Arbitral Proceedings Archives

Delhi High Court sets aside direction furnishing bank guarantee being violative of principles underlying Order 38 Rule 5 CPC

Whilst the court is not unduly bound by the texts or Order XXXVIII Rule 1 and 2 or Order XXXVIII Rule (5) or any other provisions of CPC, the substantial principles for grant of such interim measures cannot be disregarded.

Case Briefs High Courts

In cases of urgency and to preserve party’s rights, arbitral proceedings can be initiated even when conciliation proceedings were pending: Delhi High Court

The Delhi High Court held that even if the Contract clearly stated that before resorting to arbitration, the parties agreed to explore Conciliation by the Committee, the same cannot be held to be mandatory in nature. Further, the Court held that in case of urgency, arbitral proceedings can be initiated even when conciliation proceedings were pending.

Case Briefs High Courts

Himachal Pradesh High Court | Lack of immediate remedy under Arbitration Act not a ground to challenge an arbitral order passed on miscellaneous application before High Court

Himachal Pradesh High Court: In the case where it was argued before the Court that the Arbitration and Conciliation Act, 1996 (for

Case Briefs High Courts

Relief under S. 9 of the Arbitration and Conciliation Act: Can it be granted to a party who is not party to arbitration agreement? Read Utt HC’s ruling

Uttaranchal High Court: Emphasizing on the purpose and object of Section 9 of the Arbitration and Conciliation Act, 1996, Division bench of

Op Eds OP. ED.

What is the Appropriate Stage to Challenge Unilateral Appointment

by Ramkishore Karanam*and Mahasweta M.**

Op Eds OP. ED.

Seat v. Venue in Contemporary Arbitral Jurisprudence

by Hiroo Advani†, Sheikh Yusuf Ali †† and Manav Nagpal†††
Cite as: 2021 SCC OnLine Blog Exp 30

Case Briefs Supreme Court

In what circumstances can a criminal proceeding be quashed? Supreme Court yet again answers the “hotly debated” question on scope of exercise of HCs’ power under Section 482 CrPC

“The exercise of inherent power of the High Court is an extraordinary power which has to be exercised with great care and circumspection before embarking to scrutinise the complaint/FIR/charge-sheet in deciding whether the case is the rarest of rare case, to scuttle the prosecution at its inception.”

Case Briefs High Courts

Delhi HC sets up new arbitral proceedings in the compensation dispute between GMR and NHAI

Delhi High Court: C. Hari Shankar, J., addressed three different petitions between the same parties arising out of the award passed by

Op Eds OP. ED.

Post Award Interim Reliefs under Section 9 of the Arbitration and Conciliation Act, 1996: A light at the end of the tunnel

by Alabh Anant Lal* & Soham Banerjee**