Calcutta High Court emphasized the distinction between vigilant litigants and those contributing to unnecessary delays in the arbitration process, ultimately ruling in favor of the petitioner.
A mere fact that the nominated Arbitrator had been a member of the Bench of the Court, which had decided the validity of the interim order passed by the then Arbitral Tribunal, it cannot be held that the “Arbitrator has previous involvement in the case”.
“The credibility of the evidence is the evidence of the credibility of claim for loss of profit”.
“The decree holder was not required to await the outcome of the objections filed under Section 34 of the Arbitration and Conciliation Act, 1996, however, if it did choose to remain under a self-imposed embargo, then it can’t demand interest.”
While cautioning the parties to the Arbitration proceedings, Calcutta High Court stated that parties should be vigilant in applying for extensions within the prescribed periods and dismissed the petitions seeking an extension of the arbitrator’s mandate.
“The Court observes that the ‘contrary indicia’ is clearly reflected in the present case, because the seat was mentioned as Bikaner and venue was mentioned as New Delhi.”
“Dissenting opinion of arbitrators might provide useful clues during procedural issues, which forms a critical part when the hearings are challenged”.
“The Court exercised the powers conferred under Section 11 of the Arbitration and Conciliation Act, 1996 and appointed, Jai Prakash Narayan Purohit, Retired Additional District Judge, as the sole Arbitrator to adjudicate the dispute between the parties.”
In the instant matter, the primary issue was the incorporation of arbitration clauses from the Master Facility Agreement and Settlement Agreement and the maintainability of a composite reference.
Two Benches of the Supreme Court had expressed their disagreement with the view taken in Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (JV), therefore, the matter was referred to larger Bench.
Without questioning the validity and legality of the arbitration clause, the Calcutta High Court appointed an Arbitrator to decide the issues raised by both the parties.
The stipulations contained in Clause 25 of the Agreement must consequently be read down and understood to mean that at least one or more of the members of the Arbitral Tribunal must possess the qualifications as prescribed in Clause 25.
by Swarnendu Chatterjee† and Megha Saha††
Cite as: 2023 SCC OnLine Blog Exp 41
Upholding the Telangana High Court judgment, the Supreme Court held that the law prevailing prior to the Arbitration and Conciliation (Amendment) Act, 2015 shall be applicable in a case where the notice invoking arbitration is issued prior to the Amendment Act, 2015.
Calcutta High Court held that all the unilateral appointment of arbitrators is not invalid unless the arbitrator’s relationship falls within the Seventh Schedule to the Arbitration and Conciliation Act, 1996.
The Delhi High Court dismissed an application filed for “recall of earlier order” under Section 151 of CrPC and held that the settled things could not be permitted to be unsettled at the behest of a person who had not been careful enough with regard to his rights and claims.
The Delhi High Court ruled that the moratorium granted by the NCLAT, staying the institution of suits and proceedings against the Corporate Debtor, after the resolution process was initiated against it under Sections 241 and 242 of the Companies Act, 2013, was akin to an order of moratorium passed under Section 14 of the Insolvency and Bankruptcy Code, 2016.
The Ministry of Petroleum and Natural Gas in the Union Government had instituted proceedings under Sections 14(2) read with Section 15(2) of the Arbitration and Conciliation Act, 1996 (Act) for a declaration that the majority of the members of the Arbitral Tribunal were de jure/de facto unable to discharge their functions and consequently their mandate stands terminated in terms of Section 14 of the Act.
Arbitration and Conciliation Act, 1996 — Ss. 7, 8 and 11 — Essential requirements of arbitration agreement: When there is discernible intention