An Edge of the Institution Over Ad hoc Arbitration
by Justice Hemant Gupta (Retd.)*
Cite as: 2024 SCC OnLine Blog Exp 28
arbitration and conciliation act
Enforcement of Arbitral Awards in India: An Analysis of Potential Issues and Strategies for Success
by Vasant Rajasekaran* and Harshvardhan Korada**
Cite as: 2024 SCC OnLine Blog Exp 26
Bombay HC upholds costs awarded by Arbitrator in conformity with the cost regime under Section 31(A) of Arbitration Act
Bombay High Court viewed that while awarding costs, the Tribunal considered the conduct of parties including the petitioner and, in such circumstances, held it fair and appropriate for the claimant to make a fulsome recovery of its costs.
Interim Reliefs in Arbitration: Emerging Judicial Trends in India
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2024 SCC OnLine Blog Exp 24
2024 SCC Vol. 3 Part 1
Administrative Law — Administrative Action — Administrative or Executive Function — File notings/Internal orders: In-principle approval and file notings do not give
Bombay High Court clarifies provisions of Arbitration Act to be above Institutional Arbitration Rules; directs MCIA to appoint an independent arbitrator
Bombay High Court directed MCIA to substitute the arbitrator and appoint an independent arbitrator to continue with the arbitral proceedings.
Issue of non-signatory guarantor to be impleaded as party to arbitration is for arbitral tribunal to decide: Delhi High Court
“Prima facie, Respondents 3-5 are a veritable party to the loan agreement as they are connected with the loan documents and form part of the loan transaction.”
2024 SCC Vol. 2 Part 3
Arbitration and Conciliation Act, 1996 — S. 34: Objections to the award: Law summarised relating to Court’s power to review awards under
‘No claim certificate’ by a party does not automatically render dispute non-arbitrable: Gujarat HC
“If the Court reaches a clear conclusion that there is not even a vestige of doubt that the claim is non-arbitrable, it may refuse to refer the dispute to arbitration, otherwise, the rule is to refer the dispute to arbitration”.
2024 SCC Vol. 1 Part 3
Penal Code, 1860 — S. 302 or 304 Pt. II r/w S. 300 Exceptions 1 & 4 — Murder or culpable homicide:
‘Limitation period for arbitration to be decided by Arbitral Tribunal while passing order u/s 20 of A&C Act’; Telangana HC appoints nominee arbitrator u/s 11(6)
“It is a well-settled law that while deciding the question of appointment of arbitrator, the Court shall not touch the merits of the case as it may cause prejudice to the case of the parties.”
‘Scope of interference in arbitration award passed u/s 34, 37 of A&C Act is limited unless error appears on face of record’; Telangana HC dismisses appeal
“The expression ‘public policy’ is of wider amplitude and hence, where award passed by arbitral tribunal is against the terms of contract or against law of land for time being in force, such an award is against public policy of India and is liable to be set aside under Section 34 of Arbitration and Conciliation Act, 1996.”
Delhi High Court restrains Dedicated Freight Corridor Corpn. of India Ltd. from invoking or encashing Bank Guarantees against Sojtiz-L&T till next date of hearing
“The Engineer, in terms of the Agreement, does not have the power to review the decision of 08-05-2015 made by the earlier Engineer who has adjudicated upon the issue regarding change in the liability of petitioner on account of reduced BCD.”
NLSIU | Panel Discussion of ‘Decoding the NN Global Judgment’ [January 10, 2024]
A panel discussion is being convened jointly by Law School Policy Review (LSPR), Vidhi Centre for Legal Policy and NSLIU Kautilya Society.
Stamp Act, 1899 and Arbitration and Conciliation Act, 1996 – Yeh Rishta Kya Kehlata Hai?
by Anirudh Goyal† and Jaspreet Singh††
Cancellation of Deed is arbitrable being an action in personam: Supreme Court’s verdict explained
The appellant had raised an objection raised on application of Section 8 of the Arbitration Act, that ‘the cancellation of a document relating to immovable property i.e. land was sought and therefore it amounts to an action in rem and hence, the matter was non-arbitrable.’
10 Important Insolvency Law Judgments of 2023
by Vasanth Rajasekaran† and Harshvardhan Korada††
Cite as: 2024 SCC OnLine Blog Exp 1
‘Complete lack of due diligence in prosecution as petition u/s 34 of A&C Act, 1996 dismissed twice’; Delhi HC dismisses application filed for availing benefit u/s 14 of Limitation Act
“In the context of Section 14 of Limitation Act, 1963, what needs to be seen is whether appellant has brought on the record any evidence to show that he is prosecuting the previously instituted suit with due diligence.”
Can MSMED Act have an overriding effect over Arbitration and Conciliation Act and agreement between parties? Allahabad HC answers
“The parties to an arbitration have an autonomy to decide not only on the procedural law to be followed, but also on the substantive law”
N.N. Global III: Supreme Court Performs the Balancing Act by Passing the Stamping Baton to Arbitral Tribunals
by Vasanth Rajasekaran† and Harshvardhan Korada††
Cite as: 2023 SCC OnLine Blog Exp 88