Arbitration
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,
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 Blogs | USLLS ADR Blog [No fee, Rolling Submissions]
Reported by Sarthak Yadav
Judiciary’s Robe of Activism in ADR Matters
by Soumyaa Sharma†
“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
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
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
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
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
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,
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
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
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
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
[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
Change of venue does not result in change of the seat of arbitration; holding otherwise would create a recipe for litigation: Supreme Court
Supreme Court: The bench of Ajay Rastogi and Sanjiv Khanna*, JJ has held that subsequent hearings or proceedings at a different location
Ori HC | It is only when a purchase order is placed that a ‘contract’ would be entered into and only then arbitration clause would become part thereof
Orissa High Court: S. Muralidhar, CJ. dismissed the petition, declined the appointment of arbitrator and left it open to the petitioners to
Read exclusive extract from Arbitration and Conciliation: A Commentary by Saurabh Bindal and RV Prabhat
About the book Arbitration and Conciliation: A Commentary by Saurabh Bindal and RV Prabhat is a sectionwise analysis of the 1996 Act and