Bringing you the Best Analytical Legal News
“Section 29A intends to ensure the timely completion of arbitral proceedings while allowing Courts the flexibility to grant extensions when warranted. Prescribing a limitation period, unless clearly stated in words or necessary, should not be accepted. Bar by limitation has penal and fatal consequences.”
by Prashant Pakhiddey* and Manav Gill**
An update on new additions of case laws to SCC’s High Court Cases volume.
“The legislative intent of inserting Section 29-A of the Act is only for expeditious disposal of the arbitration proceedings and not to confer a new defence upon an unsuccessful party to challenge the award and to reopen the entire proceedings.”
A quick recap of the latest rulings on Arbitration Law by the High Courts.
The Court has affirmed the power of the Arbitrator to grant pre-reference, pendente lite, and post-award interest on the rationale that a person who has been deprived of the use of money to which he is legitimately entitled has a right to be compensated for the same.
Arbitration and Conciliation Act, 1996 — S. 34(3): Limitation period under S. 34(3) for filing petition challenging arbitral award is considered
The direction given by the Sole Arbitrator to exclude the period from 31-03-2015 to 31-03-2017 for calculation of pre-litigation interest was contrary to the express terms in the Agreement made between the parties.
Civil Procedure Code, 1908—Or. 7 R. 11—Rejection of plaint — Appeal against Trial Court’s decision allowing application for rejection
Arbitration and Conciliation Act, 1996 — S. 32(2)(c) and S. 25(c) — Power of Arbitral Tribunal under S. 32(c)
by Abhisaar Bairagi*, Milind Sharma** and Ausaf Ayyub***
Arbitration and Conciliation Act, 1996 — Ss. 34 and 37 — Interference with award by Court: Law regarding limited jurisdiction of Court
by Vasanth Rajasekaran* and Harshvardhan Korada**
Arbitration — Arbitration and Conciliation Act, 1996 — Ss. 34 and 37 — Arbitral award — Validity of: Law explained on validity
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 — S. 4(1)(f) — Suit for misdelivery of cargo and maritime claim by
The respondent raised an objection to the maintainability of the present application on the ground that the petitioner being an agent governed under Section 48 of the Bihar Cooperative Societies Act, 1935, was required to approach the Registrar of the Cooperative Societies for initiating a dispute resolution proceeding.
by Urvashi Mishra* and Anant Narayan Misra**
Section 29A of the Arbitration and Conciliation Act, 1996, empowers Courts to extend mandate of arbitral tribunals beyond the specified limitation.