2023 SCC Vol. 8 Part 1
Advocates — Senior Advocates — Designation of: Guidelines issued by Supreme Court in Indira Jaising, (2017) 9 SCC 766 for greater objectivity
arbitration and conciliation act
Arbitrator’s fees to be treated as preferential payments even where CIRP proceedings are pending before NCLT: Madras High Court
Madras High Court said that if the Arbitrators are not paid their fees / costs on account of the moratorium order, the object of arbitration will get defeated, as competent Arbitrators will hesitate to become Arbitrators in a dispute involving Companies facing financial crisis.
‘Court cannot modify arbitral award under Section 34 of Arbitration Act’: Supreme Court reiterates
The Supreme Court explained that the older Act enabled the Court to modify an award, a power which was consciously omitted by Parliament while enacting the 1996 Act, hinting towards exclusion of power to modify an award.
2023 SCC Vol. 7 Part 2
Arbitration and Conciliation Act, 1996 — Ss. 8 and 11: Application seeking reference to arbitration in pending civil suit is not acceptable
2023 SCC Vol. 7 Part 1
Arbitration and Conciliation Act, 1996 — Ss. 8, 11 and 7: Non-payment or deficient payment of stamp duty on substantive contract comprising/containing
Whether bar contained under S. 80 of Arbitration Act in selection of forum for arbitration applicable to MSMED Act? Allahabad HC answers
Allahabad High Court said that the MSMED Act, 2006 is a special law and in view of Section 24 the discretion given to Council for selecting the forum of arbitration between the parties has an overriding effect and therefore, at the stage of selection of forum for arbitration by the Council the prohibition contained in Section 80 of the A&C Act will not be applicable.
Can Indian Third-Party Funders be made Party to Arbitration | Tomorrow Sales Agency (P) Ltd. v. SBS Holdings Inc.: A case comment
by Kritika Krishnamurthy* and Anuroop Omkar**
2023 SCC Vol. 5 Part 3
Arbitration and Conciliation Act, 1996 — S. 29-A (as amended w.e.f. 30-8-2019) — Time-limit for making award: Time-limit stipulated in this section,
Delhi Court sets aside ₹90 lakh award granted in favour of BMW India Financial Services Pvt. Ltd.
Unilateral Appointment of the Sole Arbitrator vitiates the proceedings of Arbitration.
The Conundrum Surrounding the Unilateral Appointment of Arbitrators and its Implications on the Enforceability of Arbitral Awards – An Analysis
by Vasanth Rajasekaran†
Cite as: 2023 SCC OnLine Blog Exp 50
Invocation of power of Judicial review in proceedings under S. 9 of Arbitration Act would run afoul to principle that merits of termination of contract must essentially be determined by Arbitral Tribunal: Delhi HC
The Court also upheld the validity of the termination notice issued by the NHIDCL and refused to interfere with its actions against the construction company.
Appointment of Arbitrator in Lender-Borrower Agreements
by Mohd. Suboor†
What Comes First After the Award: The Relief or the Stay? A case comment on Sepco Electric Power Construction Corpn. v. Power Mech Projects Ltd.
by Prerona Banerjee† and Vishal Sinha††
Explained| Supreme Court verdict on scope of Pre-referral jurisdiction of High Court under S. 11 of Arbitration and Conciliation Act
The limited scope of judicial scrutiny at the pre-referral stage is navigated through the test of a ‘prima facie review’
Unilateral Appointment of Arbitrator — Whether Absolute Prohibition Contrary to the Scheme of the Act?
by Prashant Tripathi† and Sanjeev Singh††
2023 SCC Vol. 2 Part 3
Arbitration and Conciliation Act, 1996 — Ss. 11, 8 and 16 — Arbitrability — Accord and Satisfaction — Plea of claims being
EXPLAINED| Stamp Act versus Arbitration Act issue on validity of an Unstamped Arbitration Agreement as Supreme Court reserves Judgment
The Constitution bench considered a question of law : whether the instrument was duly stamped or not, was not only contrary to the plain language of Section 11(6A) of the Arbitration Act, but also wholly defeated the legislative intention of the Arbitration and Conciliation (Amendment) Act, 2015, and puts a spoke in the wheel of conduct of the arbitration process at its very inception.