Mediation Bill, 2021 introduced in Rajya Sabha
On December 20, 2021, a Mediation Bill (Bill No. XLIII of 2021) has been introduced in Rajya Sabha with an object to
Arbitration
Scope of interference by HC under Art. 227 of Constitution of India: Can an interlocutory order of a Commercial Court be challenged in High Court? Del HC explains
Delhi High Court: Amit Bansal, J., decided under whether the High Court under Article 227 of the Constitution of India can interfere
Not open to approach M.P. Arbitration Tribunal in reference when the very same claim is already decided by Arbitrator appointed by High Court: Supreme Court
Supreme Court: The Division Bench of M. R. Shah* and B.V. Nagarathna, JJ., held that where the Arbitrator appointed by the High
Kar HC | Excepted/excluded matters in arbitration agreement cannot be referred to resolution by way of arbitration
Karnataka High Court: SR Krishna Kumar, J., disposed of the petition and directed the petitioner-company to avail such remedies as available in
All HC | Can Executing Court’s order for enforcement of arbitral award be challenged under Art. 226? HC decides
Allahabad High Court: Dr Yogendra Kumar Srivastava, J., held that, Section 36 of the 1996 Act makes the arbitral award capable of
Can NCLT entertain an arbitrable dispute? SC sets the yardsticks of residuary powers of NCLT under IBC
“The residuary jurisdiction of the NCLT cannot be invoked if the termination of a contract is based on grounds unrelated to the insolvency of the Corporate Debtor.”
High Courts Monthly RoundUp — November 2021
Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of November.
‘General phraseology of a contract cannot constitute agreement to apply statutory amendments retrospectively’; SC holds contractual clauses cannot run contrary to legislative intent
Supreme Court: The Division Bench of Sanjay Kishan Kaul and M.M. Sundresh, JJ., held that a generally worded clause of a contract
Contractual bar on interest doesn’t only bar the parities from claiming it but also the Arbitrator from awarding it: SC
“Once the contractor agrees that he shall not be entitled to interest on the amounts payable under the contract, including the interest upon the earnest money and the security deposit, the arbitrator in the arbitration proceedings being the creature of the contract has no power to award interest”
Decreeing a claim while exercising jurisdiction under Section 37 of Arbitration and Conciliation Act 1996 impermissible: SC
Supreme Court: In a case where the Punjab and Haryana High Court not only set aside the judgment of the District Judge
Relief under S. 9 of the Arbitration and Conciliation Act: Can it be granted to a party who is not party to arbitration agreement? Read Utt HC’s ruling
Uttaranchal High Court: Emphasizing on the purpose and object of Section 9 of the Arbitration and Conciliation Act, 1996, Division bench of
Does an arbitration clause in an agreement bar consumer forum’s jurisdiction? NCDRC answers relying on SC decision
National Consumer Disputes Redressal Commission (NCDRC): Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member)reiterated that the presence of an
Exploring the Use of UNCITRAL’s Arbitration Rules and Materials in Indian Ad Hoc Arbitrations
by Hasit B. Seth†
Cite as: 2021 SCC OnLine Blog Exp 81
What is the Appropriate Stage to Challenge Unilateral Appointment
by Ramkishore Karanam*and Mahasweta M.**
The Milestone Achievement of Amazon in Reinstating the Status Quo of Party Autonomy in Domestic and International Commercial Arbitrations
by Swarnendu Chatterjee*and Sneha Rath**
Explained| Pre-deposit of 75% of arbitration award amount under Section 19 of the MSME Act, 2006 mandatory or discretionary?
Supreme Court: The bench of MR Shah* and AS Bopanna, JJ has held that in an appeal/application filed under Section 34 of
Arbitral Award and Patent Illegality: Del HC’s decision focusing on methodology adopted by Arbitral Tribunal for calculating arbitral award on finding error in Surveyor’s report
Delhi High Court: The Division Bench of Rajiv Shakdher and Talwant Singh, JJ., while addressing a matter with regard to the arbitral
India and Retrospective Tax on Indirect Transfers: Burying the Hatchet
by Indruj Singh Rai† and Hardeep Singh Chawla††
Cite as: 2021 SCC OnLine Blog Exp 75
Explained| Can arbitrator grant pendente lite interest if contract expressly bars payment of interest?
Supreme Court: The bench of SA Nazeer* and Krishna Murari, JJ has held that if the contract contains a specific clause which
Whether limitation falls within the power of the Arbitral tribunal to rule on its own jurisdiction – RF Nariman’s judgment in Indian Farmers case
by Hiroo Advani† and Manav Nagpal††
Cite as: 2021 SCC OnLine Blog Exp 73