19 September 2022


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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News

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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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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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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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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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: 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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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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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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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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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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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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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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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: 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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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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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: 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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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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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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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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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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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 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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