Arbitrator Archives | Page 4 of 5

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

Case Briefs High Courts

HP HC | [Appointment of Arbitrator] An arbitral issue which can be adjudicated by a retired judge of the High Court, must not be awaited for the want of technical expertise

Himachal Pradesh High Court: L. Narayana Swamy, CJ., while allowing the present petition under Section 11 of the Arbitration and Conciliation Act,

Case Briefs High Courts

HP HC | Claim barred by limitation is a question of law and facts which Arbitral Tribunal or Arbitrator has to consider on the basis of record; petition allowed

Himachal Pradesh High Court: L. Narayana Swamy CJ., while exercising its powers under Section 11(6) of the Arbitration and Conciliation Act, 1996,

Legislation Updates Statutes/Bills/Ordinances

Arbitration and Conciliation (Amendment) Ordinance, 2020: Stakeholder get opportunity to seek unconditional stay of enforcement of arbitral awards induced by fraud or corruption

President promulgates Arbitration and Conciliation (Amendment) Ordinance, 2020 Amendment of Section 36 In Section 36 of the Arbitration and Conciliation Act, 1996

Case Briefs High Courts

All HC | Arbitration Act has been framed with the purpose of expeditious disposal of disputes; a disagreeing party can challenge arbitrator’s appointment by raising a valid ground under R. 24 of Schedule-V

Allahabad High Court: In a case revolving around the appointment of the arbitrator, Sangeeta Chandra, J., disposed of the application in respondent’s

Case Briefs High Courts

Utt HC | Once the arbitrator applies his mind to matter before him, Court should not reappraise the matter as in appeal; Appeal dismissed

Uttaranchal High Court: Manoj K. Tiwari, J. decided the Appeal filed against the order of the District Judge in an Arbitration case.

Case Briefs High Courts

HP HC | Court to grant further extension, when an award cannot be made even within the extended period by the Competent Authority

Himachal Pradesh High Court: The instant petition was related to Section 29-A of Arbitration and Conciliation Act, 1996 entertained by Jyotsna Rewal

Case Briefs High Courts

Bom HC | Finding of fact recorded by Arbitrator which is patently illegal is open to challenge under S. 34 of A&C Act

Bombay High Court: C.V. Bhadang, J. allowed an appeal filed against the decision of the District Judge whereby he had dismissed appellant’s petition

Case Briefs High Courts

Ori HC | Party to arbitration agreement not entitled to pre reference and pendente lite interest, in absence of provision regarding the same in arbitration agreement

Orissa High Court: Biswanath Rath, J. dismissed an arbitration appeal filed under Section 37(1) of the Arbitration and Conciliation Act, 1996. The

Case Briefs High Courts

Bom HC | Arbitrator to strictly follow the contractual terms while determining rights and liabilities of parties, any deviation not permissible

Bombay High Court: S.C. Gupte, J. while setting aside an arbitral award for patent illegality, observed that “any forum, which adjudicates upon the rights

Case Briefs High Courts

Rajasthan HC | Arbitrator rendered unable to perform his functions effectively due to charge of excessive fee

Rajasthan High Court: A Bench of Arun Bhansali, J. terminated the mandate of an arbitrator by stating that if an arbitrator creates

Case Briefs High Courts

Court has minimal scope of interference under Section 34 of A&C Act where tribunal’s award based on findings of fact

Delhi High Court: A Division Bench comprising of A.K. Chawla and S. Ravindra Bhat, JJ. ruled that Single Judge of the High Court

Case Briefs High Courts

Arbitrator’s finding not completely immune from judicial scrutiny; arbitration award set aside

Jharkhand High Court: An arbitration appeal was filed before a Single Judge Bench comprising of Shree Chandrashekhar, J., under Section 37(1)(b) of

Case Briefs High Courts

Disputes arising out of an agreement containing arbitration clause, must be settled through arbitration

Karnataka High Court: A Single judge bench comprising of Dinesh Maheshwari, J. while hearing a petition praying for the appointment of an

Case Briefs High Courts

Arbitrator is not under an obligation to frame issues before adjudication; may do so for the sake of crystallizing the dispute

Jammu & Kashmir High Court: A Division Bench comprising of Sindhu Sharma, Dhiraj Singh Thakur, JJ., allowed an LPA filed against the

Case Briefs High Courts

Claimant not to suffer for non-appearance of respondent; arbitrator’s award dismissing FCI’s claim set aside for “cryptic-reasoning”: Delhi HC

Delhi High Court: A Single Judge Bench comprising of Pratibha M. Singh, J., allowed a petition filed by the Food Corporation of

Case Briefs Supreme Court

Order 27 Rule 5 CPC mandates the Court to ensure disputes concerning public undertakings are resolved amicably; Arbitrator appointed therefor: SC

Supreme Court: A Bench comprising of A.M. Sapre and S. Abdul Nazeer, JJ. disposed of an appeal filed against the judgment of

Case Briefs High Courts

Arbitrator appointed in light of undisputed Arbitration Agreement between the parties

Calcutta High Court: A Single Judge Bench comprising of Ashis Kumar Chakraborty. J. decided an arbitration petition, wherein the arbitrator was appointed

Case Briefs High Courts

Appointment of Superintending Engineer as an arbitrator untenable in light of Section 12(5) of Arbitration and Conciliation Act

Himachal Pradesh High Court: A petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 was allowed by a Single

Case Briefs High Courts

Grounds not urged in an appeal against arbitral award may not be raised in second appeal

Delhi High Court: A Division Bench comprising of G.S Sistani and V Kameswar Rao, JJ., dismissed an appeal under Section 37 of