Arbitrator
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
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,
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,
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
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
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.
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
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