arbitration and conciliation act
The Growing Need for Data Protection in International Arbitration
by Tariq Khan†
Cite as: 2022 SCC OnLine Blog Exp 76
Madras High Court | Courts will not interfere or set aside an arbitral award, merely because an alternative view is possible; Adopt a hands-off approach
Madras High Court: In an intra-Court appeal filed against the order of the single judge, whereby, the judge allowed the
Court’s power under Section 9 A&C Act, 1996 wider than CPC; Technicalities of CPC cannot prevent it from securing the ends of justice: SC
Supreme Court: The Division Bench of Indira Banerjee* and A.S. Bopanna, JJ., contemplated the scope of Section 9 of Arbitration
2022 SCC Vol. 8 Part 1
Arbitration and Conciliation Act, 1996 — Ss. 8, 11, 7, 2(1)(h), 16 and 45 — Non-signatory or non-party to arbitration
Arbitration clause, even without the words “final and binding”, valid if the intention of the parties, to abide by arbitrator’s decision, is clear: Supreme Court
When Section 7 or any other provisions of the Arbitration and Conciliation Act, 1996 do not stipulate any particular form or requirements, it would not be appropriate for a court to gratuitously add impediments and desist from upholding the validity of an arbitration agreement.
Supreme Court holds ‘Arbitrators cannot unilaterally issue binding and enforceable orders determining their own fees’; Justice Sanjiv Khanna partially dissents
Supreme Court: The 3-judge bench of Dr DY Chandrachud*, Surya Kant and Sanjiv Khanna*, JJ has held that arbitrators do not have
Calcutta High Court | Conduct of Parties – not a substitute for an arbitration agreement
Calcutta High Court: While deciding a review petition, Debangsu Basak, J. held that the court while exercising powers under Section
2022 SCC Vol. 7 Part 3
Advocates Act, 1961 — S. 16 — Procedure for designation of Senior Advocates: Clarification of Guidelines prescribed for Supreme Court
Rajasthan High Court | No award can be remitted to the arbitrator where there are no findings in the contentious issues of the award
Rajasthan High Court: Ashok Kumar Gaur, J. found that the writ petition by the petitioner lacks merit and dismissed it
Kar HC deals whether an international commercial arbitral award rendered outside India between the parties who have no connection to India can be enforced in India
Karnataka High Court: A Division bench of Ritu Raj Awasthi, CJ., and Suraj Govindaraj, J. issued notice to the respondent and listed
Whether an award passed under S. 34(4) of the A&C Act is a fresh award for the purpose of S. 34 of the Act? Del HC answers
Delhi High Court: Vibhu Bakhru, J., allowed an amendment application seeking amendment of a petition filed under Section 34 of the Arbitration
Explained| Which law to prevail if provisions of Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 are in conflict with the Arbitration and Conciliation Act, 1996?
Supreme Court: In a case where the bench of Ajay Rastogi and Abhay S. Oka, JJ was deciding an issue relating to
Arbitral Award and Patent Illegality: Del HC’s decision focusing on methodology adopted by Arbitral Tribunal for calculating arbitral award on finding error in Surveyor’s report
Delhi High Court: The Division Bench of Rajiv Shakdher and Talwant Singh, JJ., while addressing a matter with regard to the arbitral
Court’s interference in regard to arbitral awards: Limited or Not? Del HC explains with the view taken by SC decision
Delhi High Court: On finding no ground for interference in the arbitral award, Anup Jairam Bhambhani, J., upheld the decision of Single
Explained| Can arbitrator grant pendente lite interest if contract expressly bars payment of interest?
Supreme Court: The bench of SA Nazeer* and Krishna Murari, JJ has held that if the contract contains a specific clause which
Chairman of party who entered into arbitration, can he be categorised as eligible under Arbitration and Conciliation Act? SC highlights impartiality of arbitrators as a key element while pronouncing this ruling
Supreme Court: Expressing on the aspect of independence and impartiality of the arbitrators, Division Bench of M.R. Shah and Aniruddha Bose, JJ.,
Taking it out on the Arbitrator: The Rationale of Arbitral Immunity
by Tariq Khan†
Cite as: 2021 SCC OnLine Blog Exp 57