Plea That Claimant’s Claim Cannot Stand In The Absence Of A Third Entity, Can Be Raised Before The Arbitral Tribunal: Delhi High Court

The Delhi High Court has ruled that the plea that the claimant’s claim cannot stand in the absence of a third entity in the arbitral proceedings, is an aspect touching upon the maintainability of the claim(s) sought to be raised before the Arbitral Tribunal. The court said that the said plea can be urged before a duly constituted Arbitration Tribunal and the same cannot preclude...

Arbitration Cases Monthly Round-Up: June 2023

High Courts Allahabad High Court: Facilitation Council Which Was The Conciliator Under MSMED Act, Can Arbitrate The Dispute; Bar Contained In S. 80 Of Arbitration Act Not Applicable: Allahabad High Court Case Title: Bata India Limited & Anr. vs U.P. State Micro and Small Enterprise Facilitation Council & Anr. The Allahabad High Court has ruled that the discretion given...

Arbitrator’s Name In “Hall Of Fame” On Website, Claims Denial Of Maximum Number Of INDRP Complaints, A Justifiable Apprehension To His Neutrality: Delhi High Court

The Delhi High Court has ruled that the inclusion of the arbitrator’s name in the “Hall of Fame” of a website created by him, based upon the fact that he had denied the maximum number of complaints under the “.IN Domain Name Dispute Resolution Policy” (INDRP), gives rise to a justifiable apprehension as to his neutrality. The court was dealing with a petition filed...

‘Works Contract’ Under Bhopal Municipal Corporation, Comes Under Madhya Pradesh Arbitration Tribunal . Court Cant Appoint An Arbitrator Under Section 11 Of A&C Act, 1996

The Madhya Pradesh High Court has ruled that the court cannot appoint an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) when an overriding remedy is available to the party under the Madhya Pradesh Madhyastam Adhikaran Adhiniyam, 1983.The bench of Justice Anand Pathak was dealing with an application filed under Section 11 of the A&C Act...

New Claim For Enhancement Of Compensation From NHAI Based On Subsequent Change Of Land Use ; Barred By Limitation : Madhya Pradesh High Court

The Madhya Pradesh High Court has held that the cause of action for referring the dispute to arbitrator under Section 3G(5) of the National Highways Act, 1956 arises on the date of the determination of the amount of compensation by the competent authority under Section 3G(1) of the Act. The bench of Justice Milind Ramesh Phadke held that though there is no period of limitation provided...

Court Cannot Appoint Arbitrator Under Section 11 Of The A&C Act When The Dispute Is Covered Under MSMED Act: Gujarat HC Reiterates

The High Court of Gujarat has reiterated that the petition under Section 11 of the A&C Act for the appointment of the arbitrator by the Court would not be maintainable if the dispute is covered under the MSMED Act, 2006 and the provisions of the act are invoked. The bench of Justice Biren Vaishnav followed a line of earlier precents wherein the High Court has held that the provisions of...

Interim Relief Under The A&C Act Obtained Without Disclosing Material Evidence, Calcutta High Court Imposes Cost Of Rs. 50 Thousand On Each Petitioner

The High Court of Calcutta has held that a party approaching the Court for relief must do so with clean hands and is under an obligation to disclose all material facts that have bearing on the adjudication of the issues in the case.The bench of Justice Shekhar B. Saraf held that the doors of justice would be closed for litigants approaching the court with a case built on falsehood,...

Arbitration Cases Weekly Round- Up: 26 June To 2 July 2023

Bombay High Court:Absence Of A Specific Clause Under GAFTA Arbitration Rules Doesn’t Bar Arbitrator From Deciding The Challenge Made To Its Jurisdiction: Bombay High CourtCase Title: Arbaza Alimentos Ltda vs MAC Impex and othersThe Bombay High Court has reiterated that a general reference to a standard form of contract would be enough for incorporation of an arbitration clause. The court...

2019 Amendment To Section 29A Of The Arbitration & Conciliation Act, 1996 Is Procedural In Nature; Applies To All Pending Arbitrations: Delhi High Court

The High Court of Delhi has held that 2019 Amendment to Section 29A of the A&C Act is procedural in nature and would apply to all arbitrations that were pending on the date of its coming into force. By way of the amendment, the time limit of 12 months for rendering an award was to be calculated from the date of the completion of proceedings and not from the date when the arbitrator...

Venue Would Be The ‘Seat’ Of Arbitration When There Is No Significant Contrary Indicia Present In The Agreement: Calcutta High Court

The High Court of Calcutta has held that venue would be the seat of arbitration when the agreement between the parties contains no significant contrary indicia.The bench of Justice Krishna Rao also held that merely because the arbitration agreement does not clearly provide for the law governing the arbitration, it would not make the agreement ambiguous, vague or uncertain so to allow refusal...

Absence Of A Specific Clause Under GAFTA Arbitration Rules Doesn’t Bar Arbitrator From Deciding The Challenge Made To Its Jurisdiction: Bombay High Court

The Bombay High Court has reiterated that a general reference to a standard form of contract would be enough for incorporation of an arbitration clause. The court was dealing with a petition seeking execution of a foreign arbitral award passed in the arbitral proceedings conducted under the ‘Grain and Feed Trade Association (GAFTA) Simple Disputes Arbitration Rules No.126.’The bench...

Examining The Ambiguities Surrounding Finality Of Interim Awards

On June 14, 2023, the Ministry of Law and Justice constituted an expert committee for evaluating the working of the Arbitration law in India, examine its strengths and weaknesses, and recommend the reforms in the Arbitration and Conciliation Act, 1996 (“the Act”). This has given us an opportunity to look into the loopholes of the Indian arbitral ecosystem and work upon them. One such controversial and unsettled issue is the issue relating to interim awards. An arbitral award as defined...