Arbitration
Court Exercising Powers Under Section 9 Of The A&C Act For Securing Amount In Dispute Draws Sustenance Broadly From The Principles Of Order XXXVIII Rule 5 Of CPC: Delhi High Court
The Delhi High Court has held that a Court exercising powers under Section 9 of the A&C Act to secure the amount in dispute or for ordering attachment before award draws sustenance broadly from the principles of Order XXXVIII Rule 5 of CPC. The bench of Justice Yashvant Varma has held that the under Section 9 of the A&C Act, the Court would not order securing the sum in dispute...
Justice U.U. Lalit Joins Singapore International Arbitration Centre Panel Of Arbitrators
Former Chief Justice of India, Justice U.U. Lalit has joined the Singapore International Arbitration Centre (SIAC). He has been appointed as a member of the SIAC Panel of Arbitrators.Justice Lalit, a distinguished jurist and Professor of Law was the 49th Chief Justice of India. He served from 27 August 2022 to 8 November 2022. He was elevated to the Supreme Court in 2014, being directly...
An Award Which Blatantly Misapplies The Provisions Of The Contract Law Resulting In A Perverse Interpretation Of The Law, Is Liable To Be Set Aside: Delhi High Court
The High Court of Delhi has held that an award which blatantly misapplies the provisions of the Contract Law resulting in a perverse interpretation of the law, is liable to be set aside. The bench of Justice Neena Bansal Krishna set aside an arbitral award wherein the arbitrator has misconstrued the law of reciprocal promises and bailment under the Indian Contract Act. It held...
Arbitrator Failed To Consider Document Based On Procedural Defects, Delhi High Court Sets Aside Award
The High Court of Delhi has held that an arbitrator should not refuse to take on record any additional material evidence merely on the ground of certain procedural ground such as non-payment of costs by the party tendering such evidence. The bench of Justice Neena Bansal Krishna held that failure of the arbitrator to take on record important additional evidence merely on...
Provisions Of Uttar Pradesh Regulation Of Cold Storages Act, 1976 Do Not Exclude The Remedy Of Arbitration: Delhi High Court
The Delhi High Court has held that the provisions of Uttar Pradesh Regulation of Cold Storages Act, 1976 does not exclude the remedy of arbitration. The bench of Justice Neena Bansal Krishna held that the bar to arbitration or civil jurisdiction by necessary implication would apply only when the alternative remedy is a Complete Code in itself or provides a special statutory...
Final Purchase Order Not Issued, Still Contractor Entitled For Cost Of Preparatory Work Done : Delhi High Court
The Delhi High Court has held that A party is liable to be compensated for the costs of preparatory work carried out at the instance of the employer even when the final purchase order is not issued in its favour. The bench of Justice Sachin Datta upheld an arbitral award wherein the arbitral tribunal had awarded compensation to a party on the ground that it had carried out...
No Fresh Adjudication Can Take Place For Any Claim That Was Made Part Of Resolution Plan: Delhi HC
The Delhi High Court has held that once a resolution plan is approved by the CoC and the adjudicating authority, it results in the extinguishment of all the existing claims that any party may have against the corporate debtor and no fresh adjudication can take place for any claim that was made part of the resolution plan. The bench of Justice Yashwant Varma held that IBC does...
Absence Of A Contract Would Not Deprive The Party From A Reasonable Remuneration For The Work Performed: Delhi High Court
The Delhi High Court has held that absence of a contract would not deprive the contractor from a reasonable remuneration for the work performed. The bench of Justice Sachin Datta held that the principle of quantum meruit is enshrined under Section 70 of the Indian Contract Act which demands that a party which has done work and incurred expenses at the instance of another party must...
Claims Settled Under Resolution Plan Becomes Non-Arbitrable, Reference Of Those Claims Would Amount To Reopening Of The Resolution Plan: Delhi High Court
The Delhi High Court has held that any claim that has been settled under the resolution plan, even though at a nominal value of Rs. 1 only, would become non-arbitrable once the resolution plan is approved by CoC and affirmed by the adjudicating authority under the IBC. The bench of Justice Yashwant Varma held that the doctrine of clean slate demands that the successful...
Prolongation Compensation Can't Be Granted If The Contractor Didn't Reserve Claim For Compensation At The Time Of The EOT: Delhi High Court
The Delhi High Court has held that no compensation can be awarded for the prolongation of the contract if the contractor did not reserve its right to such compensation at the time of the seeking Extension of Time (EOT). Justice Manoj Kumar Ohri's bench upheld the Arbitral Tribunal's interpretation. They ruled that the Tribunal's decision, which denied the prolongation cost due to...
Arbitration Cases Weekly Round-Up: 2nd October To 8th October
High Courts: Calcutta High Court Party Eligible For Interim Protection U/S 9(1) Arbitration & Conciliation Act, Regressive To Relegate To CPC Procedure: Calcutta High Court Case: Prathyusha- AMR JV vs Orissa Steel Expressway Private Limited Citation: 2023 LiveLaw (Cal) 304 The Calcutta High Court has recently allowed applications for appointment of arbitrator u/s 11...
Whether Enforcement Of Foreign Arbitration Award Can Be Denied Due To Non-Stamping Of Arbitration Agreement? Delhi High Court To Examine
The Delhi High Court is set to examine whether the enforcement of a foreign arbitration award can be denied due to the non-stamping of the arbitration agreement. The bench of Justice Manoj Kumar Ohri has issued notice on a plea seeking to raise objection to the enforcement of the Singapore seated foreign arbitration award under Section 48 of the A&C Act. The award debtor...