In conversation with Dhritiman Roy on Dispute Resolution in the field of IPR
Interviewed by Sucharita Mishra
arbitration and conciliation act
2023 SCC Vol. 9 Part 1
Administrative Law — Subordinate/Delegated Legislation — Judicial Review/Validity of Subordinate/Delegated Legislation — Specific Pleadings — Necessity: For striking down statutory provision or
Supreme Court stays Calcutta HC order which restricted application filed under S.29A(4) of Arbitration Act after expiry of term of the Tribunal
Supreme Court issued notice in the present SLP and tagged it with SLP titled Rohan Builders (India) Pvt. Ltd. vs. Berger Paints India Ltd.
Permissibility of Arbitration Proceedings by Empanelled Arbitrators under the MSMED Act, 2006
by Hiresh Choudhary* and Surbhi Sharma**
2023 SCC Vol. 8 Part 3
Animals, Birds and Fish — Fishing and Fisheries — Purse seine fishing (PSF), a pernicious form of fishing that harms all marine life.
“Arbitrator can interpret contract, but cannot travel beyond four-corners of contract and rewrite its terms and alter nature”: Orissa HC
Arbitrator is a Judge chosen by the parties and his decision is final as long as it is founded in fairness and justice and an award cannot be passed on the ipse dixit of the arbitrator.
SC discusses scope of Judicial Interference with arbitral awards under Section 34 of A&C Act
“Arbitration is a private form of dispute resolution, however, the arbitral proceedings must meet the juristic requirements of due process and procedural fairness and reasonableness, to achieve a ‘judicially’ sound and objective outcome or award”.
[Unstamped Arbitration Agreement] Bombay High Court fixes deficiency of stamp duty and penalty
The Bombay High Court explained that if it was to consider the instant application under Section 11 of A&C Act, it would have to work on the deficiency of stamp duty and penalty, if any.
2023 SCC Vol. 8 Part 2
Applicability of judgment in N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd., (2023) 7 SCC 1: In this article the
2023 SCC Vol. 8 Part 1
Advocates — Senior Advocates — Designation of: Guidelines issued by Supreme Court in Indira Jaising, (2017) 9 SCC 766 for greater objectivity
Arbitrator’s fees to be treated as preferential payments even where CIRP proceedings are pending before NCLT: Madras High Court
Madras High Court said that if the Arbitrators are not paid their fees / costs on account of the moratorium order, the object of arbitration will get defeated, as competent Arbitrators will hesitate to become Arbitrators in a dispute involving Companies facing financial crisis.
‘Court cannot modify arbitral award under Section 34 of Arbitration Act’: Supreme Court reiterates
The Supreme Court explained that the older Act enabled the Court to modify an award, a power which was consciously omitted by Parliament while enacting the 1996 Act, hinting towards exclusion of power to modify an award.
2023 SCC Vol. 7 Part 2
Arbitration and Conciliation Act, 1996 — Ss. 8 and 11: Application seeking reference to arbitration in pending civil suit is not acceptable
2023 SCC Vol. 7 Part 1
Arbitration and Conciliation Act, 1996 — Ss. 8, 11 and 7: Non-payment or deficient payment of stamp duty on substantive contract comprising/containing
Whether bar contained under S. 80 of Arbitration Act in selection of forum for arbitration applicable to MSMED Act? Allahabad HC answers
Allahabad High Court said that the MSMED Act, 2006 is a special law and in view of Section 24 the discretion given to Council for selecting the forum of arbitration between the parties has an overriding effect and therefore, at the stage of selection of forum for arbitration by the Council the prohibition contained in Section 80 of the A&C Act will not be applicable.
Can Indian Third-Party Funders be made Party to Arbitration | Tomorrow Sales Agency (P) Ltd. v. SBS Holdings Inc.: A case comment
by Kritika Krishnamurthy* and Anuroop Omkar**
2023 SCC Vol. 5 Part 3
Arbitration and Conciliation Act, 1996 — S. 29-A (as amended w.e.f. 30-8-2019) — Time-limit for making award: Time-limit stipulated in this section,
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.