Explained| Can An Award Be Remitted To The Arbitrator In Absence Of Findings On The Contentious Issues?
Supreme Court: Explaining the provision of remission under Section 34 (4) of the Arbitration and Conciliation Act, 1996, the bench of R.
Arbitrator
If arbitrator becomes functus officio, can provisions under Ss. 14 and 15 of the A&C Act to appoint substitute arbitrator be invoked? Allahabad HC decides
Allahabad High Court: Noting the significance of Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, Jayant Banerji, J., expressed
Explained| Can arbitrator grant pendente lite interest if contract expressly bars payment of interest?
Supreme Court: The bench of SA Nazeer* and Krishna Murari, JJ has held that if the contract contains a specific clause which
ICADR Rules regarding procedure come into play only after arbitration commences before appropriate jurisdiction of law: Del HC summarises law on seat, venue of arbitration
Delhi High Court: While observing that the role of ICADR Rules shall come into play with regard to the procedure to be
Can an officer of the department, appointed as sole arbitrator, continue the arbitration proceedings after his retirement? SC answers
Supreme Court: The bench of MR Shah* and AS Bopanna, JJ has held that once an officer of the department is appointed
Chairman of party who entered into arbitration, can he be categorised as eligible under Arbitration and Conciliation Act? SC highlights impartiality of arbitrators as a key element while pronouncing this ruling
Supreme Court: Expressing on the aspect of independence and impartiality of the arbitrators, Division Bench of M.R. Shah and Aniruddha Bose, JJ.,
Del HC | Whether once a bench of SC has doubted correctness of an earlier bench of co-equal strength, and referred the issue to a larger bench, Courts lower in hierarchy should continue to follow earlier decision – Is it debatable?
Delhi High Court: C. Hari Shankar, J. observed that, The question of whether, once a bench of the Supreme Court has doubted
Arbitrator cannot rewrite contract for parties; Arbitral award based on no evidence or in ignorance of vital evidence comes in realm of patent illegality: SC
Supreme Court: A Division Bench comprising of R.F. Nariman and B.R. Gavai, JJ. held that an arbitral award which is based on
Can Courts modify Arbitral Awards under S. 34 of Arbitration Act or is power limited? SC decides
Supreme Court: The Division Bench of R.F. Nariman and B.R. Gavai, JJ., while addressing a significant and interesting question of law expressed
Del HC | Are trademark disputes arbitrable? Court interprets S. 8 of Arbitration Act; differentiates between rights emanating from Trademark Act and Trademark Agreement
Delhi High Court: Jayant Nath, J., observed that the assignment of the trademark is by a contract and not by a statutory
Del HC adverts to scope of judicial review of an arbitral award; Wades through bunch of pleas including violation of Part 1, CPC and insurance against breakage during transit, etc.
Delhi High Court: V. Kameswar Rao, J., refused to interfere with the award passed by the Arbitrator and dismissed a petition filed under
Del HC | Can sole arbitrator’s appointment be disputed if he was consultant/advisor to one of the parties to dispute? Court examines
Delhi High Court: J.R. Midha, J., in view of serious doubts on the independence of sole arbitrator as named in the arbitration
Del HC | Whether disability of an appointing authority to appoint an arbitrator frustrate the arbitration agreement. HC unravels in light of Arbitration and Conciliation (Amendment) Act, 2015
Delhi High Court: Vibhu Bakhru, J., while addressing the matter in respect to the invocation of an arbitration clause expressed that: “…the
Where one party habitually resides in a foreign country, arbitration becomes an international commercial arbitration even when the business is being carried through an office in India: SC
Supreme Court: The Division Bench of R.F. Nariman* and B.R. Gavai, JJ., addressed an important case regarding nature of arbitration under Arbitration
Limitation for challenging arbitral award can only commence from date of receipt of signed copy and not from the receipt of draft: Supreme Court
Supreme Court: The bench of Indu Malhotra* and Ajay Rastogi, JJ was posed with the question as to whether the period of
Applicability of the Law of Limitation to Arbitration Proceedings
by Gunjan Chhabra†
Ker HC | Powers of Court under S. 34 of the Arbitration Act, 1996 are merely supervisory in nature; Court cannot correct errors from the order of Arbitrator, but can only quash it: HC explains
Kerala High Court: The Division Bench of C.T. Ravikumar and K. Haripal, JJ., partially allowed the instant appeal challenging the correctness of
Cal HC | [S.11(6) Arbitration & Conciliation Act, 1996] Reiterating independence and impartiality of the Arbitrator, Court appoints former justice of the present court to preside over as the sole arbitrator
Calcutta High Court: Ashis Kumar Chakraborty, J., while allowing the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996