Arbitration
Court Exercising Powers Under Section 34 Of The A&C Act Cannot Allow Claims Rejected By The Arbitral Tribunal: Delhi High Court
The Delhi High Court has held that the Court exercising powers under Section 34 of the A&C Act cannot allow claims which were disallowed/rejected by the arbitral tribunal. The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna held that Section 34 of the A&C Act does not permit the Court to rewrite an arbitral award and the Court can either set aside or upheld...
Arbitration Weekly Round-Up: 30th October to 5th November
International Judgments Hong Kong Court Refuses To Enforce A Mainland Arbitration Award For Failure Of Arbitrator To Meaningfully Engage With Arbitral Proceedings Case Title: SONG LIHUA v. LEE CHEE HON, CONSTRUCTION AND ARBITRATION PROCEEDINGS NO. 111 OF 2022 Citation: [2023] HKCFI 2540 The Hong Kong Court of First Instance has refused enforcement of a Mainland (China) award...
Section 29A Permits The Court To Extend The Mandate Of The Arbitral Tribunal Even When The Application Is Made After The Expiry Of Time Limit Provided Therein: Delhi High Court
The Delhi High Court has held that the Court exercising powers under Section 29A of the A&C Act is empowered to extend the mandate of the arbitrator even in cases where the application seeking extension of time is not made within the time limit fixed for the making of the award. The bench of Justice Sachin Datta held that the purport of Section 29A of the A&C Act is clearly not...
No ‘Contra-Indicia’ To Un-Seat Venue: Calcutta High Court Reiterates The Law On Seat & Venue In Arbitral Proceedings.
The Calcutta High Court has held that the venue for arbitration, as decided by the parties under their contractual agreement would automatically be the seat for arbitration, in the absence of any ‘contra-indicia.’In rejecting jurisdictional objections on its competence to entertain an application under Section 34 of the Arbitration & Conciliation Act, 1996 (“A & C Act”)...
Delhi High Court Grants Relief To “34 Chowringhee Lane” Acquirer, Sets Aside Fetters Put By Arbitrator On Opening Of Franchisees
Justice Sachin Datta of the Delhi High Court recently granted relief to “34 Chowringhee Lane” acquirer-HDA Flavours Pvt. Ltd., ruling that the Arbitrator, while dealing with a Section 17 application, should not have interdicted it from creating new franchisees.“A blanket embargo on the appellant from creating any new franchisee or entering into such business agreements as may be...
Once The Licence Is Revoked, Any Use Of The Trademark By Ex-Licensee Would Amount To Infringement: Delhi High Court
The Delhi High Court has held that once the licence is revoked by the licensor, any use of the mark by the ex-licensee would amount to an infringement of the trademark and would deceive the public, inasmuch as the public would be led to believe that the ex-licensee is still connected with the licensor. The bench of Justice Sachin Datta held that an ex-licensee cannot be allowed to use...
Court Can Grant Mandatory Injunction At Interim Stage Under Section 9 Of The A&C Act When Builder Commits Multiple Breaches Eroding Housing Society’s Confidence In It: Bombay High Court
The High Court of Bombay has held that a Court exercising powers under Section 9 of the A&C Act can grant mandatory injunction at an interim stage when the builder is found to be in multiple breaches which results in the co-operative society losing its confidence in the builder. The bench of Justice Manish Pitale held that the relief of mandatory injunction at an interim stage is...
Court Exercising Powers Under Section 34 Of The A&C Act Cannot Modify An Arbitral Award: Delhi High Court Reiterates
The Delhi High Court has reiterated that the Court exercising powers under Section 34 of the A&C Act cannot modify an arbitral award. It held that the Court can either uphold the award or set aside any finding, however, the Court is powerless to modify the award by allowing a relief that was disallowed by the arbitral tribunal. The bench of Justices Yashwant Varma and Dharmesh...
Denial Of Arbitration Clause In Reply To Arbitration Notice Can’t Disentitle A Party To Invoke Section 8 Of The A&C Act In A Suit : Delhi High Court
The Delhi High Court has held that Section 8 of the A&C Act is mandatory in nature meaning thereby that the Court is bound to refer the dispute to arbitration when there exists a valid arbitration agreement between the parties and the respondent makes an application for reference to arbitration before submitting its written statement before the Court. The bench of Justices...
Court Can Examine If Arbitration Clause Is Arbitrary & Violates Article 14 While Considering S.11(6) Application : Supreme Court
In a significant judgment, the Supreme Court held that a clause in an arbitration agreement which is not in consonance with the Constitution cannot be enforced. The Court further held that it can examine if the arbitration clauses are manifestly arbitrary and violative of Article 14 of the Constitution while considering an application for appointment of arbitrator.A bench comprising Chief...
Will The Mandate Of The Tribunal Terminate Under Section 29A Unless Extended During Its Subsistence? Supreme Court To Examine
The Supreme Court is set to examine an important issue related to the arbitration law that whether the mandate of the tribunal terminates upon the expiry of the time provided under Section 29A unless extended during its subsistence. The bench of Justices Sanjiv Khanna and S.V.N. Bhatti has issued notice in an SLP filed against the order of the Calcutta High Court wherein the High...
Arbitration Act | Scope Of Appeal U/S 37 Limited, Cannot Be Equated With Normal Appellate Jurisdiction: Delhi High Court
A Division Bench of the Delhi High Court comprising Justices Manmohan and Mini Pushkarna on Tuesday dismissed an appeal filed by DCM Ltd. u/s 37 of the A&C Act, refusing to re-examine evidence in view of the limited scope of the provision.The appeal by DCM Ltd. impugned a judgement by Single Bench of the court, whereby its challenge to an Arbitral Award u/s 34 A&C Act...