arbitral award Archives

Court of Appeal | Application of Principle of Separability requires a legally binding arbitration agreement

The Court of Appeal upheld the decision of the High Court setting aside the arbitral award observing that the application for the Principle of Separability requires a binding arbitration agreement.

Case Briefs High Courts

Gujarat High Court | Notice for appointment of arbitrator cannot be rejected on ground of vague material particulars

Gujarat High Court: While deciding the instant petition, Aravind Kumar, C.J., said that the prayer for appointment of an arbitrator

Case Briefs High Courts

Uttaranchal High Court | Commercial Court cannot modify arbitral award in absence of manifest and patent error/illegality

Uttaranchal High Court: The Division Bench of Sanjaya Kumar Mishra and Ramesh Chandra Khulbe, JJ. allowed appeals filed by the

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

ADR Competition Announcements Law School News

3rd Surana & Surana & RGNUL International Arbitral Award Writing Competition, 2022 | Submit by November 20, 2022

The Centre for Alternative Dispute Resolution, RGNUL (CADR) is collaborating with Surana & Surana International Attorneys, headquartered in Chennai, India

Case Briefs High Courts

Delhi High Court: Amendment application being rejected as ‘belated’ does not constitute interim award susceptible to challenge under S 34 Arbitration & Conciliation Act, 1996

Delhi High Court: In a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, (‘A&C Act') challenging

Case Briefs High Courts

Merely showing existence of another reasonable interpretation not sufficient to allow for interference; Punjab and Haryana HC refuses to interfere with arbitration award

Punjab and Haryana High Court: While dismissing the appeal preferred by the appellant challenging the order dated 12-12-2018 passed by the Additional

Case Briefs High Courts

Rajasthan High Court | No award can be remitted to the arbitrator where there are no findings in the contentious issues of the award

Rajasthan High Court: Ashok Kumar Gaur, J. found that the writ petition by the petitioner lacks merit and dismissed it

Case Briefs High Courts

Calcutta High Court| Order XLI, Rule 5(1) of the CPC grants the court discretion to stay the execution of a decree for ‘sufficient cause’; Award by arbitral tribunal upheld

Calcutta High Court: Shekhar B. Saraf, J. upheld the award granted by the Arbitral Tribunal holding that the award holder

Case Briefs High Courts

Compensation payable under Ss. 73, 74 and 75 are only for loss or damage caused by breach or inclusive of mere act of breach as well? Ker HC explains

Kerala High Court: The Division Bench of P.B. Suresh Kumar and C.S. Sudha, JJ., expressed that, “…compensation payable under Sections 73, 74

Op Eds OP. ED.

The Curious Case of Dissenting Opinions in Arbitral Awards

by Tariq Khan†
Cite as: 2022 SCC OnLine Blog Exp 8

Case Briefs Supreme Court

Explained| Can An Award Be Remitted To The Arbitrator In Absence Of Findings On The Contentious Issues?

Supreme Court: Explaining the provision of remission under Section 34 (4) of the Arbitration and Conciliation Act, 1996, the bench of R.

Akaant Mittal Experts Corner

Whether a Decree or an Arbitral Award or a Settlement Deed can form the Basis of a Financial or Operational Debt under IB Code

by Akaant Kumar Mittal†

Cite as: 2022 SCC OnLine Blog Exp 1

Case Briefs High Courts

All HC | Can Executing Court’s order for enforcement of arbitral award be challenged under Art. 226? HC decides

Allahabad High Court: Dr Yogendra Kumar Srivastava, J., held that, Section 36 of the 1996 Act makes the arbitral award capable of

Case Briefs High Courts

Arbitral Award and Patent Illegality: Del HC’s decision focusing on methodology adopted by Arbitral Tribunal for calculating arbitral award on finding error in Surveyor’s report

Delhi High Court: The Division Bench of Rajiv Shakdher and Talwant Singh, JJ., while addressing a matter with regard to the arbitral

Case Briefs High Courts

Court’s interference in regard to arbitral awards: Limited or Not? Del HC explains with the view taken by SC decision

Delhi High Court: On finding no ground for interference in the arbitral award, Anup Jairam Bhambhani, J., upheld the decision of Single

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

Op Eds OP. ED.

Sirpur Paper Mills case: Fate of an arbitral award after approval of resolution plan

by Priyal Jain† and Prasann Malviya††

Case Briefs Supreme Court

Can Courts modify Arbitral Awards under S. 34 of Arbitration Act or is power limited? SC decides

Supreme Court: The Division Bench of R.F. Nariman and B.R. Gavai, JJ., while addressing a significant and interesting question of law expressed

Case Briefs High Courts

Del HC | Ambiguity in contractually stipulated obligations favours whom? Court discusses while refusing interference in arbitral award

Delhi High Court: Sanjeev Narula, J., refused to interfere in the interim arbitral award whereby the sole arbitrator had allowed certain claims of