[Majority View] Unstamped Arbitration Agreements are not valid in law: Supreme Court
The Five-Judge Bench of Supreme Court in 3:2 majority approved paragraphs 22 and 29 of Garware Wall Ropes case, and to this extent, also approved Vidya Drolia case.
Arbitration
Arbitral award itself stands vitiated, if passed by unilaterally appointed arbitrator(s): Calcutta High Court
Calcutta High Court held that an arbitrator unilaterally appointed by one party lacks inherent jurisdiction to adjudicate disputes between both the parties.
Delhi High Court affirms Dart Properties Private Limited’s right to walk, take over and run cinema hall as Reliance Mediaworks subsidiary CVPL defaults Rs 50 Lakhs payment
The Delhi High Court observed that Cinema Ventures Private Limited, the defaulting entity, neither filed the undertaking as assured to the court nor made any payment but rather continued to be in the possession of the property.
IIAC notifies International Arbitration Centre (Criteria for Admission to the panel of arbitrators) Regulations, 2023
On 31-3-2023, the India International Arbitration Centre (‘Centre’) notified the India International Arbitration Centre (Criteria for Admission to the panel of arbitrators)
ILSCA, Pune | Winter School Programme in Alternative Dispute Resolution Mechanisms [27 March – 6 April 2023]
Indian Law Society’s Centre for Arbitration and Mediation, Pune announces Winter School Programme in Alternative Dispute Resolution Mechanisms from 27th March 2023
RGNUL 1st Annual National Seminar on Alternative Dispute Resolution in India [Submit Abstract by April 5]
About RGNUL, Punjab Rajiv Gandhi National University of Law (RGNUL), Punjab, was established by the State Legislature of Punjab by passing the
All unilateral appointments of arbitrators are not invalid: Calcutta High Court
Calcutta High Court held that all the unilateral appointment of arbitrators is not invalid unless the arbitrator’s relationship falls within the Seventh Schedule to the Arbitration and Conciliation Act, 1996.
Delhi High Court denies relief for specific performance of collaboration agreement in view of the bar under Section 14 (d) Specific Relief Act, 1963
The Collaboration Agreement is a commercial transaction between the private parties and hence the same by its very nature is determinable, even if there is termination clause in the Collaboration Agreement
5th RGNUL Sports & Entertainment Law Mediation Competition, 2023 [Register by March 12]
ABOUT RGNUL Rajiv Gandhi National University of Law (RGNUL), Punjab, was established by the State Legislature of Punjab by passing the Rajiv
Bombay High Court refuses to interfere with arbitration award for consolidated claims
Concluding that the principal contention raised by the petitioner regarding consolidation of claims arising out of nine separate contracts is devoid of substance, the Bombay High Court dismissed the petition refusing to interfere with the arbitral award.
“In India, the Arbitration movement has to grow, and people must have faith to participate in this movement”: Former CJI NV Ramana
At a symposium on ‘Issues Arising out of Construction Contracts: Advocacy & Evidence’ organized by Saraf & Partners Law Offices and the Society of Construction Law, India, Former CJI N.V. Ramana discussed various challenges while adjudicating disputes arising from construction contracts.
Delhi High Court finds no ground for interference as reappreciation of evidence is beyond the scope of Section 37 Arbitration Act
The scope of a challenge under Section 34 Arbitration and Conciliation Act, 1996 and Section 37 of the Arbitration Act, 1996 is limited to the grounds stipulated in Section 34 Arbitration Act.
“Unless the foreign award contravenes a fundamental and non-derogable principle or core value, refusal to recognise is not warranted”: Madras High Court
The High Court of Madras recognised the foreign arbitration award pronounced by the Singapore International Arbitration Centre (‘SIAC’) and found that the respondents have failed to establish any ground for refusing the recognition of foreign award.
Know Thy Judge| Justice Surya Kant
Born on 10-02-1962 in Hisar, Justice Surya Kant, has the distinction to be appointed as the youngest Advocate General of Haryana. Before being elevated as a Supreme Court Judge, Justice Surya Kant served as a Judge in the Punjab and Haryana High Court and as Chief Justice of Himanchal Pradesh High Court.
In cases of urgency and to preserve party’s rights, arbitral proceedings can be initiated even when conciliation proceedings were pending: Delhi High Court
The Delhi High Court held that even if the Contract clearly stated that before resorting to arbitration, the parties agreed to explore Conciliation by the Committee, the same cannot be held to be mandatory in nature. Further, the Court held that in case of urgency, arbitral proceedings can be initiated even when conciliation proceedings were pending.
Delhi High Court applies the doctrine of kompetenz-kompetenz to refer the dispute to an Arbitral Tribunal
An arbitration agreement that is embedded within a contract would always be considered as a separate and severable clause, and despite a reference being made by the court the arbitrator is free to decide on their jurisdiction including the existence of the arbitration agreement in accordance with the kompetenz-kompetenz principle
Madras High Court| Non-signatories can join as parties to arbitral proceedings, if they are the ‘alter ego’ of the signatory
Madras High Court held that the petitioners are not entitled to join respondents 3 to 5 as parties to arbitral proceedings, as they do not qualify as “alter egos” of the first respondent or as successors-in-interest.
Delhi High Court applies the rule of ‘contra proferentem’ to uphold the arbitral award not being hit by ‘patent illegality’
The ground of Patent illegality gives way to setting aside an Arbitral Award with a very minimal scope of intervention. A party cannot simply raise an objection on the ground of patent illegality if the Award is simply against them. Patent illegality requires a distinct transgression of law, the clear lack of which thereof makes the petition simply a pointless effort of objection towards an Award made by a competent Arbitral Tribunal.
Why Delhi High Court upheld the award of damages passed by Single Judge on account of mental agony and harassment in the case of a commercial contract?
All that the respondent wished for was a better roof over the head of his family. It was for this objective that the collaboration agreement was devised, but the appellant subjected the respondent to undue harassment on account of his illegal designs which led to the registration of the FIR, and the respondent had to run from pillar to post due to the direct acts of the appellant. Such circumstances do warrant awarding of damages on account of mental agony and harassment.
Section 138 NI Act| Conviction cannot be confirmed once parties enter into MoU for amicable settlement of dispute: Supreme Court
The Supreme Court observed that such settlement is nothing but a compounding of the offence and hence, the Court cannot override such compounding and impose its will.