Time to change from Ad hocism to Institutional Arbitration, says Justice Hemant Gupta at IIAC’s conference on Institutional Arbitration
Attorney General for India makes an announcement for creating the All-India Arbitration Bar.
Arbitration
Calcutta High Court grants stay on constitution of “High-Level Enquiry Committee” pending appeal in Arbitration case
Calcutta High Court allowed Section 34 application of the railways and directed that the Court hearing Section 34 application should not be guided by any remarks made by the Judge in the impugned order.
Can a writ petition for restoration of dealership, arising out of a non-statutory contract be maintainable? Allahabad HC answers
Allahabad High Court said that negative onus cannot be fastened upon the petitioners as alleged by the Corporation, as it is not in dispute that at the time of survey, the dispensing unit was not in working condition or it was not dispensing oil.
Bombay High Court restrains enforcing anti-suit permanent injunction order passed by Singapore High Court; Applied three-pronged test
At this juncture, examining whether the petition filed before the NCLT can be said to be a ‘dressed-up’ petition, would necessarily require a detailed exercise to be carried out by this Court to render findings either way clearly impinging upon the exclusive jurisdiction of the NCLT in deciding such a question.
HIGH COURT SEPTEMBER 2023 WEEKLY ROUNDUP| Stories on Live-in relationship; Child custody; Financial incapacity of Spouse; Seat of arbitration and more
A quick legal roundup to cover important stories from all High Courts this week.
Domestic and International Arbitration only differ in dispute resolution mechanism, not in essence: Justice Vibhu Bakhru at 14th Annual International Conference 2023
The Nani Palkhivala Arbitration Centre (‘NPAC’) conducted 14th Annual International Conference 2023 on ‘Recent Advances and Developments in Global Arbitration’ on September
[S.34 Arbitration Act] Delhi High Court upholds arbitral award for lack of benefit of the ground of “patent illegality”
A party cannot simply raise an objection on the ground of patent illegality if the Award is against them. Patent illegality requires a distinct transgression of law, the clear lack of which makes the petition a pointless effort of objection towards an Award passed by a competent Arbitral Tribunal.
S 34 (4) cannot save or aid an arbitral award suffering from illegalities stipulated under S. 34(2) Arbitration Act: Delhi High Court
Section 34 of the Arbitration Act is a clear and unequivocal embodiment of the Legislature‘s intent to balance the competing facets of arbitration, I.e., on one hand, while courts are enjoined to follow the minimalist intervention route, it would clearly be a travesty of justice if they were to fail to intervene where circumstances warrant, and demand corrective measures being adopted.
“Holistic and Common-sense interpretation of Arbitration Clause”; Calcutta High Court grants interim relief, allows access to financial records and account funds
Calcutta High Court held that all the reliefs sought by the petitioner is to protect the subject matter of the arbitration and to preserve the rights of the parties under the Share Purchase Agreement (SPA).
Liberty Footwear v. Liberty Shoes : Delhi High Court dismisses the petition for the want of jurisdiction
“District Court, Karnal where the first petition was filed pertaining to the Agreement in question alone shall have jurisdiction over the arbitral proceedings and all subsequent applications arising out of the Licence Agreement. No other Court can entertain any subsequent application.
Principal Amount should be static; Arbitral Tribunal cannot add pre-reference interest to the principal amount: Delhi High Court
“The interest awarded for that period could not have been subjected to a further levy of interest running through the period during which proceedings remained pending before the tribunal.”
“If there is robust due process, there will be less paranoia” Justice Vibhu Bakhru at International Arbitration Dialogues
India International Arbitration Centre (‘IIAC’) organized an International Arbitration Dialogues on 22-08-2023 powered by Alvarez & Marsal and EBC and SCC Online
Can Micro & Small Enterprises Facilitation Council entertain references to arbitration from ‘Medium Enterprises’ under MSMED Act, 2006? Delhi High Court analyses
The MSMED Act, 2006 is a beneficial legislation for Micro, Small and Medium Enterprises and ought to be construed in a manner that is beneficial to such enterprises.
Consent for extending arbitral period under Section 29A(3) of 2015 Amendment Act doesn’t need to be express or in writing: Himachal Pradesh HC
“The consensus of the parties in proceeding with the arbitration case beyond twelve months without raising any objection to the continuation of proceeding does amount to consent. On the basis of such consent, the arbitral award if passed after six months would be a valid award.”
Madhya Pradesh High Court allows fresh adjudication on limitation issue in Arbitration appeal
Madhya Pradesh High Court held that the Trial Court failed to properly adjudicate the issue related to calculation of limitation period.
[S. 34 Arbitration Act] Delhi High Court refuses to interfere in Indian Railway’s plea regarding arbitral award being perverse
Indian Railway’s has failed to substantiate its grounds for setting aside the impugned Arbitral Award that the impugned award suffers from patent illegality and the findings therein are perverse and would shock the conscience of this Court.
Mere use of word ‘arbitration’ or ‘arbitrator’ not enough to construe an agreement to be an arbitration agreement: Delhi High Court
“It is palpably clear that the language of the purported arbitration clause must evidence an unambiguous, explicit and unequivocal intention to refer the disputes to arbitration, leaving no room for doubt that parties chose arbitration as their only mode of resolution of disputes.”
Court does not require statutory sanction before permitting an award-holder to withdraw secured amount: Calcutta High Court
“Award-holder must be given the fruits of the victory unless the Court finds that the enjoyment may be deferred subject to the award-debtor securing the award pending a shot at having the award set aside.”
SEBI introduces Online Dispute Resolution Portal to harness disputes arising in Indian Securities Market
On 31-7-2023, the Securities and Exchange Board of India (‘SEBI') introduced a common Online Dispute Resolution Portal (‘ODR Portal') which will harness