Top cases on Arbitration Law from July to August 2024
A quick recap of the latest rulings on Arbitration Law by the High Courts.
arbitration and conciliation act
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**
Can mandate of arbitral tribunal be extended u/s 29A of the Arbitration Act, even after expiry of such mandate? Delhi HC answers
Section 29A of the Arbitration and Conciliation Act, 1996, empowers Courts to extend mandate of arbitral tribunals beyond the specified limitation.
‘Process for redressal of grievances for refund of amount already initiated through arbitration’; Delhi HC refuses relief under Section 9 of the Arbitration and Conciliation Act, 1996
The Delhi High Court said that the petitioner had no prima facie right, title, and interest in the allotted units, and a case was not made out to restrain the respondents from creating any third-party interest.
Delhi High Court appoints sole arbitrator despite clause specifying two arbitrators; Upholds parties’ intention to arbitrate
The Court noted Arbitration agreement specifying an even number of arbitrators cannot be a ground to render the arbitration agreement invalid. Appointed a sole arbitrator under Section 11(6) petition.
HIGH COURT JUNE 2024 WEEKLY ROUNDUP| Stories on West Bengal Post Poll Violence; Delhi Riots 2020; Delhi Excise Policy; and more
A quick legal roundup to cover important stories from all High Courts this week.
Mere sending notice u/s 21 of Arbitration Act not sufficient; receipt of notice is prerequisite for commencement of proceedings: Delhi HC
In the present case, the notice has not been sent to the complete address which results in incomplete service of notice.