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“The issue with regard to the time barred claim is not to be gone into at the reference stage under Section 11 of the Arbitration and Conciliation Act, 1996 but can be seen only by the Arbitrator/Arbitration Tribunal at the relevant stage.”
“There are multiple complaints of over-charging, service quality, hygiene, food quality, etc. against the appellant, which presents a troubling state of affairs as regards the on-board catering services being offered by the appellant on the subject train.”
Section 21 of Arbitration and Conciliation Act, 1996 is concerned only with determining the commencement of the dispute for the purpose of reckoning limitation. There is no mandatory prerequisite for issuance of a Section 21 notice prior to the commencement of arbitration.
“Karta’s liability for unsatisfied debts or dues of the HUF is personal and unlimited. The Karta’s contention that HUF was a separate entity or akin to a body corporate was rejected and it was clarified that this was only for limited purposes like taxation or at most where liability beyond even the Karta.”
A dispute arose between Karan Paul and K.P.H. Dream Cricket Pvt. Ltd. Owner of IPL franchise Punjab Kings which was to be decided by the Sole Arbitrator as per the Company’s Articles of Association.
The 13th Edition of Avtar Singh’s Law of Arbitration and Conciliation is set to release soon, incorporating recent legislative developments, landmark judicial pronouncements, and evolving arbitral practice in India.
“Since disputes had already been subjected to arbitration and culminated in the Arbitral Award, the disputes and differences, including differences over interest payment prior to commencement of arbitration, are issues that are covered by constructive res judicata.”
“Arbitrator went wrong in applying the doctrine of lifting the corporate veil/ determining another entity as the alter ego and fastening the liability on the petitioner.”
“Execution of a full and final settlement may not preclude a party from taking recourse to arbitration if a dispute arises from the settlement itself”
BPL Ltd., having knowingly entered into the bill discounting agreement, was bound by its terms. Since it defaulted on repayment for years, the stipulated 36% compound interest could not be considered burdensome or oppressive.
The respondent submitted that no arbitration clause existed in light of the IRDAI Circular dated 27-10-2023 and Gazette Notification dated 23-1-2024, which had de-notified and superseded arbitration clauses in fire insurance policies.
“At best, the letter consenting to appointment of sole arbitrator, was a conditional acceptance of the appointment of a sole arbitrator. The condition being that the sole arbitrator would adjudicate the disputes between the petitioner and both the respondents.”
“Such an order merely terminates the arbitral proceedings on account of the claimant’s default in filing the statement of claim and does not involve any adjudication or determination of the rights or obligations of the parties.”
by Arush Khanna* and Gurdev Singh Tung**
“The scope of the intervention of the court in arbitral matters is virtually prohibited, if not absolutely barred.”
by Dinesh Babu Eedi*, Parth Agrawal** and CL Minati***
“When a party is unable to analyse, comment or argue on a contention raised by the other party, it will certainly be deemed as a breach of natural justice and thereby, also a violation of the most fundamental notions of justice.”
by Vasanth Rajasekaran* and Harshvardhan Korada**
