award set aside Archives

Parties Agree to Start Again: Manipur HC Sets Aside Arbitral Award by Consent, Appoints Former Chief Justice as New Arbitrator for Thoubal Project Dispute

The Manipur High Court disposed of an arbitration petition concerning the Thoubal Multipurpose Project Agreement by recording the parties’ consent to set aside an arbitral award and recommence arbitration. The Court appointed Justice D. Krishnakumar as the new sole arbitrator, directed de novo proceedings from the stage of framing issues using existing pleadings.

Case Briefs High Courts

‘Arbitral awards by lay arbitrators tested for substantial correctness, but natural justice remains non-negotiable’; Madras HC sets aside award passed by family elders

The Court was dealing with a case where the arbitrators forming part of the Arbitral Tribunal are not only lay persons, but are also, the family elders, who consented to resolve the dispute between two brothers considering the overall interest of the family and its business.

Case Briefs High Courts

Delhi High Court sets aside arbitral award due to violation of S. 12(5) Arbitration Act

“It is well settled principle that unilateral appointment of Arbitrator is not permissible under the law”