Arbitration Weekly Round-up: 1st April to 7th April 2024

High Courts Allahabad High Court Allahabad High Court Directs Inquiry Against Officers Who Failed To File Arbitration Appeals Within Prescribed Limitation Case Title: Executive Engineer Drainage Division v. Ms Ayush Construction And Another [APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 DEFECTIVE No. - 89 of 2024] The Allahabad High Court has directed Principal Secretary/Additional Chief Secretary, Irrigation, Uttar Pradesh to conduct an inquiry against officers who were responsible for filing appeals under Section 37 of the Arbitration and Conciliation Act, 1996 which were filed after a delay of 513 days. While dismissing the appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996, the bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that “the proceedings have been conducted in reckless manner which is other than bona fide.” Bombay High Court No Requirement Of Fresh Section 21 Notice For Re-Commencing The Arbitration After The First Award Is Set Aside Under Section 34: Bombay High Court Case Title: Kirloskar Pneumatic Company v. Kataria Sales Corporation, Commercial Arbitration Petition, No. 16 of 2023 The High Court of Bombay has held that there is no requirement of Section 21 notice for re-commencing the arbitration after the first award is set aside under Section 34 of the A&C Act. The bench of Justice Bharati Dangre held that in such a situation there would be no requirement of a fresh invocation notice as the opposite party would already be aware of the existence of the dispute. Waiver Of Arbitrator's Ineligibility Must Be Made By Agreement In Writing, Section 12(5) Does Not Provide For Deemed Consent: Bombay High Court Case Title: Riak Insurance and Financial Services & Ors. vs HDFC Bank Limited Case Number: Arbitration Petition No. 30 of 2021 The Bombay High Court single bench of Justice RI Chagla held that the ineligibility of the arbitrator could only be waived if both parties agree by an express agreement in writing as per Section 12(5) of the Arbitration Act. Parties' consent cannot be implied otherwise. Group Of Companies | Absence Of Specific Prayer For Impleadment Of Non-Signatory Doesn't Preclude Arbitral Tribunal From Applying GOC: Bombay High Court Case Title: Cardinal Energy and Infra Structure Private Ltd. vs Subramanya Construction and Development Co. Ltd. Case Number: COMM ARBITRATION PETITION (L) NO.2603 OF 2024 The Bombay High Court single bench of Justice R I Chagla held that the arbitral tribunal has the power to decide whether the non-signatory is bound by the Arbitration Agreement and to implead the non-signatory. The Court held that the absence of a specific prayer for the impleadment of a non-signatory in a Section 11 Application does not preclude the application of the 'group of companies' doctrine by the arbitral tribunal. Calcutta High Court Cognizance Taken By Magistrate For Cheating And Forgery , Calcutta High Court Refuse To Refer Parties To Arbitration Case Title: United Machinery & Appliances v. Greaves Cotton Limited, CS. 2 of 2015 The High Court of Calcutta has dismissed an application filed under Section 8 of the A&C Act by observing that the allegations of fraud and forgery would be serious in nature when the cognizance of the same is take by the magistrate. The bench of Justice Krishna Rao relied on the judgment of the Supreme Court in A. Ayyasamy vs. A. Paramasiva, (2016) 10 SCC 386 and Rashid Raza vs. Sadaf Akhtar, (2019) 8 SCC 710 to hold that dispute would not be referred to arbitration when the allegations of fraud and forgery are serious in nature and goes to the existence of the agreement containing arbitration clause. Certified Copy Of Original Arbitration Agreement Attested By 'Notary Public' Is Sufficient Under S. 8(2) Of Arbitration Act: Calcutta High Court Case Title: M/s Fullerton India Credit Company Limited vs Ms Manju Khati The Calcutta High Court single bench of Justice Prasenjit Biswas held that a certified copy of the original agreement 'attested by a Notary Public' is sufficient to meet the requirement of Section 8(2) of the Arbitration Act. Once filed, the courts must refer the parties to arbitration. Section 8(2) of the Arbitration Act provides, “The application referred to in sub-section (1) shall not be entertained unless it is accompanied by the original arbitration agreement or a duly certified copy thereof.” Delhi High Court Mere Registration Of Criminal Case In Relation To An Agreement Would Not Make The Disputes Arising Out Of It Non-Arbitrable: Delhi High Court The Single Bench of Justice Dinesh Kumar Sharma of Delhi High Court has held that merely because a criminal case of forgery/fabrication has been registered in relation to an agreement, any civil/commercial dispute arising out of such...

Arbitration Weekly Round-up: 1st April to 7th April 2024

ausaf ayyub

Tags