2022: The year of 1263 judgments; 3 CJIs; and important firsts| An all inclusive Supreme Court roundup
With 1263 judgments delivered; three Chief Justices of India taking turns to lead the judiciary; a number of judges retiring and a
Arbitration
Order of stay/moratorium under the Companies Act, 2013 prohibits the initiation of any proceedings; Parties cannot be referred to Arbitration: Delhi High Court
The Delhi High Court ruled that the moratorium granted by the NCLAT, staying the institution of suits and proceedings against the Corporate Debtor, after the resolution process was initiated against it under Sections 241 and 242 of the Companies Act, 2013, was akin to an order of moratorium passed under Section 14 of the Insolvency and Bankruptcy Code, 2016.
Delhi High Court | Review is permissible against an order dismissing a petition under S. 11 of the Arbitration and Conciliation Act
While exercising the power conferred by Section 11 of the Act, the Court ceases to be a Court of Record and the review or reopening of proceedings which is sought is not with respect to any power exercised by the Court under Section 11 on merits but on account of the evident factual mistake in that order.
IAMC, Hyderabad turns 1. Here’s all that happened in its Chandigarh Conference on “Changing Facets of Arbitration Law”
The International Arbitration & Mediation Centre, Hyderabad in association with Disputandum and Goel & Associates organized a conference on the topic “Changing
Delhi High Court | When a prayer to appoint an Arbitrator has been heard and rejected, the same relief cannot be sought by filing a review petition
Mere expression “place of arbitration” cannot be the basis to determine the intention of the parties that they have intended that place as the “Seat of Arbitration”
Call for Papers- Sun Law Journal Volume I [Submit Abstract by 20th December]
About The SUN LAW JOURNAL It is the flagship journal of the School of Law, Sandip University, Nashik, Maharashtra. It
Supreme Court November 2022| CJI Chandrachud’s to-do list; EWS Quota; Kathua and Chhawla gangrape-murder cases; Rajiv Gandhi assassination case; Never Reported Judgments; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on constitutionality of EWS Quota and dissent; Juvenility of Kathua gangrape-murder accused; acquittal of all Chhawla gangrape-murder accused; why Rajiv Gandhi assassination convicts were set free, and more. It also covers reports on Justice Chandrachud’s appointment as the 50th CJI and his to-do-list; CJI UU Lalit’s retirement; explainers on important law points; some Never Reported Judgments; and career trajectory and important decision of Justice BR Gavai.
Explained| Three types of issues that can be considered in an application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996
Supreme Court: In an appeal against the judgment passed by Telangana High Court, wherein the High Court dismissed the application
Explained| Is there an absolute bar on judicial review of State’s ‘arbitrary’ action in matters arising from non-statutory contracts?
Supreme Court: On the issue of the scope of judicial review of action by the State in a matter arising from a
Gujarat High Court | Notice for appointment of arbitrator cannot be rejected on ground of vague material particulars
Gujarat High Court: While deciding the instant petition, Aravind Kumar, C.J., said that the prayer for appointment of an arbitrator
Delhi High Court| Interpretation of an arbitration clause must be predicated upon a construction of the contract as a whole, and no particular word or phrase should be unduly emphasized to negate the clause of its true meaning
Delhi High Court: In a case filed by Panasonic India Private Limited (petitioner) seeking appointment of an arbitrator to adjudicate disputes which
CNLU | Guest Lecture on “Arbitration: Emerging Trends for Dispute Resolution” [14th October 2022]
The CCADR, CNLU, is going to organise a guest lecture on “Arbitration: Emerging Trends for Dispute Resolution” on 14th October
Delhi High Court | Arbitration cannot be invoked even by consent of the parties once the claim is found to be time-barred
Delhi High Court: In a case filed by Extramarks Education India Private Limited (petitioner) seeking appointment of an arbitrator to
Supreme Court September 2022| Abortion Rights to all ‘women’; Marital Rape; Pre-sentence hearing of death row convicts; Sidhique Kappan’s bail; Collegium Recommendation; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on Unmarried persons’ right to safe abortion, Inclusion of ‘marital rape’ under Abortion laws, Journalist Sidhique Kappan’s bail; Constitution Bench’s opinion on Doctrine of Precedents; Reference of question relating to Pre-sentence hearing of death row convicts; Explainers on important law points; Collegium Recommendation; and more
Court of Appeal of the Republic of Singapore | Jurisdiction of Arbitral Tribunal is only revived to the extent of the remission ordered
“Apart from the remission ordered, there is no basis on which a party in CKH’s position or the Tribunal itself can seek to re-open or expand the subject matter of the award or arbitration.”
High Court of Justice- TCC | “Unusual and surprising” Dispute Resolution Procedure between Children’s Ark and Kajima Construction declared unenforceable due to unclarity
The High Court of Justice (Technology and Construction Court): While deciding the instant matter revolving around the Dispute Resolution Procedure
Arbitration clause, even without the words “final and binding”, valid if the intention of the parties, to abide by arbitrator’s decision, is clear: Supreme Court
When Section 7 or any other provisions of the Arbitration and Conciliation Act, 1996 do not stipulate any particular form or requirements, it would not be appropriate for a court to gratuitously add impediments and desist from upholding the validity of an arbitration agreement.
Delhi High Court: Amendment application being rejected as ‘belated’ does not constitute interim award susceptible to challenge under S 34 Arbitration & Conciliation Act, 1996
Delhi High Court: In a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, (‘A&C Act') challenging
Cox and Kings and the “Group of Companies” Conundrum
by Priyanshu Shrivastava† and Fatema Kinkhabwala††
If a High Court converts itself into Executing Court it will be flooded with writ petitions to execute arbitral awards: SC
Supreme Court: While adjudicating an appeal relating to arbitration, the Division Bench of M. R. Shah* and B.V. Nagarathna, JJ., held that