article 226/227 of the Constitution by the High Court only in exceptional circumstances(06.01.2021)
In facts of present case, on 13th February, 1991, Respondent No. 1 entered into a contract with the Appellant to manufacture and supply bricks. The af.....
Tags : Arbitral process, Discretionary power, Jurisdiction
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Notifications & Circulars
Tax on arbitral tribunal services to be borne by recipient(18.05.2016)
Service tax liability for services provided by an arbitral tribunal shall be on the service recipient if it’s a business entity.
The Depar.....
Tags : Service tax, arbitral tribunal, recipient, reverse charge
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News
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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SC: Non-Participation in Arbitral Proceedings Results in Waiver of Right to Object Jurisdiction(30.04.2020)
Supreme Court has held that non-participation in Arbitral proceedings by a party and failure to raise objections before the Arbitrator would preclude .....
Tags : Supreme Court, Non-Participation in Arbitral Proceedings
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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: 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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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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Allahabad HC Extends 12 Months Period for Disposal of Arbitral Proceedings(06.04.2020)
Allahabad High Court has extended the 12 months period stipulated under Section 29A of the Arbitration & Conciliation Act, 1996, for the Arbitral Trib.....
Tags : Allahabad High Court, Disposal of Arbitral Proceedings
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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: 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: 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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Singapore Arbitral Tribunal Injuncts RIL-Future Group Deal in Plea by Amazon(26.10.2020)
Singapore International Arbitration Tribunal has injuncted Reliance Industries Ltd.'s acquisition of some Future Group entities for Rs 24,713 Crores o.....
Tags : Singapore Arbitral Tribunal, RIL-Future Group Deal
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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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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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SC: Arbitral Tribunal Before 2015 Amendment Would Lose Mandate on Violation of Neutrality Clause(05.01.2022)
Supreme Court has held that an arbitral tribunal constituted as per an arbitration clause before the 2015 amendment to the Arbitration and Conciliatio.....
Tags : Supreme Court, Arbitral Tribunal Before 2015 Amendment , Violation of Neutrality Clause
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Bombay HC: Arbitral Tribunal Can’t Appoint HC Receiver as ‘Receiver Under Arbitration Act’(23.03.2017)
Bombay High Court has held that an arbitral tribunal does not have power to appoint Court receiver of High Court as a receiver under Section 17 of Arb.....
Tags : Bombay HC, Arbitral Tribunal
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Delhi HC: Tribunals Should Decide Objections on Its Jurisdiction as Preliminary Issue(12.04.2021)
Delhi High Court has held that following the principle of kompetenze-kompetenze, an Arbitral Tribunal has the power to rule on its own jurisdiction. H.....
Tags : Delhi High Court, Arbitral Tribunal
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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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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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Delhi HC: Petition u/s 9 A&C Act Not Maintainable Against Procedural Orders of Arbitral Tribunal(15.04.2022)
Delhi High Court has ruled that a petition under Section 9 of the Arbitration and Conciliation Act, 1996 (A& Act) for interim measures of protection, .....
Tags : Delhi High Court, Procedural Orders of Arbitral Tribunal
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Delhi HC: Participation in Arbitral Proceedings Does Not Waiver Right to Challenge Appointment(18.02.2022)
Delhi High Court has terminated the mandate of a sole arbitrator appointed unilaterally at the instance of one of the contracting parties. The Court h.....
Tags : Delhi High Court, Participation in Arbitral Proceedings
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SC: Arbitral Tribunal Can Grant Post Award Interest Included in Sum of Award(26.04.2022)
Supreme Court has ruled that the Arbitral Tribunal can grant post-award interest on the sum of the award including the interest component. The Court r.....
Tags : Supreme Court, arbitral tribunal, Section 31(7), Arbitration and Conciliation Act, 1996
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Madras HC: Section 34 Proceedings Are Summary in Nature; Does Not Permit Additional Evidence(29.04.2022)
Madras High Court has ruled that the challenge proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 are summary in nature, hence.....
Tags : Madras High Court, Section 34, Arbitration and Conciliation Act, 1996, arbitral tribunal
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Delhi HC: Arbitral Tribunal Cannot Decrease Liquidated Damages on Guess Work(02.05.2022)
Delhi High Court has ruled the arbitral tribunal can’t reduce the liquidated damages on guesswork if it finds that it is genuine pre-estimated damages.....
Tags : Delhi High Court, Arbitral tribunal, liquidated damages, pre-estimated damages
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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: 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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Delhi HC: Failure to Issue Notice for Additional Payment Does Not Preclude Later Claim(18.04.2022)
Delhi High Court has held that the failure on the part of the contractor to issue notice under the contract does not deprive him of his right to claim.....
Tags : Delhi High Court, contract, arbitral tribunal
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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: Right of Party to File Counter Claims Exists Independently of Any Liberty(22.04.2022)
Delhi High Court has held that any issue on which the Arbitral Tribunal has the jurisdiction to pass a final award can also be the subject matter of a.....
Tags : Delhi High Court, Arbitral Tribunal, Section 34 of the Arbitration and Conciliation Act
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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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Delhi HC: Order by Arbitrator Allowing Meeting at Other Place Will Not Change Seat of Arbitration(08.06.2022)
Delhi High Court has held that order passed by the Arbitrator stating that the arbitral proceedings shall be conducted at any other place would not ch.....
Tags : Delhi High Court, Seat of Arbitration, Arbitral Order
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Arbitral Tribunal can't Award Interest if Agreement Expressly Bars Its Payment: SC(08.02.2019)
Supreme Court has reiterated that arbitrator cannot award interest on award if the agreement expressly prohibits grant of interest.
Tags : Supreme Court, Arbitral Tribunal can't Award Interest if Agreement Expressly Bars Its Payment
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Bombay HC: Arbitral Tribunal Cannot Apply Public Law Principles(21.06.2021)
Bombay High Court while setting aside the arbitration award against the BCCI over the termination of Deccan Chargers from IPL observed that an Arbitra.....
Tags : Bombay HC, Arbitral Tribunal
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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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Del. HC: Rejection of S.34 Plea Under A&C Act Doesn’t Mean Court Concurs Views of Arbitral Tribunal(18.07.2022)
Delhi High Court has held that merely because the challenge to an arbitral award is dismissed by the Court exercising powers under Section 34 of the A.....
Tags : Delhi High Court, Arbitral Tribunal, Concur
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Supreme Court: Court Can't Relegate Parties Before Arbitral Tribunal After Setting Aside Award(24.04.2017)
Supreme Court has held that Section 34 (4) of Arbitration and Conciliation Act 1996, does not empower Court to relegate parties before Arbitral Tribun.....
Tags : Supreme Court, Arbitral Tribunal
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Arbitral Tribunal Holds Zo Rooms Entitled to 7% Shareholding in $9 Billion Valued-Oyo(09.03.2021)
Arbitral Tribunal, in a tussle between Oravel Stays Pvt Ltd (Oyo) and start-up Zostel Hospitality Pvt Ltd (Zostel), has held that Zo Rooms is entitled.....
Tags : Arbitral Tribunal, Oyo-Zostel Arbitration
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Delhi HC: As Is Where Is Condition in License Agreement Not to Absolve Parties from Disclosures(05.04.2022)
Delhi High Court has upheld the award of an Arbitral Tribunal that stipulated that the condition of as is where is basis in an Agreement of License do.....
Tags : Delhi High Court, Arbitral Tribunal, as is where is, License Agreement
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Bombay HC: Court Does Not Have Adjudicatory Powers Under Section 27 of A&C Act(12.04.2022)
Bombay High Court has observed that the Court under Section 27 of the Arbitration and Conciliation Act, 1996 does not have the jurisdiction to conside.....
Tags : Bombay High Court, Section 27 of the Arbitration and Conciliation Act, 1996, arbitral tribunal
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Delhi HC: Claims Raised Before Arbitral Tribunal Cannot be Rejected if Not Mentioned in Notice(13.04.2022)
Delhi High Court has held that it is not necessary that a notice issued under Section 21 of the Arbitration and Conciliation Act, 1996 should quantify.....
Tags : Delhi High Court, Section 21 of the Arbitration and Conciliation Act, 1996, Arbitral Tribunal
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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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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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Delhi HC Upholds NHAI's Challenge Against Arbitral Tribunal's Fee Fixing Authority(17.05.2022)
Delhi High Court has ruled that the Arbitral Tribunal is permitted to fix its fee, if its appointment is made by way of an ad hoc agreement between th.....
