2024 SCC Vol. 6 Part 2
Arbitration — Arbitration and Conciliation Act, 1996 — Ss. 34 and 37 — Arbitral award — Validity of: Law explained on validity
arbitral award
Delhi High Court dismisses Reliance’s petition against UIDAI; upholds impugned arbitral award in its entirety
The Delhi High Court said that the scope of interference with arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996 has now become heavily circumscribed.
Orissa High Court explains scope of High Court’s power under Section 37 of Arbitration and Conciliation Act
Orissa High Court held that the court’s intervention is limited and emphasised on the autonomy of the arbitral process and the finality of the arbitral award.
Executing Court must ascertain stamp duty payment issue before enforcement of Arbitral Award: MP High Court
The Court held that unilateral appointment of the Arbitrator without the petitioner’s consent could render the award void under Section 34 of the Arbitration and Conciliation Act, 1996
Application for extending mandate of the Arbitral Tribunal for passing Award to be filed only before ‘Court’ as defined u/s 2(1)(e) of A&C Act: Andhra Pradesh HC
“If the intention of the Parliament were to vest the power of extending the mandate of an Arbitrator under Section 29A of the Arbitration and Conciliation Act, 1996 only in High Court as envisaged under Section 11, then nothing could have prevented it from providing so.”
Which judgment is binding when coordinate benches of Court have conflicting decisions? Allahabad HC answers
“When a Coordinate Bench issues a judgment on a particular legal issue, that judgment becomes binding precedent for subsequent cases involving a similar issue before another Coordinate Bench”
‘Objections under S. 47 CPC are applicable only to execution of decrees not maintainable against arbitral awards’; Allahabad HC imposes Rs 5 lakhs cost on State
“Imposition of costs in cases of frivolous litigation is essential to maintain the integrity, efficiency, and fairness of the judicial system. By deterring abuse of the legal process, promoting judicial efficiency, and upholding the principles of fairness and justice, cost imposition serves to safeguard the rights of individuals, protect the integrity of the legal system, and bolster public confidence in the administration of justice.”
‘Certificate issued during pendency of dispute would not amount to final payment certificate’; Delhi HC sets aside arbitral award in conflict with public policy of country
“When no opportunity is given to deal with an argument which goes to the root of the case based on evidence which go behind the back of the party and results in a denial of justice to the prejudice of the party, the same would amount to violation of principle of natural justice.”
Singapore HC upholds Final Award in arbitral proceedings over sale and purchase of lab-grown gemstone jewellery company shares
The Court noted that, “To attract curial intervention, it must be established that the breach of the rules of natural justice must, at the very least, have actually altered the final outcome of the arbitral proceedings in some meaningful way”.
Supreme Court allows DMRC’s Curative Petition against arbitral award in favour of Delhi Airport Metro Express
Supreme Court has applied the standard of a ‘grave miscarriage of justice’ in the exceptional circumstances of this case where the process of arbitration has been perverted by the arbitral tribunal to provide an undeserved windfall to DAMEPL.
Enforcement of foreign awards may be refused for bias only in exceptional circumstances: Supreme Court
Supreme Court upheld the High Court’s decision and emphasised the need for early enforcement of the foreign award by the competent forum.
Calcutta High Court determines applicable interest rate based on amended Section 31(7)(b) of Arbitration and Conciliation Act
Calcutta High Court applied the amended Section 31(7)(b) for determining the interest rate after considering the silence of the Award on the interest issue and the subsequent execution proceedings filed after the 2016 amendment.
Delhi High Court holds NHPC entitlement as decree enforceable in law; Grants execution of arbitral award
If the part of an Award proposed to be annulled is independent, stands unattached to the other part and can be validly incised, the partial setting aside would be valid and justified. The same also applies to execution proceedings.
Delhi HC upholds arbitral award for transfer of Kashmir Harvard Educational Institute’s domain name ‘kashmirharvard.edu.in’ to Harvard College
“Petitioner shows a scant regard for the limited scope of intervention with an award in an international commercial arbitration, or for the process of the Court. Pleas have been advanced which are contrary to the record, and many attempts have been made to mislead the Court.”
To constitute a valid service u/s 34(3) of A&C Act, a signed copy of Arbitral Award must be delivered to each party and not to their agent or lawyer: Delhi HC
“The expression ‘party’ as defined in Section 2(1)(h) of the Arbitration and Conciliation Act, 1996, clearly indicates a person who is a ‘party’ to an Arbitration Agreement and in no way includes the agent of the party to such Agreement.”
Calcutta High Court rejects time-barred claim in arbitration dispute over alleged failure to deliver signed copy of award
The Calcutta High Court opined that the onus is on the award-holder to provide irrefutable evidence of delivery, and any doubt in this regard favors the award-debtor.
High Court of Justice upholds challenge to arbitral award of 11 billion USD against Nigeria vis-à-vis Gas Supply and Processing Agreement
The Court termed this case to be highly unusual one that draws attention to matters of wider importance and touches the reputation of arbitration as a dispute resolution process.
Permissibility of Arbitration Proceedings by Empanelled Arbitrators under the MSMED Act, 2006
by Hiresh Choudhary* and Surbhi Sharma**
Credible evidence is must to substantiate claim of loss of profitability; SC sets aside arbitral award in conflict with ‘public policy of India’
“The credibility of the evidence is the evidence of the credibility of claim for loss of profit”.