Arbitration Proceedings Against IRCTC; Delhi High Court Rejects Unilateral Appointment Of Arbitrator

The High Court of Delhi has held that the designation of Zonal Offices as the 'venue' of arbitration would not make it the 'seat' of arbitration when the meaningful dealings related to the contract happened at the Headquarters of a party. The bench of Justice Mini Pushkarna held that venue would not become the seat when the tender documents, the process of award of tender, licence...

Once Registered As MSME, The Nature Of Activity Cannot Be A Bar To Any Relief Under The Act: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that once an enterprise is registered with the local MSME Council, it is entitled to all the benefits of the Act and the nature of activity between the parties cannot stand as a bar to any relief provided under the act. The bench of Justice R. Ragunandan Rao held that MSME Council cannot dismiss an application under Section 18 of the Act on...

Arbitration Cases Weekly Round-Up: 23 To 29 October, 2022

Bombay High Court: Execution Of Agreement, In Bid Document As Condition Precedent; Failure To Execute, Not A Concluded Contract: Bombay High Court Case Title: Kalpataru Limited versus Middle Class Friends Co-operative Housing Society Limited The Bombay High Court has ruled that where reference to a future contract is made in the tender documents and in the Letter of Intent...

The Court Can Conduct A Preliminary Inquiry Under Section 45 Of The A&C Act To Decide The Issue Of Non-Arbitrability: Delhi High Court

The High Court of Delhi has held that while exercising powers under Section 45 of the A&C Act, the Court can conduct a preliminary inquiry to decide whether the dispute in question is arbitrable or not and to decide whether it falls within the scope of the agreement. The bench of Justice Amit Bansal held that a dispute falling within the 'excepted matters' cannot be referred...

Weight Of Arbitration Award (Delivery) Cannot Be Just 55 Grams: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that an arbitration award would weight more than 55 grams and a consignment weighing 55 grams cannot be deemed to be a valid delivery of award. The bench of Justice R. Raghunandan Rao also held that an arbitral award passed in violation of Section 7 and 11 of the A&C Act would be a nullity. It held that in absence of an arbitration...

Arbitral Tribunal Can Award Interest On Security Deposit If The Clause Prohibiting Such Interest Was Not Specifically Pleaded: Madras High Court

The Madras High Court has held that the arbitral tribunal can award interest despite there being a contractual prohibition if no pleading as to the prohibition was made by the aggrieved party. The bench of Justice Senthilkumar Ramamoorthy held that a party cannot rely on a Clause under GCC for challenging the arbitral award for awarding interest contrary to the said clause if it had...

Arbitration Award - Jurisdiction To Allow Any Claim Can Be Challenged If Question Of Fact Is Not Involved: Delhi High Court

The Delhi High Court has ruled that a claimant cannot support his claims on grounds that were not urged before the arbitral tribunal. However, the Court has held that if a question with respect to the jurisdiction of an arbitral tribunal to award any claim is raised, which does not involve deciding any question of fact, the party challenging the arbitral award is not prohibited from...

All India Arbitration Cases Half Yearly Digest: January To June, 2022

Supreme Court: Arbitration Act - Dispose Sec 11(5) & 11(6) Applications Pending For Over 1 Year Within 6 Months : Supreme Court To High Courts Case Title: M/s Shree Vishnu Constructions versus The Engineer in Chief Military Engineering Service And Ors. Citation: 2022 LiveLaw (SC) 523 The Supreme Court of India has made strong observations emphasising the need for High...

Execution Of Agreement, In Bid Document As Condition Precedent; Failure To Execute, Not A Concluded Contract: Bombay High Court

The Bombay High Court has ruled that where reference to a future contract is made in the tender documents and in the Letter of Intent (LoI) issued to a successful bidder, in such terms which shows that the parties do not intend to be bound until the said contract is signed between them, there is no concluded contract between them which can be specifically enforced. The Court...

'Administrative Mechanism For Resolution Of Disputes' Is Not A Substitute For Arbitration: Delhi High Court

The Delhi High Court has ruled that the Administrative Mechanism for Resolution of Disputes (AMRD) is not a substitute for arbitration in cases where there is an arbitration agreement between the parties. The Single Bench of Justice Anup Jairam Bhambhani observed that the party invoking the arbitration clause fell within the scope and ambit of the AMRD, under the Office Memorandum...

Arbitration Cases Weekly Round-Up: 16 October To 22 October, 2022

Delhi High Court: Rewriting Commercial Contractual Terms Is Fatal To An Arbitral Award: Delhi High Court Case Title: Calcom Cement India Ltd. versus Binod Kumar Bawri & Ors. The Delhi High Court has ruled that where the parties agree to enter into a mutual consultation in the future, for making amendments to an original agreement, the same would only constitute an "agreement...

Rewriting Commercial Contractual Terms Is Fatal To An Arbitral Award: Delhi High Court

The Delhi High Court has ruled that where the parties agree to enter into a mutual consultation in the future, for making amendments to an original agreement, the same would only constitute an "agreement to agree", which is not enforceable in law. The Court held that the finding of the arbitral tribunal that though the amendment contemplated by the "Amendment to the Share...