Tags : Delhi High Court, Arbitral Tribunal, Agreement
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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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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 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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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: 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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Delhi HC: Arbitral Tribunal Has Power to Vacate/Modify its Earlier Order(04.08.2022)
Delhi High Court has held that arbitral tribunal does not have the power of substantive review of its order; however, it does have the power to vacate.....
Tags : Delhi High Court, Arbitral Tribunal. Vacate/Modify, Interim Order
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Delhi HC: Arbitral Tribunal Cannot Recall the Order Terminating the Arbitral Proceedings(20.10.2022)
Delhi High Court has observed that once the arbitral tribunal terminates the arbitration proceedings on account of claimant withdrawing its claims, it.....
Tags : Delhi High Court, arbitral, termination
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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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Bombay HC: Court Not Powerless to Appoint Appropriate Arbitral Tribunal(30.01.2023)
Bombay High Court has held that even if party’s right to appoint its nominee in Arbitral Tribunal is forfeited because it failed to exercise its right.....
Tags : Bombay High Court, Arbitral Tribunal, Arbitration
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Delhi HC: Can Pass Attachment Order Before Award by Arbitral Tribunal if Circumstances Warrant So(17.04.2023)
Delhi High Court while observing that attachment order can be passed before an award is rendered by Arbitral Tribunal if circumstances so warrant, has.....
Tags : Delhi High Court, Arbitral Tribunal, Attachment Order
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Bom. HC: Commercial Court Can’t be Regarded as Person Or Institution Under Section 11(6) of A&C Act(06.09.2022)
Bombay High Court has held that the jurisdiction and power of the High Court in relation to the appointment of an arbitral tribunal under Section 11 o.....
Tags : Bombay High Court, Appointment, Arbitral Tribunal, Commercial Courts
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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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Delhi HC: Interlocutory Order Rejecting Application for Amendment of Claims is Not Challengeable(12.09.2022)
Delhi High Court has held that all interlocutory orders passed by the Arbitral Tribunal are not amenable to challenge under Articles 226 and 227 of th.....
Tags : Delhi High Court, Arbitral Tribunal, Articles 226, Articles 227
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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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Del HC: Party’s Agreement to Constitute Arb. Tribunal Precludes Them From Opposing Arbitrator’s App.(20.02.2024)
Delhi High Court has held that if once a party has agreed on constituting an arbitral tribunal then it is prohibited from subsequently opposing the ap.....
Tags : Delhi High Court, Arbitrator’s Appointment, Arbitral Tribunal
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Kar. HC: Constitution of Arbitral Tribunal Doesn’t Restrict Application for Interim Relief by Court(25.07.2022)
Karnataka High Court has held that the restriction contained under Section 9(3) of the Arbitration and Conciliation Act, 1996 would not apply once an .....
Tags : Karnataka High Court, Interim relief, Arbitral Tribunal
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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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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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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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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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MP HC: Can’t Object to Jurisdiction After Participating in Arbitral Proceedings Without Protest(14.12.2022)
Madhya Pradesh High Court has held that a party which has participated in the arbitration proceedings without any protest or challenge as to the juris.....
Tags : Madhya Pradesh High Court, Arbitral Proceedings, Jurisdiction, Protest
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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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Del. HC: Updation Application to Change Amount of Counter Claim is an Amendment Application(29.03.2023)
Delhi High Court has held that where a party has filed an application seeking to update its counter claims before Arbitral Tribunal, the said applicat.....
Tags : Delhi High Court, Updation Application, Amendment, Arbitral Tribunal
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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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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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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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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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Delhi HC: Notice Stating Right To Initiate Arbitration Not A Notice U/S 21 A&C Act(20.10.2022)
Delhi High Court has held that a notice issued by a party, stating its right to initiate arbitral proceedings, which it would subsequently initiate if.....
Tags : Delhi High Court, arbitral
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Del HC: Delay in Approaching Authority for Constitution of Tribunal Won’t Render Claims Time Barred(10.02.2023)
Delhi High Court has held that period within which party is required to approach court for constitution of arbitral tribunal, can’t be conflated with .....
Tags : Delhi High Court, Limitation, Claims, Arbitral Tribunal
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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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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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Delhi HC: Membership of Arbitral Institution Not a Pre-Requisite For Invoking Arbitration(26.03.2024)
Delhi High Court has held that the membership of an arbitral institution cannot be insisted upon as a pre-requisite for invoking arbitration.
Tags : Delhi High Court, arbitral institution
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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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