Competence-Competence Doctrine in Indian Arbitration Law Jurisprudence: An In-Depth Analysis
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2023 SCC OnLine Blog Exp 79
Arbitration
Party given an option to choose from list of five arbitrators, shows panel is not broad based: Delhi High Court
“The Court failed to appreciate as to how the position, where not only does the respondent had the power to unilaterally appoint two out of the three arbitrators and compelled the petitioner to choose one of the panels of five arbitrators can be said to meet the test of ‘counter balancing’.”
7-Judge Bench of Supreme Court all set to reconsider whether unstamped arbitration agreements are valid in law
Having regard to larger ramifications of NN Global case, the Supreme Court viewed that proceedings should be placed before a seven-judge bench to reconsider the correctness of the view by a five-judge bench.
MCIA to conduct Tribunal Secretary Training Program 2023 in Delhi and Mumbai
The Mumbai Centre for International Arbitration is going to conduct Tribunal Secretary Training Program 2023 at Mumbai and Delhi.
Decoding Allahabad High Court verdict on applicability of doctrine of severability on arbitral awards
“Section 34 confers power on the court to set aside an award, the power could be exercised to set aside any or all such awards, whether composite, interim, final or additional”
Accrual of cause of action at a place for pursuing substantive legal action, not a consideration for determining territorial jurisdiction u/s 11 of A&C Act, 1996: Delhi High Court
“As per Clause 31.16 of Letter of Intent between parties, place of arbitration was Faridabad (Haryana), which will be chosen as the seat, since seat has not been separately named and there are no other contrary indicia to show that place of arbitration is not intended to be seat of arbitration.”
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.
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.