Issue of genuineness of arbitration agreement be decided by Arbitrator as preliminary issue under Section 11(6A): Supreme Court
The matter revolves around the alleged forgery/genuineness of the agreements containing the arbitration clause.
Arbitration and Conciliation Act 1996
Arbitration and Conciliation Act, 1996 | Time-Barred Claim ≠ Time-Barred Section 11 Petition: Punjab and Haryana High Court appoints Second Arbitrator
“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.”
Delhi HC refuses interim relief against IRCTC’s termination of catering contract; cites multiple passenger complaints and unsatisfactory service
“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.”
Failure to issue notice under S. 21 of A&C Act not fatal if claim is otherwise valid and arbitrable: Supreme Court
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 HUF debts is personal and unlimited; ‘Seat Court’ retains jurisdiction to enforce award beyond territorial limits: Bombay HC
“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.”
Punjab and Haryana HC nominates Justice Harinder Singh Sidhu as Sole Arbitrator to adjudicate dispute between Karan Paul and K.P.H. Dream Cricket Pvt. Ltd.
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.
Sneak Peek into the Latest Edition of Avtar Singh’s Law of Arbitration and Conciliation — Timeless Authority, Reimagined for Today by Saurabh Bindal
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.
Constructive res judicata bars re-litigation of interest claims; fresh arbitration impermissible after arbitral award: Bombay High Court
“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.”
Arbitral Tribunal does not have jurisdiction to lift corporate veil: Madras High Court modifies arbitral award
“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.”
Delhi High Court: Disputes arising after execution of settlement agreement remain arbitrable
“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”
Parties agreeing to rate of interest cannot later challenge it on ground of public policy: SC upholds 36% interest in BPL-Morgan Securities and Credits case
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.
Delhi High Court rules on Binding Nature of Arbitration Clause in Insurance Policies Issued After 2023 IRDAI Circular
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.
‘Letter consenting to unilateral appointment of sole arbitrator doesn’t constitute waiver under Sec. 12 (5) of Arbitration Act’: Delhi HC
“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.”
Order terminating arbitral proceedings under Section 25 (a) of the Arbitration Act is not an ‘Award’: Delhi High Court
“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.”
When Does the Clock Start Ticking? The Interplay Between Sections 33 and 34 of the Arbitration and Conciliation Act, 1996
by Arush Khanna* and Gurdev Singh Tung**
Rajasthan High Court: Appellate power under Section 37 confined to domain of Section 34 of Arbitration Act
“The scope of the intervention of the court in arbitral matters is virtually prohibited, if not absolutely barred.”
Unravelling the Conundrum Behind the Interpretation of Interest Clauses vis-à-vis the Arbitrator’s Power to Award Interest
by Dinesh Babu Eedi*, Parth Agrawal** and CL Minati***
‘Arbitral award must be within parameters of arbitration agreement’; Supreme Court upholds setting aside of award granted in favour of SEPCO Electric Power
“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.”
“Consent” in Arbitration Agreement — Substance Prevails Over Form: Crystallisation of Indian Jurisprudence
by Vasanth Rajasekaran* and Harshvardhan Korada**