Arbitration
Rajasthan High Court Declares GAFTA London Award Enforceable As Decree; Reiterates Narrow Scope Of “Public Policy” U/S 48 Arbitration Act
The Rajasthan High Court dismissed objections against the enforcement of a foreign award raised by Raj Grow Impex LLP stating that the scope of interference is extremely narrow at the enforcement stage and that an award holder having won before both the tribunal and appellate tribunals should not be left to feel that he has won the battle but lost the war. Justice Anoop Kumar Dhand...
Court May Direct Deposit Of 100% Of Awarded Amount Before Granting Stay U/S 36(3) Arbitration Act: Orissa High Court
The Orissa High Court held that directing a 100% deposit of the awarded amount as a pre-condition for granting stay under section 36(3) of the Arbitration and Conciliation Act, 1996 (Act) is legally valid and consistent with the settled jurisprudence of the Supreme Court. Dr. Justice Sanjeeb K. Panigrahi held that “where the arbitral award is in the nature of a money decree,...
Limitation Commences When Award Is Received By Authority Competent To Decide On Challenging It U/S 34 A&C Act: Manipur High Court
The Manipur High Court held that in abitration cases, in case of government entities, the limitation period commences from the date when the award is received by the person who is competent to take decision on whether to challenge the award under section 34 of the Arbitration and Conciliation Act, 1996 (Act) and not merely when the award is emailed or received by the counsel. A bench...
Filing Certified Copy Of Arbitration Agreement Not Mandatory When Undisputed Agreement Is Already On Record: Gujarat High Court
The Gujarat High Court held that an application under section 8 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) cannot be rejected merely on the ground that a certified copy of the agreement was not produced along with it when the same agreement containing the arbitration clause is already on the record and undisputed between the parties. Justice Maulik J. Shelat...
Courts Not Expressly Barred From Dismissing Petitions Under Arbitration Act For Non-Prosecution: Gujarat High Court
The Gujarat High Court held that negligence or inaction on the part of counsel cannot justify condonation of unexplained and long delay. The court further held that the court is not prohibited from dismissing the petitions under section 34 for non prosecution. Justice Maulik J. Shelat held that “there is no express bar under the Act, 1996 not to dismiss such applications...
Order Terminating Proceedings For Non-Payment Of Arbitral Fees Can Be Challenged U/S 14 A&C Act, Not Through Writ Petition: Bombay HC
The Bombay High Court held that when the arbitration proceedings are terminated under section 38(2) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) for non-payment of arbitral fees, the proper remedy is to file application under section 14 of the Arbitration Act and not a writ petition. Justice Manish Pitale held that “in situations where the arbitral proceedings...
Compensation U/S 3G National Highways Act Can Be Challenged Under Arbitration Act, Writ Petition Not Maintainable: Allahabad High Court
The Allahabad High Court has held that compensation awarded under Section 3G of the National Highways Act, 1956 can be challenged under the Arbitration and Conciliation Act, 1996 and writ petitions for the same will not be maintainable.A bench of Justice Mahesh Chandra Tripathi and Justice Anish Kumar Gupta held“Section 3G(6) of the Act, 1956 expressly provides that the provisions of...
When Two Or More Courts Have Jurisdiction, Parties' Choice Of Court Prevails Even If Cause Of Action Arises Elsewhere: Karnataka High Court
The Karnataka High Court held that when parties to a contract have agreed to exclusive jurisdiction of a particular court, suit instituted in other courts is not maintainable even if the cause of action has arisen in other jurisdiction. Setting aside the interim injunction granted by the commercial court at Bengaluru, the Division Bench comprising Chief Justice Vibhu Bakhru and...
Even Non-Signatory Family Members Are Bound By Consent Award Executed By Heads Of Family: Gujarat High Court
The Gujarat High Court held that once heads of two families amicably resolve disputes through composite family arrangement and a consent arbitral award, individual family members cannot later challenge the award even if they were non-signatories on grounds of non-receipt of a signed copy of the award or lack of individual consent. A bench comprising Chief Justice Sunita Agarwal...
Bombay High Court Directs WhiteHat Jr To Secure Rs 80.35 Lakh Arbitral Award In Favor Of Former Employee
The Bombay High Court has recently ordered WhiteHat Education Technology Pvt. Ltd. (popularly known as WhiteHat Jr), a subsidiary of embattled ed-tech Byju's, to secure an arbitration award of Rs 80.35 lakh in favour of its former employee, Prashant Singh.The award was granted in an employment dispute following Singh's sudden termination from the company. The Court also directed the...
Proceedings Can Be Terminated U/S 32(2)(C) Of A&C Act When Underlying Contract Is Unenforceable: Delhi High Court
The Delhi High Court upheld an arbitral award terminating proceedings under section 32(2)(c) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) on the ground that an agreement to sell (ATS) between the parties was unforceable for being unregistered and unstamped under Uttar Pradesh law. Justice Amit Bansal held that an agreement concerning transfer of sub-leasedhold rights...