Arbitration Act
‘Necessary ingredients of Sec. 11(6) clearly exist’; Delhi HC appoints Arbitrator to resolve dispute between Yuvraj Singh and real estate developer for claim of Rs. 1.38 Crores
“Deletion of party is an issue to be decided by the Arbitral Tribunal, it cannot be looked into by the Court under Section 11(6) of the Arbitration Act”
‘Situation not emergent to justify parallel adjudication by Court’: Delhi High Court dismisses Section 9 Arbitration petition due to Lack of Urgency
“When the Arbitral Tribunal is in seisin of disputes between parties, there is the pernicious possibility of any observation being made by the Court influencing the proceedings before the Arbitral Tribunal”
2024 SCC Vol. 6 Part 1
Arbitration and Conciliation Act, 1996 — Ss. 11 & 8 and 16 r/w S. 7: Law clarified on harmonious construction of Arbitration
Can allegations of coercion be looked into u/s 11 of the Arbitration Act by the referral Court? Delhi HC explains
“Consequent on introduction of sub-Section 6(A) in Section 11, the Supreme Court has in several decisions held that the jurisdiction of the referral Court is now circumscribed.”
Arbitration Roundup June 2024; Update yourself with all the latest Arbitration law updates in June 2024
“A quick recap of the latest rulings by the Supreme Court and High Courts- From the mandate of the arbitrator to the challenge of award passed by arbitrator”
Allahabad HC directs Principal Secretary to implement guidelines in Government departments to avoid filing Arbitration appeals beyond statutory time limits
“The rationale behind such stringent timelines is rooted in the principles of finality and efficiency, which are paramount in arbitration. The limitation period serves as a deterrent against undue delays and encourages parties to act promptly, thereby ensuring that the arbitration process remains expeditious.”
No bar to invoke arbitration even if alternative remedy available under RERA Act: Gauhati High Court
There is nothing to show that there is any inconsistency or repugnancy between the provisions of the Real Estate (Regulation and Development) Act, 2016 and arbitration as an alternative. The parties have agreed to arbitration clause provided in contract agreement for settlement of disputes including the issue raised by petitioners.
Can arbitration proceedings act as a bar for proceedings under Section 7 of the IBC? Delhi HC answers
“Section 7 of the Insolvency and Bankruptcy Code, 2016 states a financial creditor, either by itself or jointly, with other financial creditors, or any other person on behalf of the financial creditor, may file an application for initiating corporate insolvency resolution process against a corporate debtor before the Adjudicating Authority when a default has occurred.”
Will arbitration proceedings survive if mandate of arbitrator is terminated? Delhi HC answers
“The arbitral proceedings in the matter were not terminated but the Arbitrator had been non-responsive and was unable to perform his functions. Thus, as per Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, the present case is suited for appointment of a substitute Arbitrator for adjudicating the disputes.”
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”
2024 SCC Vol. 4 Part 3
Appellate Jurisdiction under Section 37(2) of the Arbitration Act: Jurisprudence on the setting aside awards under Section 34 of the Arbitration Act
Calcutta High Court dismisses application due to non-existence of arbitration clause in subcontractor’s work order
‘A reference to the document in the contract should be such that shows the intention to incorporate the arbitration clause contained in the document into the contract’
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”.
Bombay High Court clarifies provisions of Arbitration Act to be above Institutional Arbitration Rules; directs MCIA to appoint an independent arbitrator
Bombay High Court directed MCIA to substitute the arbitrator and appoint an independent arbitrator to continue with the arbitral proceedings.
Right to Preserve the Substratum of Subject-Matter of Dispute arising out of Inadequately Stamped Agreement
by Abhijnan Jha†, Bhagya K. Yadav†† and Pranav Tomar†††
10 Important Insolvency Law Judgments of 2023
by Vasanth Rajasekaran† and Harshvardhan Korada††
Cite as: 2024 SCC OnLine Blog Exp 1
10 Important Arbitration Judgments of 2023
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2023 SCC OnLine Blog Exp 89
Bombay High Court | One Partner cannot refer a dispute to arbitration in the absence of the other Partners joining
The objection raised was on the ground that, although the applicants and respondent 2 formed a partnership to enter into the investment agreement with respondent 1, the notice invoking arbitration was issued only on behalf of the applicants and that respondent 2, despite being a partner, did not join in issuing the invocation notice.
7-Judge Bench Verdict | Supreme Court Judgment on validity of Unstamped Arbitration Agreement
“The concept of separability or severability of an arbitration agreement from the underlying contract is a legal fiction which acknowledges the separate nature of an arbitration agreement. The separate nature of the arbitration agreement from the underlying contract is one of the cornerstones of arbitration law”