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“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”
Arbitration and Conciliation Act, 1996 — Ss. 11 & 8 and 16 r/w S. 7: Law clarified on harmonious construction of Arbitration
“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.”
“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”
“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.”
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.
“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.”
“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.”
“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”
Appellate Jurisdiction under Section 37(2) of the Arbitration Act: Jurisprudence on the setting aside awards under Section 34 of the Arbitration Act
‘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’
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 directed MCIA to substitute the arbitrator and appoint an independent arbitrator to continue with the arbitral proceedings.
by Abhijnan Jha†, Bhagya K. Yadav†† and Pranav Tomar†††
by Vasanth Rajasekaran† and Harshvardhan Korada††
Cite as: 2024 SCC OnLine Blog Exp 1
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2023 SCC OnLine Blog Exp 89
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.
“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”
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2023 SCC OnLine Blog Exp 83
Bombay High Court held the instant applications under Section 11 of Arbitration Act as non-maintainable and dismissed the said applications.