Arbitration Law Roundup: A quick recap of the top arbitration cases from November 2024
Top arbitration cases on unilateral appointment, seat of arbitration, limitation period, scope of judicial scrutiny and more.
Arbitration
Internal Complaints Committee obligated to attempt Conciliation to settle sexual harassment case before starting inquiry: MP High Court
“The enquiry is nothing but an eye wash because the same was conducted without following any procedure which had to be mandatorily followed.”
7th ICC India Arbitration Day 2024
The International Chamber of Commerce (ICC) organised the 7th Edition ICC India Arbitration Day bringing together global legal professionals, arbitrators, corporate leaders, and academics to discuss the evolving landscape of arbitration.
‘Delays in system cannot be solely attributed to one particular organ of State’: Law Minister Arjun Ram Meghwal at Third IBA India Litigation and ADR Symposium
Third IBA India Litigation and ADR Symposium 2024: From fringe to focal: India at the centre of international dispute resolution- a symposium presented by the IBA India Working Group of the IBA Asia Pacific Regional Forum and supported by the IBA Arbitration Committee
Under Section 11(6) A&C Act, Referral Court must limit its enquiry to the question of limitation period only: SC
Referral courts, at the stage of deciding an application for appointment of arbitrator, must not conduct an intricate evidentiary enquiry into the question whether the claims raised by the applicant are time barred.”
International Bar Association collaborates with an Indian university for the first time for an accredited program
The International Bar Association Young Lawyers’ Committee hosted this course to assist young members of the legal profession with the fundamentals of international legal practice.
Express designation of place in an arbitration agreement is an appropriate criterion to determine Seat of Arbitration: SC
The Court clarified that the ‘Closest Connection Test’ for determining the seat of arbitration is no longer a viable criterion for determination. The seat of arbitration cannot be determined by formulaic and unpredictable application of choice of law rules based on abstract connecting factors to the underlying contract.
Arbitration Act 1996 a self-contained code which does not distinguish between government and private entities: SC
The Court said that governmental entities must be treated in a similar fashion to private parties insofar as proceedings under the Arbitration Act are concerned, except where otherwise indicated by law.
If dispute is arbitrable and arbitration clause exists, Courts ought to refer dispute to arbitration under S. 8 of A&C Act, 1996: Gauhati HC
In the present case, Clause 12 of the partnership deed indicated that the Partnership Act, 1932 and its Rules shall cover only those aspects not specifically mentioned in the deed.
Supreme Court sets aside Calcutta HC judgment denying extension of arbitration mandate beyond deadline for making an award; Directs fresh adjudication of petition
In the Judgment dated 12-09-2024, Supreme Court had held that an application for extension of time for passing an arbitral award under Section 29A (4) read with Section 29A (5) is maintainable even after the expiry of the twelve-month or the extended six-month period. The court, while adjudicating such extension applications will be guided by the principle of sufficient cause.
ICDR India Conference: Advancing the Future of Dispute Resolution
This report provides insights into the first-ever ICDR Conference held in India. It highlights the key discussions, themes, and outcomes of the event, showcasing the innovative ideas and collaborative efforts presented by participants in the field of dispute resolution.
Delhi High Court refuses to interfere with Award passed by Arbitral Tribunal in petition by the Airports Authority of India
‘Courts, while evaluating a challenge under Section 34, would not be justified in faulting an award merely because an alternative view was possible or that, in their opinion, a more just conclusion could have been reached.’
Arbitration and Conciliation Act | Appellate power of Section 37 is limited within the domain of Section 34: Supreme Court
“Merely for the reason that the view of the Appellate Court is a better view than the one taken by the arbitral tribunal, is no ground to set aside the award”.
SIAC Annual India Conferences 2024| New Developments and Reforms in International Arbitration: The Best Path Forward
The Singapore International Arbitration Center (SIAC) organised its Annual India Conferences 2024 in Mumbai and Delhi on September 6th and 7th respectively
Writ Jurisdiction and Arbitral Autonomy: Striking the Right Balance in India’s Arbitration Landscape
by Vasanth Rajasekaran* and Harshvardhan Korada**
Explained | Supreme Court decision on enforcement of Arbitral Award expressed in foreign currency
To resolve the questions arising and considering the uncertainties regarding time-lapse between the date of the award and its enforceability and the ever-fluctuating exchange rates, the Court formulated twin principles.
Arbitration Bar of India and Bombay Bar Association to host an event on “Judicial Support and Role of Courts in Arbitration”
The event is scheduled on 21-09-2024.
Impleading International Non-Signatories to a Domestic Arbitration: Analysing the Practical Implications
by Prashant Pakhiddey* and Manav Gill**
MCIA forms new 25-member Council of global practitioners
The Mumbai Centre for International Arbitration (MCIA) Council is responsible for the implementation of the MCIA Rules.
Live | Uzbek Arbitration Week (08-13 September, 2024)
This post provides an overview of the key highlights from the Uzbekistan Arbitration Week