Conundrum between Arbitration Act and MSME Act – An Analysis
by Swarnendu Chatterjee† and Dhriti Bole††
Cite as: 2022 SCC OnLine Blog Exp 58
arbitration agreement
Can mere filing of proceedings under S. 7 IBC be treated as an embargo on Court exercising jurisdiction under S. 11 of Arbitration & Conciliation Act? Bom HC explains
Bombay High Court: A very interesting question was considered by G.S. Kulkarni, J., the question being, whether mere filing of a proceeding
Rule of priority in favour of arbitrators is counterbalanced by Courts’ power to review existence and validity of arbitration agreement: Del HC
Delhi High Court: Mukta Gupta, J., expressed that the issue of whether in the absence of a third party, the refundable security
Mere use of the word ‘Arbitration’ in the heading of an Agreement would mean existence of an arbitration agreement? Del HC elaborates
Delhi High Court: Mukta Gupta, J., decided that mere use of word ‘Arbitration’ in the heading of an Agreement would not mean
Explained| Which law to prevail if provisions of Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 are in conflict with the Arbitration and Conciliation Act, 1996?
Supreme Court: In a case where the bench of Ajay Rastogi and Abhay S. Oka, JJ was deciding an issue relating to
Kar HC | Excepted/excluded matters in arbitration agreement cannot be referred to resolution by way of arbitration
Karnataka High Court: SR Krishna Kumar, J., disposed of the petition and directed the petitioner-company to avail such remedies as available in
If arbitrator becomes functus officio, can provisions under Ss. 14 and 15 of the A&C Act to appoint substitute arbitrator be invoked? Allahabad HC decides
Allahabad High Court: Noting the significance of Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, Jayant Banerji, J., expressed
Law on appointment of arbitrator | What happens if parties fail to agree on arbitrator within 30 days from receipt of request by one party? Del HC explains
Delhi High Court: Sanjeev Narula, J., allowed an arbitration petition by appointing a sole arbitrator to adjudicate the disputes between the contesting parties.
Law on Arbitration | What is the remedy against an order allowing application under S. 8 of Arbitration Act, where existence of arbitration clause is not disputed? Del HC discusses
Delhi High Court: Amit Bansal, J., dismissed a petition challenging the order passed by the lower court whereby respondent’s application under Section
The Milestone Achievement of Amazon in Reinstating the Status Quo of Party Autonomy in Domestic and International Commercial Arbitrations
by Swarnendu Chatterjee*and Sneha Rath**
ICADR Rules regarding procedure come into play only after arbitration commences before appropriate jurisdiction of law: Del HC summarises law on seat, venue of arbitration
Delhi High Court: While observing that the role of ICADR Rules shall come into play with regard to the procedure to be
Chairman of party who entered into arbitration, can he be categorised as eligible under Arbitration and Conciliation Act? SC highlights impartiality of arbitrators as a key element while pronouncing this ruling
Supreme Court: Expressing on the aspect of independence and impartiality of the arbitrators, Division Bench of M.R. Shah and Aniruddha Bose, JJ.,
Del HC | Whether once a bench of SC has doubted correctness of an earlier bench of co-equal strength, and referred the issue to a larger bench, Courts lower in hierarchy should continue to follow earlier decision – Is it debatable?
Delhi High Court: C. Hari Shankar, J. observed that, The question of whether, once a bench of the Supreme Court has doubted
Foreign arbitral award enforceable against non-signatories to agreement; ‘perversity’ no longer a ground to challenge foreign award; tort claims arising in connection with agreement are arbitrable: SC expounds law on foreign awards
Supreme Court: A Division Bench comprising of R.F. Nariman and B.R. Gavai, JJ. held that a foreign arbitral award is enforceable against
Del HC | Can a party unilaterally appoint an Arbitrator of their choice? Read on
Delhi High Court: Suresh Kumar Kait, J., reiterated that no party could be permitted to unilaterally appoint an Arbitrator, as the same
Explained: Maintainability of counter claims in arbitration proceedings under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006
Supreme Court: The bench of Ashok Bhushan and R. Subhash Reddy*, JJ has held that the Micro, Small and Medium Enterprises Development
Del HC | Are trademark disputes arbitrable? Court interprets S. 8 of Arbitration Act; differentiates between rights emanating from Trademark Act and Trademark Agreement
Delhi High Court: Jayant Nath, J., observed that the assignment of the trademark is by a contract and not by a statutory
Del HC | Can sole arbitrator’s appointment be disputed if he was consultant/advisor to one of the parties to dispute? Court examines
Delhi High Court: J.R. Midha, J., in view of serious doubts on the independence of sole arbitrator as named in the arbitration
Can a non-signatory or confirming party be made party to the arbitration? The position of non-signatory in an arbitration agreement
by Arush Agarwal† and Bhavya Gupta††