Arbitration
Issues Falling Within The Exclusive Jurisdiction Of Estate Officer Under The Public Premises Act, Are Non-Arbitrable: Delhi High Court
The Delhi High Court has ruled that the disputes relating to determination of a lease or the arrears of rent payable in respect of public premises, are questions statutorily mandated to be determined exclusively by the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (PP Act). Thus, the same are non-arbitrable. The bench of Justice...
Issue Of Full And Final Settlement Of Dispute Is A Question Of Fact Which Has To Be Decided By The Arbitrator: Delhi High Court
The Delhi High Court has held that an issue of full and final settlement of dispute between the parties will be a question of fact which has to be decided by the arbitrator. The bench of Justice Navin Chawla held that the Court while exercising powers under Section 11 of the A&C Act cannot determine a disputed question of fact as its jurisdiction is confined to a prima...
Arbitration Cases Weekly Round-Up: May 07 To May 13, 2023
Supreme Court: Award Can Be Said To Be Suffering From 'Patent Illegality' Only If It Is An Illegality Apparent On The Face Of It : Supreme Court Case Title: Reliance Infrastructure Ltd. vs State of Goa The Supreme Court has observed that an award could be said to be suffering from “patent illegality” only if it is an illegality apparent on the face of the award and the...
The Bias Of An Arbitrator: Is The Remedy Under Section 14 Foreclosed?
Independence and impartiality of the arbitrator are the most important requirement of arbitration proceedings.[1] Fairness in the adjudication and rule against bias form part of the basic notions of justice and morality. Natural justice demands the adjudication of a dispute in an impartial way and the same squarely applies to arbitration proceedings also. Therefore, the importance of an independent and impartial arbitral tribunal cannot be gainsaid. Section 12, 13 and 14 of the...
Uttarakhand High Court Directs Facilitation Council Under MSMED Act To Educate Its Officers About Arbitration Law, To Avoid Flagrant Violation Of Arbitration Act
The Uttarakhand High Court has directed the Micro, Small and Medium Enterprises Facilitation Council to organize workshops and seminars to educate its officers, who undertake arbitration proceedings, to equip themselves with the law of Arbitration. The court passed the said direction while hearing an appeal against the decision of the Commercial Court who had set aside the arbitral...
Award Can Be Said To Be Suffering From 'Patent Illegality' Only If It Is An Illegality Apparent On The Face Of It : Supreme Court
The Supreme Court observed that an award could be said to be suffering from “patent illegality” only if it is an illegality apparent on the face of the award and not to be searched out by way of re-appreciation of evidence.The narrow scope of “patent illegality” cannot be breached by mere use of different expressions which nevertheless refer only to “error” and not to...
2015 Arbitration Amendment Not Applicable Though S.11 Application Was Filed After It, If Arbitration Notice Was Issued Pre-Amendment : Supreme Court
The Supreme Court has ruled that where the notice invoking arbitration is issued prior to the coming into force of the Arbitration and Conciliation (Amendment) Act, 2015, i.e., prior to 23.10.2015, and the application under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act), seeking appointment of an arbitrator, is made post the enforcement of the Amendment Act, the...
Delhi High Court Upholds Arbitral Award In Favour Of Reliance; Dismisses GOI’s Challenge Alleging Fraud And ‘Unjust Enrichment’ In Relation To Gas Extraction
The Delhi High Court bench comprising Justice Anup Jairam Bhambhani has upheld the 2018 arbitral award passed in favour of Reliance Industries Limited (RIL) in an international commercial arbitration arising from a dispute between the conglomerate and the Ministry of Petroleum & Natural Gas, Government of India, under a ‘Production Sharing Contract’ (PSC) executed in 2000,...
Court Cannot, After Setting Aside Arbitration Award, Proceed To Grant Further Relief By Modifying Award : Supreme Court
The Supreme Court observed that, in arbitration cases, a Court cannot, after setting aside the award, proceed to grant further relief by modifying the award.Indian Oil Corporation terminated dealership of M/s Sathyanarayana Service Station. The latter initiated arbitration proceedings and it culminated in an award upholding this termination. The District Court dismissed the petition...
Arbitration Cases Weekly Round-Up: April 30 To May 06, 2023
Bombay High Court: Invalidity Of Board Resolution Is A Procedural And Curable Defect, Cannot Lead To Rejection Of Claims And Termination Of Arbitral Proceedings: Bombay High Court Case Title: Palmview Investments Overseas Limited vs Ravi Arya The High Court of Bombay has held that any defect in the board resolution authorizing a person to initiate arbitration is only a...
Illegality Of The Appointment Procedure Does Not Render The Entire Arbitration Agreement Invalid: Bombay High Court
The Bombay High Court has held that illegality of the appointment procedure does not render the entire arbitration agreement invalid. The bench of Justice Avinash G. Gharote held that merely because the procedure for the appointment of the arbitrator under the arbitration agreement is rendered invalid on account of the insertion of Section 12(5) and the Supreme Court judgment in...