Arbitral Tribunal Archives

Case Briefs High Courts

Madras High Court | Courts will not interfere or set aside an arbitral award, merely because an alternative view is possible; Adopt a hands-off approach

Madras High Court: In an intra-Court appeal filed against the order of the single judge, whereby, the judge allowed the

Case Briefs High Courts

Delhi High Court set aside arbitral award as it suffers from patent illegalities, and fraud and conflicts with the Public Policy of India

Delhi High Court: In a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (‘the Act’) for

Case Briefs Foreign Courts

Court of Appeal of the Republic of Singapore | Jurisdiction of Arbitral Tribunal is only revived to the extent of the remission ordered

“Apart from the remission ordered, there is no basis on which a party in CKH’s position or the Tribunal itself can seek to re-open or expand the subject matter of the award or arbitration.”

Case Briefs High Courts

Del HC | Commercial wisdom of the parties in an agreement not to be revisited; arbitral tribunal cannot re-work the terms owing to commercial difficulties of one party

Delhi High Court: Vibhu Bakhru, J. while hearing an application against award of an arbitral tribunal has held that it would not

Case Briefs High Courts

Can mere filing of proceedings under S. 7 IBC be treated as an embargo on Court exercising jurisdiction under S. 11 of Arbitration & Conciliation Act? Bom HC explains

Bombay High Court: A very interesting question was considered by G.S. Kulkarni, J., the question being, whether mere filing of a proceeding

Case Briefs High Courts

Scope of examination under S. 11 of A&C Act is confined to existence of arbitration agreement or does it extend to adjudicating nature of contract as well? Del HC addresses

Delhi High Court: Vibhu Bakhru, J., held that whether claims are barred by limitation is a mixed question of fact and law

Case Briefs High Courts

Whether an award passed under S. 34(4) of the A&C Act is a fresh award for the purpose of S. 34 of the Act? Del HC answers

Delhi High Court: Vibhu Bakhru, J., allowed an amendment application seeking amendment of a petition filed under Section 34 of the Arbitration

Op Eds OP. ED.

Emergency Arbitration — Its Advantages, Challenges and Legal Status in India

by Shivam Kumar*

Op Eds OP. ED.

Supreme Court clarifies interplay between S. 55 and S. 74 of Contract Act in Welspun v ONGC

by Hiroo Advani†, Sheikh Yusuf Ali†† and Manav Nagpal †††
Cite as: 2022 SCC OnLine Blog Exp 18

Case Briefs High Courts

Bombay HC rejects argument that a dispute cannot be referred for arbitration on account of fraud: Read why

Bombay High Court: B.P. Colabawalla, J., addressed an arbitration application filed under Section 11 of the Arbitration and Conciliation Act, 1996. Instant

Op Eds OP. ED.

Whether Preconditions to Arbitration are a Matter of Jurisdiction/Admissibility

by Hiroo Advani†, Asif Lampwala†† and Kenneth Martin†††
Cite as: 2022 SCC OnLine Blog Exp 10

Case Briefs High Courts

Does Arbitral Tribunal have exclusive jurisdiction to settle disputes relating to “works contract” in State of Madhya Pradesh under the scheme of M.P Madhyastham Adhikaran Adhiniyam, 1983? MP HC explains

Madhya Pradesh High Court: The Division Bench of Sheel Nagu and Purushaindra Kumar Kaurav, JJ., while holding that M.P Madhyastham Adhikaran Adhiniyam,

Op Eds OP. ED.

The Subtle Art of Interfering: Amazon-Future Retail “Anti-Arbitration” Injunction Saga

by Shashank Garg* and Aakanksha Kaul**

Case Briefs High Courts

Amazon v. Future | ‘Stay’ on proceedings before Singapore Tribunal; Prima Facie case in favour of Future Group

Delhi High Court: The Division Bench of D.N. Patel, CJ and Jyoti Singh, J., stayed the arbitration proceeding in Amazon v. Future

Case Briefs Supreme Court

Not open to approach M.P. Arbitration Tribunal in reference when the very same claim is already decided by Arbitrator appointed by High Court: Supreme Court

Supreme Court: The Division Bench of M. R. Shah* and B.V. Nagarathna, JJ., held that where the Arbitrator appointed by the High

Op Eds OP. ED.

Whether limitation falls within the power of the Arbitral tribunal to rule on its own jurisdiction – RF Nariman’s judgment in Indian Farmers case

by Hiroo Advani† and Manav Nagpal††
Cite as: 2021 SCC OnLine Blog Exp 73

Case Briefs Supreme Court

SC resolves quandary over interplay of S. 9 and S. 17 of Arbitration Act, answers whether court can entertain application for interim measures after arbitral tribunal has been constituted

Supreme Court: A Division Bench comprising of Indira Banerjee and J.K. Maheshwari, JJ. held that once an Arbitral Tribunal is constituted, the

Case Briefs Supreme Court

Arbitrator cannot rewrite contract for parties; Arbitral award based on no evidence or in ignorance of vital evidence comes in realm of patent illegality: SC

Supreme Court: A Division Bench comprising of R.F. Nariman and B.R. Gavai, JJ. held that an arbitral award which is based on

Case Briefs High Courts

Del HC | Can International Arbitration Award be assailed on ground of patent illegality? Is it permissible for arbitrator to award compound interest? HC answers

Delhi High Court: Vibhu Bakhru, J., held that the scope of interference with an arbitral award under Section 34 of the Arbitration

Case Briefs Supreme Court

“Complex” questions involving novation of contract can’t be decided by Court under Section 11 of the Arbitration and Conciliation Act: Supreme Court

“Detailed arguments on whether an agreement which contains an arbitration clause has or has not been novated cannot possibly be decided in exercise of a limited prima facie review as to whether an arbitration agreement exists between the parties.”