Arbitration | View That Delay Beyond 120 Days For S.37 Appeals Can't Be Condoned May Require Reconsideration: Supreme Court

The Supreme Court has observed that the view expressed in an earlier judgment that delay beyond the period of 120 days in preferring an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 cannot be condoned may require reconsideration.The Court observed that in view of Section 43 of the Act, the above-said view might require reconsideration. As per Section 43, the...

Failure To Name Arbitrator In Legal Notice Does Not Invalidate Arbitration Invocation: Rajasthan High Court

The Rajasthan High Court bench comprising Dr. Justice Nupur Bhati has held that the invocation of an arbitration clause, which required the Applicant to name an Arbitrator, is valid under Section 11 of the Arbitration and Conciliation Act, 1996, even without naming an arbitrator in the legal notice, as long as the existence of an arbitration agreement is prima facie established....

Receipt Of Arbitral Award By Party A Sine Qua Non For Limitation U/S 34(3) To Begin, General Clauses Act Does Not Apply: Allahabad High Court

The Allahabad High Court has held that receipt of the award by the party is a sine qua non for limitation under Section 34(3) of the Arbitration and Conciliation Act, 1996 to begin and definition of “service by post” under Section 27 of the General Clauses does not apply.The Court observed that Section 27 of the General Clauses Act which defined service by post in a Central Legislation if...

Dispute Relating To Members And Management Of Public Trusts Not Arbitrable, Must File Suit U/S 92 CPC : Allahabad High Court

The Allahabad High Court has held that disputes relating to public trusts which are enlisted under Section 92 of the Civil Procedure Code are not arbitrable under the Arbitration and Conciliation Act, 1996.The bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar further held that Section 89 of CPC which provides for settlement of disputes outside Court does not...

Continuous Cooperation Between International And Domestic Arbitration Bodies Needed: Justice Surya Kant

Supreme Court judge Justice Kant on Sunday stressed the need for continued cooperation between international and domestic arbitration bodies in ensuring that arbitration remains a fair, cost-effective, and accessible mode of dispute resolution.Justice Kant was speaking at the valedictory function of the two-day Conference on International Arbitration and Rule of Law. It was organised on...

MSME Act Doesn't Bar Independent Arbitration Under Arbitration And Conciliation Act Based On Agreement Clause: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that Section 18 of the MSME Act does not create any substantive rights or liabilities but simply offers an alternative method for resolving disputes outside of court proceedings. The bench held that if a party involved in a dispute chooses to pursue arbitration independently under the Arbitration and...

Arbitrator Justified In Treating Loan Admission In Correspondence As Admitted Claim Under Order XII Rule 6 CPC: Delhi High Court

The Delhi High Court bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela has held that when a party makes a clear admission of owing a loan in its contemporaneous correspondence, the arbitrator is justified in treating it as an admitted claim under Order XII Rule 6 of the CPC. The bench noted that the purpose of this rule is to allow a party to secure a...

Composite Reference Can't Be Made Of Disparate Causes Of Action: Calcutta High Court

The Calcutta High Court bench comprising Justice Sabyasachi Bhattacharyya has held that composite reference to an Arbitral Tribunal cannot be made for disparate causes of action in different agreements with different parties as it contravenes the principles of privity, confidentiality, and party autonomy. Background: The Petitioner, the Secretary of Ganaudyog Bazar Unnayan...

Arbitration | Application To Extend Time To Pass Arbitral Award Maintainable Even After Expiry Of Period Under S.29A(4) : Supreme Court

In an important ruling concerning the Arbitration and Conciliation Act, the Supreme Court today held that an application for extending the time for passing of an arbitral award can be filed even after the expiry of the twelve-month or the extended six-month period.“we hold that an application for extension of the time period for passing an arbitral award under Section 29A (4) read with...

Disputes Exceeding Rent Control Act Threshold Are Arbitrable If Lease Agreement Includes Arbitration Clause: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that when the total monthly payable amount surpasses the threshold for invoking the provisions of the Rent Control Act, the dispute becomes subject to arbitration if the lease agreement contains an arbitration clause. Further, the bench held that in a petition filed under Section 11 of the...

Referral Court Under Section 11 Can't Decide The Arbitrability of Non-Notified Claim: Delhi High Court

The Delhi High Court bench of Justice C. Harishankar, while deciding a Section 11 application, has held that a referral court under Section 11 cannot examine the arbitrability of non-notified claims. After the SBI General Insurance Co Ltd v. Krish Spinning judgment, the arbitral tribunal will decide on the arbitrability of disputes. Facts: The appellant and respondent entered...

Tossing Award File From One Table To Other By State Not Enough To Condone Delay ; Himachal Pradesh High Court

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that the explanation for the delay in filing objections under Section 34(1) of the Arbitration and Conciliation Act, 1996 is insufficient to justify condoning the delay if it appears that the file was merely tossed from one table to the other by the State. Brief Facts: The objectors/applicants, State...