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
Arbitration
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
Meet the Panellists of the Arbitration Book Launch & Discussion on 24th May at 2 pm
The book release of Arbitration and Conciliation: A Commentary by Saurabh Bindal and RV Prabhat and the 12th edition of Dr Avtar Singh’s
Whether Arbitration involving third parties leading to other proceedings would be arbitrable? Kar HC answers
Karnataka High Court: B.M. Shyam Prasad, J., held that there cannot be a complete adjudication of the petitioner’s rights unless the third
Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 encroaches upon the judicial power of the State; held unconstitutional: SC
Supreme Court: The bench of L. Nageswara Rao* and BR Gavai, JJ has held that the Kerala Revocation of Arbitration Clauses and
110 Reports from 20 High Courts: Money Laundering, Child Marriages, Rule of Law, PC & PNDT Act, Adultery, Media Trial and more | April RoundUp 2022
110 Reports from 20 High Courts Allahabad High Court Money Laundering For money launderers “jail is the rule and bail is an
Levy of Liquidated Damages | If a contract comprises, several components awarded to different contractors, would it be inapposite to blame contractor that was last in completing work for loss suffered on account of delay in completing Project? Del HC answers
Delhi High Court: While reiterating the law on award of liquidated damages, Vibhu Bakhru, J., expressed that, where a contract comprises, several
Can mere filing of proceedings under S. 7 IBC be treated as an embargo on Court exercising jurisdiction under S. 11 of Arbitration & Conciliation Act? Bom HC explains
Bombay High Court: A very interesting question was considered by G.S. Kulkarni, J., the question being, whether mere filing of a proceeding
Making Alternative Dispute Resolution the Primary Mode of Dispute Resolution
by Tariq Khan† and Shriya Luke††
Cite as: 2022 SCC OnLine Blog Exp 36
Cal HC | Scope of S. 9 of A&C Act cannot be extended to enforcement of award or granting fruits of award to award holder as an interim measure; application dismissed
Calcutta High Court: Ravi Krishan Kapur, J. dismissed an application which was filed under Section 9 of the Arbitration and Conciliation Act,
Scope of examination under S. 11 of A&C Act is confined to existence of arbitration agreement or does it extend to adjudicating nature of contract as well? Del HC addresses
Delhi High Court: Vibhu Bakhru, J., held that whether claims are barred by limitation is a mixed question of fact and law