Arbitration
Parties Can Deviate From Terms Of Jurisdiction Under The Arbitration Clause Only Once: Madras High Court
The Madras High Court has ruled that the parties have got the liberty to deviate from the terms with respect to the jurisdiction, as contained in the Arbitration Clause; however, the number of such deviations is limited to only one. The Single Bench of Justice R.N. Manjula held that waiver of the jurisdiction clause contained in the arbitration agreement can be presumed from the...
Interlocutory Order Passed By The Arbitrator, Rejecting Application For Amendment Of Claims; Not Challengeable Under Article 227: Delhi High Court
The Delhi High Court has reiterated that all interlocutory orders passed by the Arbitral Tribunal are not amenable to challenge under Articles 226 and 227 of the Constitution of India. The Single Bench of Justice C. Hari Shankar held that there is no statutory or other legal bar under the Arbitration and Conciliation Act, 1996 (A&C Act), including under the proviso to Section 34...
Writ Maintainable Against An Award Passed By Statutory Arbitrator Violating The Principles Of Natural Justice: Calcutta High Court
The Calcutta High Court has held that an award passed by the statutory arbitrator under the National Highways Act, 1956 where neither the notice of arbitration was served nor the copy of the award was given to the appellants is violative of principles of natural justice. The Bench of Justices Arijit Banerjee and Kausik Chanda held the availability of an alternative efficacious...
Arbitration Cases Weekly Round-Up: 4 September To 10 September, 2022
Supreme Court: Arbitration Clause Has To Be Given Effect Even If It Does Not Expressly State That Decision Of Arbitrator Is Final & Binding On Parties: Supreme Court Case Title: Babanrao Rajaram Pund versus Samarth Builders & Developers Citation: 2022 LiveLaw (SC) 747 The Supreme Court observed that an arbitration clause has to be given effect even if it...
Court Can't Appoint Arbitrator Where Parties Fail To Raise Dispute In Time Or Avoid In-House Dispute Resolution Mechanism: Chhattisgarh HC
The Chhattisgarh High Court recently, while dealing with a matter pertaining an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, held that court can't entertain application for appointment of arbitrator where parties fail to raise dispute in time or avoid in-house dispute resolution mechanism.The observation was made by Justice Arup Kumar Goswami:"A perusal of...
Presence Of An Arbitration Clause Does Not Always Oust Court's Jurisdiction Under Article 226: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that writs under Article 226 are maintainable for asserting contractual rights against the State or its instrumentalities and the presence of Arbitration clause does not oust the jurisdiction under Article 226 in all cases though it still needs to be decided from case to case as to whether recourse to a public law remedy can...
Arbitration Clause Has To Be Given Effect Even If It Does Not Expressly State That Decision Of Arbitrator Is Final & Binding On Parties: Supreme Court
The Supreme Court observed that an arbitration clause has to be given effect even if it does not expressly state that the decision of the arbitrator will be final and binding on the parties.The deficiency of words in agreement which otherwise fortifies the intention of the parties to arbitrate their disputes, cannot legitimise the annulment of arbitration clause, the...
Accepting Terms And Conditions on Website Containing Arbitration Agreement, Valid: Bombay High Court
The Bombay High Court has reiterated that reference of a dispute to arbitration can only be refused in cases of "serious allegations of fraud", which is made out when either of the tests propounded by the Apex Court in Avitel Post Studioz Limited & Ors. versus HSBC PI Holdings (Mauritius) Limited (2020), are satisfied.The Single Bench of Justice G.S. Kulkarni ruled that a...
Non-Payment/Insufficiency Of Stamp Duty Cannot Render The Arbitration Agreement Invalid: Delhi High Court
The High Court of Delhi has held that non-payment or insufficiency of stamp duty on the underlying agreement cannot render the arbitration clause invalid. The Bench of Justice Anup Jairam Bhambhani relied on the judgments of the Supreme Court in N.N. Global Mercantile Private Limited vs. Indo Unique Flame Limited[1] and Intercontinental Hotels Group (India) Pvt. Ltd. and Another...
Existence Of Arbitration Agreement Can Be Presumed If No Denial Is Made In The Reply: Karnataka High Court
The Karnataka High Court has held that the words "statements of claim and defence" under Section 7(4)(c) of the A&C Act are to be given wider interpretation and reply to a notice of arbitration falls within the section. The bench of Justice S.R. Krishna Kumar held in terms of Section 7(4)(c) an arbitration agreement is said to exist if the petitioner has asserted its existence in...
Commercial Court Cannot Be Regarded As A "Person Or Institution" Under Section 11(6) Of The A&C Act: Bombay High Court
The Bombay High Court has ruled that the jurisdiction and power of the High Court in relation to the appointment of an arbitral tribunal under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act), has not been divested by the Commercial Courts Act, 2015. The Court added that the term "all applications or appeals arising out of such arbitration", as provided under...
Arbitration Cases Weekly Round-Up: 28 August To 3 September, 2022
Bombay High Court: Notice Under Section 21 Of A&C Act Issued; Court Not Barred From Exercising Jurisdiction Under Section 9: Bombay High Court Case Title: Relcon Infroprojects Ltd. & Anr. versus Ridhi Sidhi Sadan, Unit of Shree Ridhi Co.op. Housing Society Ltd. & Ors The Bombay High Court has ruled that merely because a notice under Section 21 of the...