Enforcement of Domestic Award: Practical Realities
by Abhinay Sharma† and Lakshmi Subramaniam Iyer††
Arbitration
Third Party Funding
by Hiroo Advani† and Chaiti Desai††
Cite as: 2021 SCC OnLine Blog Exp 45
“Complex” questions involving novation of contract can’t be decided by Court under Section 11 of the Arbitration and Conciliation Act: Supreme Court
“Detailed arguments on whether an agreement which contains an arbitration clause has or has not been novated cannot possibly be decided in exercise of a limited prima facie review as to whether an arbitration agreement exists between the parties.”
BIT Arbitral Awards Virtually Non-Enforceable in India: Does the Delhi High Court Need Course Correction
by Pratyush Miglani*, Nikhil Varma** and Prakhar Srivastava***
Bom HC | Is Navi Mumbai Municipal Corporation entitled in law to impose pre-qualification criteria “contractors whose contract was terminated for unsatisfactory services are ineligible to participate in tender”? Judicial Review, Blacklisting & more. Read on
“Government must have freedom of contract.”
Is passing of “reasoned order” a requisite while refusing to refer a matter to arbitration?
by Baglekar Akash Kumar†
Short delay in filing appeals under section 37 of the Arbitration Act can be condoned in exceptional cases. Here’s why Supreme Court overruled N.V. International verdict
Supreme Court: The 3-judge bench of RF Nariman, BR Gavai and Hrishikesh Roy, JJ has held that given the object of speedy
[Amazon v. Future Retail] From Emergency Arbitrator to Group of Companies Doctrine – Delhi HC covers all while restraining Future Group from proceeding further with Disputed transaction
Delhi High Court: In the notable ruling of Amazon v. Future Retail, J.R. Midha, J. of Delhi High Court considered three crucial
Where one party habitually resides in a foreign country, arbitration becomes an international commercial arbitration even when the business is being carried through an office in India: SC
Supreme Court: The Division Bench of R.F. Nariman* and B.R. Gavai, JJ., addressed an important case regarding nature of arbitration under Arbitration
In what circumstances can a criminal proceeding be quashed? Supreme Court yet again answers the “hotly debated” question on scope of exercise of HCs’ power under Section 482 CrPC
“The exercise of inherent power of the High Court is an extraordinary power which has to be exercised with great care and circumspection before embarking to scrutinise the complaint/FIR/charge-sheet in deciding whether the case is the rarest of rare case, to scuttle the prosecution at its inception.”
3 years’ limitation period ‘unduly long’; Necessary for Parliament to fill the vacuum by prescribing a specific period of limitation under Section 11 of the Arbitration and Conciliation 1996: SC
3 years is an unduly long period for filing an application under Section 11, since it would defeat the very object of the Act, which provides for expeditious resolution of commercial disputes within a time bound period.
Jhar HC | [Galudih Barrage Irrigation Project] HC upholds arbitral award after certain modifications; explains principles of adjustment, counterclaim and set off
Jharkhand High Court: The Division Bench comprising of Aparesh Kumar Singh and Anubha Rawat Choudhary, JJ., heard the instant Commercial Appeal challenging
SC calls for amendment to Sections 11(7) & 37 of the Arbitration and Conciliation Act, 1996 to bring Sections 8 & 11 at par on appealability. Read how Vidya Drolia judgment has led to an anomaly
Supreme Court: In the light of the “prima facie” test laid down last year in Vidya Drolia v. Durga Trading Corporation, (2021) 2
Limitation for challenging arbitral award can only commence from date of receipt of signed copy and not from the receipt of draft: Supreme Court
Supreme Court: The bench of Indu Malhotra* and Ajay Rastogi, JJ was posed with the question as to whether the period of
Del HC | What is the scope of Court’s jurisdiction while examining application under S. 8, Arbitration and Conciliation Act. What is effect of ‘Chalk & Cheese’ case of non-arbitrability? HC examines in “Hero” electric bikes dispute
Delhi High Court: C. Hari Shankar, J., expressed while addressing a dispute that: “Where a valid arbitration agreement exists, the decision also
Aggrieved by an order refusing condonation of delay in filing application under section 34 of the Arbitration Act, 1996? Appeal lies, holds Supreme Court
“Undoubtedly, a limited right of appeal is given under section 37 of the Arbitration Act, 1996. But it is not the province or duty of this Court to further limit such right by excluding appeals which are in fact provided for, given the language of the provision.”
Arbitrability of Fraud: Is the Anomaly Solved
by Shuchi Sejwar* and Arpit Lahoti**
Parties agreeing to out-of-court settlement without judicial intervention under Section 89 CPC can’t be denied benefit of refund of court fees; they are “even more deserving”: Supreme Court
“No justifiable reason why Section 69-A of Tamil Nadu Court Fees and Suit Valuation Act, 1955 should only incentivize the methods of out-of-court settlement stated in Section 89, CPC and afford step brotherly treatment to other methods availed of by the parties.”
Does the presence of arbitration clause in a contract with State oust the jurisdiction under Article 226? Supreme Court answers
“The State and its instrumentalities are not exempt from the duty to act fairly merely because in their business dealings they have entered into the realm of contract.”