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
Arbitral Tribunal
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
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
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
“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.”
HP HC | Claim barred by limitation is a question of law and facts which Arbitral Tribunal or Arbitrator has to consider on the basis of record; petition allowed
Himachal Pradesh High Court: L. Narayana Swamy CJ., while exercising its powers under Section 11(6) of the Arbitration and Conciliation Act, 1996,
Kar HC | Whether an insufficiently stamped sale agreement, containing arbitration clause for appointment of sole arbitrator enforceable under S.11(6) of Arbitration and Conciliation Act, 1996; HC reiterates settled legal position on said premise
Karnataka High Court: S.R. Krishna Kumar, J., allowing the present petition for the appointment of a sole arbitrator under Section 11(6) of
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
Enrica Lexie Incident| Italy must compensate India for loss of life and material damage; however India is precluded from exercising its criminal jurisdiction over Italian marines involved in the incident
Permanent Court of Arbitration: In an unanimous decision by the Arbitral Tribunal concerning the “Enrica Lexie Incident”, it was held that Italy
Pre- 2015 Arbitration Amendment Act dispute in a post 2015 era
by Alisha Mehta* and Achintya Sharma**
Ori HC | Filing of list of witnesses by petitioner does not preclude Arbitral Tribunal to accord approval for taking evidence if party assigns sufficient reasons
Orissa High Court: A petition was filed before Dr A.K. Rath, J., challenging the order passed in an Arbitration Proceeding, whereby the