Arbitration
Mere Use Of Word 'Arbitration' In Agreement Clause Heading Would Not Infer Existence Of Agreement Between Parties To Resolve Disputes Through Arbitration: Delhi HC
The Delhi High Court has observed that the mere use of word 'Arbitration' in the heading in the Clause of Agreement would not lead to the inference that there exists an agreement between such parties seeking resolution of disputes through arbitration.Justice Mukta Gupta referred to a 2014 decision of the Delhi High Court in Avant Garde Clean Room & Engg. Solutions Pvt. Ltd. v. Ind...
Can Arbitrators Fix Their Fee Without Parties' Consent? Is 4th Schedule The Standard Fee Scale? Supreme Court Considers
The Supreme Court on Thursday considered issues relating to the fixation of the arbitrators fees, especially in arbitrations involving Public Sector Undertakings.The bench of Justices DY Chandrachud, Sanjiv Khanna and Surya Kant was considering arbitration petition filed by the Oil and Natural Gas Corporation (ONGC) on the issue related to the mandatory nature of the 'model' fee scale...
Seeking Relief Under Article 226 In Contractual Matters Where There Is Existing Arbitration Clause Is Not An Appropriate Remedy: Supreme Court
The Supreme Court has observed that invoking Article 226 for seeking relief in a contractual matter where there is an existing arbitration clause is not an appropriate remedy and neither can the High Court examine the same.The bench of Justices SK Kaul and MM Sundresh observed the same while considering a civil appeal assailing Gujarat High Court's order dated September 30, 2021.In the...
Freedom Of Contract And Interest Barring Clauses: Does Section 31(7)(A) Of The Arbitration Act Need A New Approach?
The Hon'ble High Court at New Delhi recently in the case of Patel Engineering Limited vs. UOI & Ors. has issued a notice to the Union of India and NTPC limited in a plea challenging the constitutional validity of Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Act") and section 3(3)(a)(ii) of the Interest Act, 1978. It is because of the fact that most government or Public Sector Unit (PSU's) contracts are wedged with an 'interest barring'...
'Indian Courts Are Known For Their Pro-Arbitration Stance' : CJI NV Ramana At International Conference In Dubai
Speaking at the fourth edition of the International Conference on 'Arbitration in the Era of Globalisation' in Dubai, the Chief Justice of India, N.V. Ramana pointed out the importance of developing an acceptable and fair dispute mechanism system for the globalised world. Chief Justice Ramana briefly alluded to how countries have moved away from protectionism and towards liberalisation...
Arbitrator's Fees : Supreme Court To Hear Issues Relating To 4th Schedule Of Arbitration Act
The Supreme Court has decided to consider the legal questions pertaining to the fee scale for arbitrators under the Fourth Schedule of the Arbitration & Conciliation Act, 1996Different cases relating to the interpretation of the Fourth Schedule are pending before different Benches of the Supreme Court.Last week, while arguing an arbitration petition filed by Oil and Natural Gas...
Once Parties Acknowledge Existence Of Arbitration Clause, Court Can Appoint Arbitrator Even If Stamp Duty Is Insufficiently Paid: Bombay High Court
The Bombay High Court has recently observed that once the parties have acknowledged that an arbitration clause was embodied in the substantive contract, insufficiency of stamps cannot prevent the court from disposing an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrators. Single Judge AK Menon said,"Arbitration is seen as a...
Courts Need Not Hold Up Arbitration At Pre-Appointment Stage Over Insufficiency Of Stamp Duty: Bombay High Court
Bombay High court on Monday, through single judge A. K. Menon, considered whether the arbitration should be held up at the pre-appointment stage and pre-reference stage or whether party should be left to follow the procedures post reference and be left to agitate their respective challenges. Applicant, Vivek Mehta & Anr., had filed an application under Section 11 of the...