Arbitration

Case BriefsSupreme Court

Rejecting counter-claim or set-off may lead to parallel proceedings before various fora and offend the very purpose S. 23 of Arbitration Act: SC  

Supreme Court: The Division Bench of M.R. Shah* and Sanjiv Khanna, JJ., reversed concurrent findings of the Arbitral Tribunal and the Delhi

OP. ED.SCC Journal Section Archives

Fraud and Arbitration — Deconstructing the Russell Principles*

by Nandini Khaitan†

Case BriefsHigh Courts

Merely showing existence of another reasonable interpretation not sufficient to allow for interference; Punjab and Haryana HC refuses to interfere with arbitration award

Punjab and Haryana High Court: While dismissing the appeal preferred by the appellant challenging the order dated 12-12-2018 passed by the Additional

Interviews

In conversation with Senior Advocate Sanjay Bhasin, on his journey in the field of litigation and arbitration

Interviewed by Ayush Shukla

Legislation UpdatesRules & Regulations

Remunerations of Executive Officers in Arbitration Council decide vide Arbitration Council of India (Terms and conditions and salary and allowances payable to Chairperson and Members) Rules, 2022

On 9-7-2022, Central Government notified Arbitration Council of India (Terms and conditions and salary and allowances payable to Chairperson and Members) Rules,

Case BriefsHigh Courts

Rajasthan High Court | No award can be remitted to the arbitrator where there are no findings in the contentious issues of the award

    Rajasthan High Court: Ashok Kumar Gaur, J. found that the writ petition by the petitioner lacks merit and dismissed it

Call For PapersLaw School News

Call for Blogs | USLLS ADR Blog [No fee, Rolling Submissions]

Reported by Sarthak Yadav

Op EdsOP. ED.

Judiciary’s Robe of Activism in ADR Matters

by Soumyaa Sharma†

New releasesNews

“What India needs to do next is to breathe a little bit. Let the developments settle in, do not constantly tinker”: A recap of the Book Launch and Panel Discussion on Arbitration Law

Eastern Book Company released two books on arbitration titled Arbitration and Conciliation: A Commentary by RV Prabhat and Saurabh Bindal; and the

Interviews

In conversation with Tushar Agarwal on his journey of law school, and being awarded the Top 100 Lex Falcon Award, as a First-Generation Lawyer

Interviewed by Khushbu Sood

Case BriefsHigh Courts

Calcutta High Court| Order XLI, Rule 5(1) of the CPC grants the court discretion to stay the execution of a decree for ‘sufficient cause’; Award by arbitral tribunal upheld

    Calcutta High Court: Shekhar B. Saraf, J. upheld the award granted by the Arbitral Tribunal holding that the award holder

Case BriefsHigh Courts

Himachal Pradesh High Court | Lack of immediate remedy under Arbitration Act not a ground to challenge an arbitral order passed on miscellaneous application before High Court

Himachal Pradesh High Court: In the case where it was argued before the Court that the Arbitration and Conciliation Act, 1996 (for

Cases ReportedSCC Weekly

2022 SCC Vol. 5 Part 2

Civil Procedure Code, 1908 — Or. 41 Rr. 4 & 33, Ss. 96, 100 and Or. 20 R. 18 — Partition suit

Case BriefsHigh Courts

Del HC | Commercial wisdom of the parties in an agreement not to be revisited; arbitral tribunal cannot re-work the terms owing to commercial difficulties of one party

Delhi High Court: Vibhu Bakhru, J. while hearing an application against award of an arbitral tribunal has held that it would not

Case BriefsHigh Courts

Del HC │ Justice Deepak Gupta, former Judge of the Supreme Court of India appointed as the Arbitrator to adjudicate the disputes in L&L Partners Litigation firm after unsuccessful mediation

Delhi  High Court: Prateek Jalan, J. took up a petition which was filed under Section 9 of the Arbitration and Conciliation Act,

Legal RoundUpWatch Now

Weekly Rewind Ep. 63| Sex Workers’ right to dignity; Hindu Women’s right to property; right to dissent; freedom of press; and more

Top Story of the Week Aadhaar Card for Sex Workers| Supreme Court bats for sex workers’ right to dignity; directs UIDAI to

Case BriefsForeign Courts

SCOTUS | Courts should not make procedural rules favoring arbitration; FAA Policy not to foster arbitration

Supreme Court of the United States (SCOTUS): Elena Kagan, J. has clarified that a party challenging arbitration does not need to prove

Case BriefsHigh Courts

If arbitrator’s son was married to niece of one of parties, would that be described as a close family relationship resulting in ineligibility of Arbitrator by virtue of S. 12(5) of the A&C Act? Del HC examines

Delhi High Court: While addressing the ineligibility of an arbitrator to be appointed, Vibhu Bhakru, J., elaborated on the expression ‘close family

Case BriefsSupreme Court

Non-execution of Arbitration Award even after 30 years-long delay: SC slams Allahabad High Court; U.P. Government to consider constituting four Additional Commercial Courts

Supreme Court: On being apprised of 30 years-long delay in execution of an Arbitration Award, the Division Bench comprising M.R. Shah and

Case BriefsHigh Courts

[Doctrine of Separability] AP HC discussed the enforceability of arbitration clause embedded in an unstamped charter party/agreement

Andhra Pradesh High Court: A Division Bench of Prashant Kumar Mishra, CJ and M Satyanarayan Murthy, J. dismissed the appeal being devoid