Supreme Court explains how Non-Signatories may be bound by Arbitration Agreements
The Supreme Court elucidated the key factors through which the intention of the parties to be bound by an arbitration agreement can be gauged.
arbitration and conciliation act
Application for extension of time for passing arbitral award under Section 29A of Arbitration Act is maintainable even after 18-month deadline for making of award: SC
“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.”
Impleading International Non-Signatories to a Domestic Arbitration: Analysing the Practical Implications
by Prashant Pakhiddey* and Manav Gill**
CASES REPORTED IN HCC | Case Laws on Unfair Labour Practice; Setting Aside Foreign Award; Validity of Will; GST Cancellation; and more
An update on new additions of case laws to SCC’s High Court Cases volume.
‘Section 29-A of Arbitration Act is procedural and discretion is given to parties to extend arbitration period further for 6 months’ ; Madras HC upholds arbitration award passed beyond 12 months
“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.”
Top cases on Arbitration Law from July to August 2024
A quick recap of the latest rulings on Arbitration Law by the High Courts.
Arbitrator can award pre-reference & pendente lite interest even when agreement is silent on award of interest or does not specifically prohibit it: SC
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.
2024 SCC Vol. 7 Part 2
Arbitration and Conciliation Act, 1996 — S. 34(3): Limitation period under S. 34(3) for filing petition challenging arbitral award is considered
Delhi High Court partially sets aside Arbitral Award passed by Sole Arbitrator for failing to appreciate contractual terms subsisting between parties
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.
Cases Reported in HCC
Civil Procedure Code, 1908—Or. 7 R. 11—Rejection of plaint — Appeal against Trial Court’s decision allowing application for rejection
2024 SCC Vol. 7 Part 1
Arbitration and Conciliation Act, 1996 — S. 32(2)(c) and S. 25(c) — Power of Arbitral Tribunal under S. 32(c)
Panel Paradox: A Closer Look at Arbitrator Appointments from Interested Party Panels
by Abhisaar Bairagi*, Milind Sharma** and Ausaf Ayyub***
2024 SCC Vol. 6 Part 4
Arbitration and Conciliation Act, 1996 — Ss. 34 and 37 — Interference with award by Court: Law regarding limited jurisdiction of Court
Confidentiality in Arbitration: Legal and Practical Challenges in India
by Vasanth Rajasekaran* and Harshvardhan Korada**
2024 SCC Vol. 6 Part 2
Arbitration — Arbitration and Conciliation Act, 1996 — Ss. 34 and 37 — Arbitral award — Validity of: Law explained on validity
2024 SCC Vol. 5 Part 5
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 — S. 4(1)(f) — Suit for misdelivery of cargo and maritime claim by
Court is required to look only into existence of the arbitration clause at the stage of appointing arbitrator u/s 11 of Arbitration Act: Jharkhand HC
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.
Whose Arbitrator is it Anyway?
by Urvashi Mishra* and Anant Narayan Misra**