Mandate Of The Arbitral Tribunal Can Only Be Extended By The High Court If The Tribunal Was Constituted Pursuant To Directions Under Section 11(6) Of The A&C Act: Meghalaya High Court

The Bench of Justice H.S. Thangkhiew of Meghalaya High Court has held that the mandate of the arbitral tribunal can only be extended by the High Court under Section 29A of the A&C Act if the tribunal was constituted pursuant to the directions issued by the Court under Section 11(6) of the Act.The Court held that though the Court may have directed the nominee arbitrators of the parties...

High Court U/S 11(6) Of A&C Act Can Direct 'Central Registrar' Of Co-Operative Societies To Appoint Arbitrator U/S 84 Multi State Cooperative Societies Act, 2002: Delhi High Court

The High Court of Delhi has held that a petition under Section 11(6) of the A&C Act can be entertained by the High Court to direct the 'Central Registrar' of Co-operative Societies to appoint an arbitrator under Section 84 of Multi State Cooperative Societies Act, 2002 after it fails to act on the request of the party.The Bench of Justice Prathiba M. Singh held that as per Section 84(4),...

Principal Civil Courts Can Extend Or Substitute Mandate Of Arbitrator If Not Originally Appointed By High Court Or Supreme Court: Meghalaya High Court

The Meghalaya High Court single judge bench of Justice H. S. Thangkhiew held that Principal Civil Courts of original jurisdiction have the jurisdiction to extend or substitute the mandate of arbitrators under Section 29A of the A&C Act, 1996, only when the arbitrator was not appointed by the High Court or the Supreme Court. Brief Facts:An Arbitral Tribunal was established on March 13,...

NHAI Arbitration| Landowner Can Seek Appointment Of An Expert Commissioner To Determine True Value Of Property: Kerala High Court

The High Court of Kerala has held that a landowner dissatisfied with property categorization by Competent Authority for Land Acquisition (CALA) can request an Expert Commissioner's appointment to ascertain the property's actual value.The bench of Justice Viju Abraham held that an arbitrator cannot dismiss a landowner's application under Section 26 for an expert commissioner's appointment...

Arbitration Clause In The Original Agreement Would Not Survive When The Agreement Is Superseded By A Settlement Agreement Without An Arbitration Clause: Delhi High Court

The High Court of Delhi has held that an arbitration clause contained in the original agreement would fall if the agreement is superseded by a settlement agreement without an arbitration clause.The bench of Justice Pratibha M. Singh held that if a mutual settlement supersedes the original contract, the original arbitration clause would not survive and if there is unilateral repudiation, then...

Arbitration Act Aims For Speedy Redressal, Delay In Filing Appeal Can Only Be Allowed If Party Makes Very Strong Case For Delay: Allahabad High Court

The Allahabad High Court single bench of Justice Shekhar B Saraf held that the Arbitration Act is a legislation for speedy redressal. Therefore, the delay in filing the appeal can only be allowed if the Appellant makes out a very strong case and explains the reasons for the delay. The High Court held that the Appellant didn't provide specific reasons for the delay or provide any document...

A Contractor Cannot Be Debarred Without Notice, Even If There Is A Provision For Deemed Debarment In The Contract Following Its Termination: Delhi High Court

The High Court of Delhi has held that a contract cannot be debarred or blacklisted without a prior notice or opportunity of hearing even in cases where there is a provision in the contract for deemed debarment in case of termination of the contract. The bench of Justice Prathiba M. Singh held that an order of debarment has a domino effect which of results in the civil death of an...

The Issue Of Limitation Is Also Part And Parcel Of The Arbitrable Point: Karnataka High Court

The bench of Justice C.M. Joshi of Karnataka High Court (Kalaburagi Bench) has held that the issue of limitation of claims is a part and parcel of the arbitrable point which can be decided by the arbitrator. The Court relied upon the judgment of the Apex Court in BSNL v. Nortel Neworks, LL 2021 SC 153 wherein the Apex Court held that issue of limitation is a mixed question of law and...

1100 Crore Arbitral Award? Delhi High Court Adjourns Enforcement Proceedings On Central Govt's Request Subject To Rs 50K Cost

The Delhi High Court on Tuesday imposed Rs. 50,000 cost on Central government for seeking repeated adjournments in a petition for enforcement of an arbitral award, allegedly having a monetary value of over Rs.1100 crores.The bench of Justice Prateek Jalan noted that the Union had sought another adjournment despite the objections of party seeking enforcement and the assurance given by the Union...

Arbitration Weekly Round-Up: 15th April to 21st April 2024

High Courts Bombay High Court Can A Section 29A Application Be Filed In The Commercial Court Or Only In The High Court? Single Bench Of Bombay High Court Refers The Issue To Larger Bench The High Court of Bombay (Goa Bench) has referred the issue of maintainability of a Section 29A application seeking extension of the arbitration before the Commercial Court to a larger bench...

Evidence Taken Behind The Back Of A Party After Completion Of Arguments, Madras High Court Sets Aside Arbitration Award

The High Court of Madras has held that an arbitration award based on an evidence taken on record after the completion of arguments and behind the back of a party would be liable to be set aside under Section 34 of the A&C Act. The bench of Justices R. Subramanian and R. Sakthivel held that when an evidence is taken behind the back of a party and after the completion of arguments,...

Reference Under NHAI Act Dismissed For Default, Party Should Challenge Award Under Section 34 , Not By Writ : Patna High Court

The Bench of Justice Rajiv Roy of Patna High Court has held that a writ petition is not maintainable to challenge an order of Arbitrator dismissing reference under NHAI Act for default. It held that the aggrieved party should challenge the award under Section 34 of the Act. Facts The respondent (NHAI) had acquired the land of the petitioner after classifying it as 'Developing...