Arbitration
Arbitration Cases Weekly Round-Up: 1 January to 7 January 2022
Bombay High Court: Dispute Between Service Providers Can’t Be Referred to Arbitration: Bombay High Court Case Title: World Phone Internet Services Pvt. Ltd. versus One OTT Intertainment Ltd. In Centre The Bombay High Court has ruled that the Telecom Regulatory Authority of India Act, 1997 (TRAI Act) is a self-contained Code, intended to deal with all disputes arising out of...
Participation In The Arbitration Proceedings Cannot Be Considered To Be A Waiver Of Section 12(5) Of The A&C Act: Delhi High Court
The High Court of Delhi has held that mere participation in the arbitration proceedings cannot be considered to be waiver of Section 12(5) that provides for ineligibility of arbitrator. The bench of Justices Vibhu Bakhru and Amit Mahajan held that applicability of Section 12(5) can only be waived off by an express agreement and not by the conduct of parties. The Court held that...
Non-Attestation Of Affidavit With Section 34 Application; A Procedural Irregularity; Application Valid: Delhi High Court
The Delhi High Court has ruled that non-attestation of the affidavit accompanying the application filed under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act) is a mere procedural irregularity. Thus, it cannot be treated as fatal to the institution of the suit, the bench of Justice Neena Bansal Krishna concluded. The Court held that the application cannot be...
Order Of Emergency Arbitrator In Foreign Seated Arbitration, Can Be Considered While Dealing With Section 9 Application: Calcutta High Court
The Calcutta High Court has allowed the application filed under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act), seeking interim measures granted by the Emergency Arbitrator under the ICC Arbitration Rules. The bench of Justice Ravi Krishan Kapur noted that the A&C Act does not provide for enforcement of orders passed by an Emergency Arbitrator in cases of...
Determination Of Debt/ Adjudication Of Liability, Under SARFAESI, No Need To Refer To Arbitration: Delhi High Court
The Delhi High Court has ruled that the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDB Act) or the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) do not lay down an omnibus bar to arbitration. In each case, the Court would have to consider the nature of the dispute and...
Decision On Date Of Reckoning Requires Investigation, Madras High Court Applies Nortel Principle, Appoints Retd Justice Chandru As Arbitrator
While disposing of a Section 11 application for the appointment of an arbitrator filed under the Arbitration and Conciliation Act, the Madras High Court followed the procedure adopted by the Supreme Court in Bharat SancharNigam Limited and another Vs. Nortel Networks India Private Limited. In the above case, the Supreme Court had held that when there is no vestige of doubt that the claim...
Specific Performance Of Agreement To Lease Can Be Sought Before Arbitrator; Bar Of Section 41 of PSCC Act Will Not Apply: Bombay High Court
The Bombay High Court has reiterated that dispute between parties arising under the Leave and License Agreement, emanating from a relationship of a licensor and licensee, cannot be referred to arbitration in view of the statutory bar contained in Section 41 of the Presidency Small Cause Courts Act, 1882 (PSCC Act), as per which the Small Causes Court alone would have the jurisdiction...
Clause Contained In The Tax Invoice Amounts To An Arbitration Clause: Bombay High Court
The Bombay High Court has held that the clause contained in the invoices, which clearly stipulates a reference to arbitration, deserves to be construed as an arbitration clause.The single bench of Justice Bharati Dangre has observed that any document in writing exchanged between the parties that provide a record of the agreement and in respect of which there is no denial by the other side...
PO, Though Not Having Arbitartion Clause, Intrinsically Linked To Main Agreement, Dispute Arbitrable: Delhi High Court
The Delhi High Court has ruled that the parties would be governed by the arbitration clause contained in the Contract, even though the arbitration clause is not specifically incorporated in the purchase orders. The bench of Justice Mini Pushkarna held that the purchase order was not independent of the Contract and that the parties clearly intended the Contract to be the main...
Dispute Regarding Non-Payment Of Dues Can’t Be Referred To Arbitration, If Liability Is Admitted: Punjab and Haryana High Court
The Punjab and Haryana High Court has ruled that where the liability to pay dues under a Contract is admitted by the parties, the dispute between them relating to non-payment cannot be said to be a dispute that ‘arose out of’ or ‘in connection with’ the Contract and thus, it cannot be referred to arbitration. While holding that it was a simple case of non- payment of the...
Arbitration Cases Monthly Round-Up: December 2022
High courts Allahabad High Court: Section 9 Application, Against Cashing Unconditional BG; Court To Consider Only Terms Of BG: Allahabad High CourtCase Title: U.P. Expressways Industrial Development Authority versus M/s. Sahakar Global Ltd.The Allahabad High Court has ruled that while dealing with an application under Section 9 of the Arbitration and Conciliation Act, 1996...
Institutional Arbitration – Breaking The Deadlock In Small-Value Lending Disputes
A commercial court in Delhi recently rejected an application to enforce an arbitral award due to unilateral appointment of the sole arbitrator in the dispute. For the uninitiated, arbitration is an out-of-court process where, after hearing the parties, the arbitrator renders the decision in the form of an arbitral award. Unilateral appointment is the appointment of an arbitrator by an interested party to the dispute. In its decision, the court considered various factors including the...