Supreme Court Annual Digest 2022- Arbitration [ With Parallel Citations]

Arbitration Act, 1940ArbitrationAct, 1940- The powers exercised by the court under the provisions of the 1940 Act arejudicial powers and that the power to make an award "Rule of Court" is not amechanical power. (Para 127 (ii), 113) Secretaryof Govt. of Kerala Irrigation Department v. James Varghese, 2022 LiveLaw (SC) 447 : (2022) 9 SCC 593Arbitration and Conciliation Act1996Arbitration and Conciliation Act, 1996 - Appeal against Bombay HC judgment which dismissed appeal against interimaward of the Arbitral tribunal holding that JDIL was not a party to thearbitration agreement and must be deleted from the array of parties - Allowed -The interim award of the Arbitral Tribunal stands vitiated because of: (i) Thefailure of the arbitral tribunal to decide upon the application for discoveryand inspection filed by ONGC; (ii) The failure of the arbitral tribunal todetermine the legal foundation for the application of the group of companiesdoctrine; and (iii) The decision of the arbitral tribunal that it would decideupon the applications filed by ONGC only after the plea of jurisdiction wasdisposed of. Oil and Natural Gas Corporation Ltd. v. Discovery Enterprises Pvt. Ltd;2022 LiveLaw (SC) 416 : AIR 2022 SC 2080 : (2022) 8 SCC 42Arbitrationand Conciliation Act 1996 - Can a person whois ineligible to be an arbitrator nominate another arbitrator? Supreme Courtrefers issue to larger bench. JSW SteelLimited v. South Western Railway, 2022LiveLaw (SC) 693Arbitrationand Conciliation Act 1996 - Relief reated to tax concessions are notarbitrable. Shree Enterprise Coal Sales Pvt. Ltd. v.Union of India, 2022 LiveLaw (SC) 774Arbitrator's feeArbitrationand Conciliation Act, 1996 - Arbitrator's feecap is Rs 30 lakhs, ceiling limit applicable to individual arbitrators, nottribunal as a whole. Oil andNatural Gas Corporation Ltd. v. Afcons Gunanusa JV, 2022LiveLaw (SC) 723 : AIR 2022 SC 4413Arbitrationand Conciliation Act, 1996 - Arbitratorscannot unilaterally fix their fee as it violates party autonomy. Oil and Natural Gas Corporation Ltd. v.Afcons Gunanusa JV, 2022LiveLaw (SC) 723 : AIR 2022 SC 4413Arbitrationand Conciliation Act, 1996 - Arbitratorsentitled to charge separate fee for claim & counter claim in arbitrationproceedings. Oil and Natural GasCorporation Ltd. v. Afcons Gunanusa JV, 2022LiveLaw (SC) 723 : AIR 2022 SC 4413Arbitrationand Conciliation Act, 1996 - 'Holdpreliminary hearings to fix arbitrator's fee': Supreme Court issues directivesto govern fees of arbitrators. Oil andNatural Gas Corporation Ltd. v. Afcons Gunanusa JV, 2022LiveLaw (SC) 723 : AIR 2022 SC 4413Execution of Arbitration awards against NHAIExecution ofArbitration awards against NHAI - If the High Courts convert itself to theExecuting Court and entertain the writ petitions under Article 226 of theConstitution of India to execute the award passed by the ArbitralTribunal/Court, the High Courts would be flooded with the writ petitions toexecute awards passed by the learned Arbitrator/Arbitral Tribunal/ArbitralCourt - We disapprove the entertaining of such writ petitions under Article 226of the Constitution of India to execute the award passed by the learnedArbitral Tribunal/Court, without relegating the judgment creditor in whosefavour the award is passed to file an execution proceeding before the competentExecuting Court. (Para 6-7)NationalHighways Authority of India v. Sheetal Jaidev Vade, 2022LiveLaw (SC) 705 : AIR 2022 SC 3980InterestArbitrationand Conciliation Act 1996 - Interest - Party notentitled to interest for the period during which the proceedings weredeliberately delayed-A party cannot be permitted to derive benefits from itsown lapses. [Para 12 to 14] ExecutiveEngineer (R and B) v. Gokul Chandra Kanungo, 2022LiveLaw (SC) 824 : AIR 2022 SC 4857JurisdictionArbitration and Conciliation Act, 1996 - Special leave petition against an order of the Calcutta High Court,allowing an Arbitration Petition under Section 11(6) of the Arbitration andConciliation Act, 1996 for appointment of an Arbitrator - Allowed - Calcutta HighCourt inherently lacks jurisdiction to entertain the application. RaviRanjan Developers Pvt. Ltd. v. Aditya Kumar Chatterjee, 2022 LiveLaw (SC) 329 : 2022 (5) SCALE 372Arbitration and Conciliation Act, 1996 - Jurisdiction - When two or more Courts have jurisdiction to adjudicate disputesarising out of an arbitration agreement, the parties might, by agreement,decide to refer all disputes to any one Court to the exclusion of all otherCourts, which might otherwise have had jurisdiction to decide the disputes. Theparties cannot, however, by consent, confer jurisdiction on a Court whichinherently lacked jurisdiction. (Para 47) Ravi Ranjan Developers Pvt. Ltd. v. AdityaKumar Chatterjee, 2022 LiveLaw (SC) 329 : 2022 (5) SCALE 372Revocation of Arbitration Clausesand Reopening of Awards Act, 1998 (Kerala)Arbitration - Revocation of Arbitration Clauses andReopening of Awards Act, 1998 (Kerala) - The Act isliable to be held unconstitutional on...

Supreme Court Annual Digest 2022- Arbitration [ With Parallel Citations]

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