Delhi Court sets aside ₹90 lakh award granted in favour of BMW India Financial Services Pvt. Ltd.
Unilateral Appointment of the Sole Arbitrator vitiates the proceedings of Arbitration.
arbitration and conciliation act
Invocation of power of Judicial review in proceedings under S. 9 of Arbitration Act would run afoul to principle that merits of termination of contract must essentially be determined by Arbitral Tribunal: Delhi HC
The Court also upheld the validity of the termination notice issued by the NHIDCL and refused to interfere with its actions against the construction company.
Appointment of Arbitrator in Lender-Borrower Agreements
by Mohd. Suboor†
What Comes First After the Award: The Relief or the Stay? A case comment on Sepco Electric Power Construction Corpn. v. Power Mech Projects Ltd.
by Prerona Banerjee† and Vishal Sinha††
Explained| Supreme Court verdict on scope of Pre-referral jurisdiction of High Court under S. 11 of Arbitration and Conciliation Act
The limited scope of judicial scrutiny at the pre-referral stage is navigated through the test of a ‘prima facie review’
Unilateral Appointment of Arbitrator — Whether Absolute Prohibition Contrary to the Scheme of the Act?
by Prashant Tripathi† and Sanjeev Singh††
2023 SCC Vol. 2 Part 3
Arbitration and Conciliation Act, 1996 — Ss. 11, 8 and 16 — Arbitrability — Accord and Satisfaction — Plea of claims being
EXPLAINED| Stamp Act versus Arbitration Act issue on validity of an Unstamped Arbitration Agreement as Supreme Court reserves Judgment
The Constitution bench considered a question of law : whether the instrument was duly stamped or not, was not only contrary to the plain language of Section 11(6A) of the Arbitration Act, but also wholly defeated the legislative intention of the Arbitration and Conciliation (Amendment) Act, 2015, and puts a spoke in the wheel of conduct of the arbitration process at its very inception.
A zestful beginning of 2023 for Supreme Court as Constitution Benches assemble regularly in 10 matters in the month of January
This report revisits all the riveting and paramount Supreme Court Constitution Bench cases that were delivered, reserved for judgement and heard in the month of January 2023.
2023 SCC Vol. 1 Part 4
Arbitration and Conciliation Act, 1996 — Ss. 20 and 42 r/w S. 2(1)(e) — Jurisdictional seat of arbitration once fixed under S.
2023 SCC Vol. 1 Part 3
“Union Territory”, if “State” under Art. 131: The subject-matter of this article’s discussion is: does a “Union Territory” fall under word “State”
2023 SCC Vol. 1 Part 1
Arbitration and Conciliation Act, 1996 — S. 33 — Power of modification of award under — Scope of: Award can be modified
[High Court Monthly Round Up] | December 2022 | 100 + Legal Stories including U.P ULB elections; PIL against Koffee with Karan; Bail to journalist Siddique Kappan; Right to be forgotten; Sexual harassment at workplace; Trade mark infringement cases and more
A quick legal roundup to cover important stories from all High Courts in December 2022
Arbitration Dossier (2021-22)| A Snapshot of Major Developments in Lex Arbitri
by Chakrapani Misra, Sameer Bindra and Varshini Sunder
Cite as: 2022 SCC OnLine Blog Exp 88
Arbitrability of Intellectual Property Rights’ Disputes: An Affirmative Step
by Yash Vardhan Garu and Hetvi Mehta
Delhi High Court | Review is permissible against an order dismissing a petition under S. 11 of the Arbitration and Conciliation Act
While exercising the power conferred by Section 11 of the Act, the Court ceases to be a Court of Record and the review or reopening of proceedings which is sought is not with respect to any power exercised by the Court under Section 11 on merits but on account of the evident factual mistake in that order.