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“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.”
“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.”
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.
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.
The Calcutta High Court emphasised the need for a clear and unequivocal expression of intent to arbitrate.
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.
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2023 SCC OnLine Blog Exp 89
“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.”
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.
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.
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.
“The limitation for filing an application will start to run from the day when the cause of action accrues regardless of the existence of an arbitration clause.”
The festive month of November revolved around some of the major matters before the Supreme Court. The Top Court gave guidelines for streamlining adoption process and expeditious disposal of criminal cases. The roundup covers the top stories for the month along with the segment of Never Reported Judgments and Know Thy Judge.
The International Chamber of Commerce is organizing 6th ICC India Arbitration Day on 2-12-2023 while celebrating the Centenary of the ICC International
The 4th edition of the conference will be held in New Delhi from 8th to 10th December, 2023
The procurement of LNG may become onerous as had happened in August and December 2022 but no irreparable loss and injury would result to the ArcelorMittal Nippon Steel.
Whilst the court is not unduly bound by the texts or Order XXXVIII Rule 1 and 2 or Order XXXVIII Rule (5) or any other provisions of CPC, the substantial principles for grant of such interim measures cannot be disregarded.
Supreme Court issued notice in the present SLP and tagged it with SLP titled Rohan Builders (India) Pvt. Ltd. vs. Berger Paints India Ltd.
“The credibility of the evidence is the evidence of the credibility of claim for loss of profit”.
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2023 SCC OnLine Blog Exp 79