Interim Reliefs in Arbitration: Emerging Judicial Trends in India
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2024 SCC OnLine Blog Exp 24
Arbitration
Reference to a document in contract should show intention to incorporate arbitration clause: Supreme Court reiterates
Supreme Court concluded that the instant matter was not one of ‘incorporation’ but a case of ‘reference’ and clarified that a general reference would not have the effect of incorporating arbitration clause.
Issue of non-signatory guarantor to be impleaded as party to arbitration is for arbitral tribunal to decide: Delhi High Court
“Prima facie, Respondents 3-5 are a veritable party to the loan agreement as they are connected with the loan documents and form part of the loan transaction.”
Live | Second Edition of Delhi Arbitration Weekend 2024 (06 -10 March, 2024)
DAW 2024 comprises of focused sessions, curated to serve the need for discussion on the most pertinent themes in arbitration today, such as biases in arbitration, joinder of non-signatories in arbitration, Investor State Dispute Settlement mechanisms in light of today’s economic challenges, interplay of technology and arbitration, amongst others.
‘3 years is a long period for filing application for appointing arbitrator’; SC suggests Parliament to bring amendment prescribing specific limitation period
Supreme Court, while allowing the present petition, appointed Justice Sanjay Kishan Kaul, Former Judge of the Supreme Court of India, to act as the sole arbitrator.
Delhi High Court holds NHPC entitlement as decree enforceable in law; Grants execution of arbitral award
If the part of an Award proposed to be annulled is independent, stands unattached to the other part and can be validly incised, the partial setting aside would be valid and justified. The same also applies to execution proceedings.
Special laws override general laws| Consumer Forums must adhere to Arbitration mandate under Multi-State Co-operative Societies Act: Calcutta High Court
Calcutta High Court noted that specific provision under Section 84 of the Multi-State Co-operative Societies Act, 2002 mandates arbitration for disputes involving members and the society.
Punjab and Haryana High Court deprecates frivolous contest by State instrumentalities over appointment of arbitrators
Punjab and Haryana High Court commented that “Such an approach would defeat the intent and objective behind the incorporation of the Act of 1996, which provides for a speedy and efficacious resolution of disputes.”
Essar Case | Supreme Court allows ArcelorMittal Nippon Steel – Indian Oil to appoint arbitrators
Supreme Court set aside the Delhi High Court’s decision rejecting IOCL’s plea seeking appointment of an arbitral tribunal to settle claims.
‘Limitation period for arbitration to be decided by Arbitral Tribunal while passing order u/s 20 of A&C Act’; Telangana HC appoints nominee arbitrator u/s 11(6)
“It is a well-settled law that while deciding the question of appointment of arbitrator, the Court shall not touch the merits of the case as it may cause prejudice to the case of the parties.”
Delhi High Court grants anti-arbitration injunction in an international commercial arbitration
“It needs no re-articulation that one of the cardinal principles of arbitration is, that since arbitration is a remedy that is founded on consent of parties, the agreed procedure for appointment of an arbitrator must be scrupulously followed. However, the same is not done in the present case.”
Calcutta High Court appoints Special Officer to safeguard Iron Ore as post-arbitral award interim measures under Section 9 of Arbitration and Conciliation Act
The Calcutta High Court noted literal interpretation of Section 9 of the Act supports the idea of provisional relief before the final enforcement of the arbitral award under Section 36.
Calcutta High Court upholds Arbitration Clause; directs parties to resolve dispute arising from distributor agreement through Arbitration
The Calcutta High Court emphasised on the doctrine of “kompetenz-kompetenz”, granting the Arbitral Tribunal the authority to rule on its own jurisdiction, including the existence and validity of the arbitration agreement.
Calcutta High Court dismisses application for appointment of Arbitrator; rules “May” in Clause 13 renders dispute resolution ambiguous
The Calcutta High Court emphasised the need for a clear and unequivocal expression of intent to arbitrate.
50 Landmark Supreme Court Judgments of 2023: The Year of 1067 Judgments; 14 Appointments; and Important Initiatives
2023 was the year of landmark decisions, it kickstarted with Demonetisation verdict; Appointment of Election Commissioners; same sex marriage verdict and went onto settling the tussle between Delhi LG and CM. The mega Maharashtra political crisis was also decided and finally the decision on Abrogation of Article 370 was pronounced.
10 Important Arbitration Judgments of 2023
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2023 SCC OnLine Blog Exp 89
Declaration of status or right/title to property is a relief in personam and is arbitrable: Delhi High Court
“Only when the subject matter of the dispute relates to actions in rem, that do not relate to subordinate rights in personam arising from rights in rem, the subject matter will be non-arbitrable.”
Bombay High Court | One Partner cannot refer a dispute to arbitration in the absence of the other Partners joining
The objection raised was on the ground that, although the applicants and respondent 2 formed a partnership to enter into the investment agreement with respondent 1, the notice invoking arbitration was issued only on behalf of the applicants and that respondent 2, despite being a partner, did not join in issuing the invocation notice.
[S. 37 Arbitration Act] GNCTD to pay costs to Educomp Solutions; Delhi High Court upholds order
In 2001, the appellant, Director of Education under the aegis of the Directorate of Education created by the Government of NCT of Delhi, floated a tender for the implementation of the Computer Education Project (“CEP-II”) for various government/ government aided Senior Secondary Schools, and Educomp Solutions a provider of technology-based educational products and services was awarded the contract.
High Court of Justice upholds challenge to arbitral award of 11 billion USD against Nigeria vis-à-vis Gas Supply and Processing Agreement
The Court termed this case to be highly unusual one that draws attention to matters of wider importance and touches the reputation of arbitration as a dispute resolution process.