Multiple Remand Orders U/S 37 A&C Act “Unworkable” Without Reversing Findings On Merits: Madras High Court

The Madras High Court held that multiple remand orders issued by courts under section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) without disturbing or reversing the findings on merits recorded by earlier Single Judges were incapable of implementation. The court found the situation unprecedented and unusual holding that the statutory scheme of the Civil Procedure...

Tariff During Registration Was To Remain Fixed For 25 Years; CSPDCL Waived Its Rights: Delhi High Court Allows IREDA's Appeal Over GBI Scheme

The Delhi High Court Bench of Chief Justice and Justice Tushar Rao Gedela has observed that under the Generation Based Incentive Scheme (GBI) Scheme, 2010 by Ministry of New and Renewable Energy, the tariff at the time of registration of project would remain constant for a period of 25 years and any upward revision of tariff by State Electricity Regulatory Commissions (“SERC”) from...

Suspension Of Proceedings By Arbitrator For Non-Payment Of Revised Fees Amounts To Effective Withdrawal From Office: Bombay High Court

The Bombay High Court held that an arbitrator who suspended the proceedings indefinitely on the ground of non-payment of revised fees and thereafter failed to conduct hearings must be deemed to have withdrawn from office under section 15 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). The court further held that the arbitrator's mandate had also expired by efflux of...

Award Holder Cannot Claim Compound Interest When Tribunal Grants Only Simple Interest In Arbitral Award: Meghalaya High Court

The Meghalaya High Court set aside an order of the Commercial Court, Shillong which had accepted the calculation of the award holder's method of calculating interest and directed Power Grid Corporation of India Ltd. (PGCIL) to pay the remaining amount under an arbitral award. The Court held that the Executing Court had effectively modified the award by permitting computation of...

Delhi High Court Revives Motorola's 17-Year-Old Dispute With MTNL Over Arbitral Award Amounting To $8,768,505

The Delhi High Court allowing a Section 37, Arbitration and Conciliation Act, 1996 (“ACA”) appeal filed by MTNL against an arbitral award passed in favour of Motorola amounting to ~USD 8,768,505 has revived a 17-year-old between the parties. The Bench of Justices Anil Kshetrapal and Harish Vaidyanathan Shankar set aside the judgment passed by a Single Judge of the Court in...

'Denial Of Relevant Information To Party By Arbitral Tribunal Amounts To Violation Of Due Process': Bombay High Court

The Bombay High Court has held that an arbitral award passed without granting access to relevant documents or materials to one of the parties amounts to a violation of the principles of natural justice and due process. The Court observed that the arbitral tribunal's refusal to supply such documents deprived the party of a fair opportunity to defend its case, thereby rendering the...

'Absence Of Arbitration Clause In Agreement Does Not Render Dispute Non-Arbitrable': Bombay High Court

The Bombay High Court has held that the absence of an independent arbitration clause in a supplemental agreement, when the principal agreement contains an arbitration clause, does not render the dispute non-arbitrable. The Court ruled that a supplemental agreement, merely ancillary to the principal agreement, which seeks to record that the consideration under the Development Agreement...

[LLP Act] Partners Bound To Refer Disputes To Arbitration Even Without Such Clause In Agreement Under Entry 14 Of First Schedule: Karnataka HC

The Karnataka High Court has said that Entry 14 of the First Schedule of the Limited Liability Partnership Act 2008 is in effect a statutory and compulsory arbitration, which is required to be adhered to by the partners in a limited liability partnership.For Context: Entry 14 of the First Schedule of LLP Act, 2008 reads thus: All disputes between the partners arising out of the limited...

CERC's Powers To Refer Disputes To Arbitration Extends To Even Those Cases Which Fall Outside Its Jurisdiction: Delhi High Court

In a noteworthy judgment for the renewable energy sector, the Delhi High Court has observed that the power of Central Electricity Commission (“CERC”) under Section 79(1)(f), Electricity Act to refer parties to arbitration is wider than its power to adjudicate. A bench of Justice Purushaindra Kumar Kaurav observed that CERC in exercise of its adjudicatory powers can...

Madras High Court Stays Release Of “Kumki 2” Movie Amidst Money Dispute

The Madras High Court has temporarily stayed the release of the Tamil movie “Kumki 2” amidst money disputes between a financier and the producers of the movie. Justice Anand Venkatesh passed the interim orders on a petition filed by S.Chandraprakash Jain under Section 9 of the Arbitration and Conciliation Act seeking an ad interim injunction restraining the distribution...

Arbitration Agreement Is Valid Even Without Signature If Parties Acted Upon It: Kerala High Court

The Kerala High Court held that written agreement need not to be signed by the parties if the consensus ad idem and intention to arbitrate is reflected from the conduct of the parties and documentary evidence. Justice S. Manu allowed the application seeking reference to arbitration holding that an arbitration agreement in writing may exist even without signatures provided there is a...

Typographical Error In Title Of Arbitral Award Can Be Corrected Beyond 30 Days If Caused By Tribunal's Mistake: Delhi High Court

The Delhi High Court held that a clerical or typographical error in the title of an arbitral award can be corrected even after 30 day limitation period provided under section 33 of the Arbitration Act if the mistake originated from the tribunal itself and not from the parties. The Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela...