What is the scope of power of the Arbitrator to award pre-reference and pendente lite interest ?
Arbitration & Conciliation Act,1996; Section 31– The power of the Arbitrator to award pre-reference and pendente lite interest is not restricted when the agreement is silent on whether interest can be awarded or does not contain a specific term that prohibits the same. While pendente lite interest is a matter of procedural law, prereference interest is governed by substantive law. Therefore, the grant of pre-reference interest cannot be sourced solely in Section 31(7)(a) (which is a procedural law), but must be based on an agreement between the parties (express or implied), statutory provision (such as Section 3 of the Interest Act, 1978), or proof of mercantile usage. (Para 9) –PAM Developments Private Limited vs State Of West Bengal 2024 INSC 628
When can Appellate Court exercise the power of remand under Section 37 of Arbitration Act?
Arbitration and Conciliation Act, 1996; Section 37- The Appellate Court can exercise the power of remand only when exceptional circumstances make an order of remand unavoidable. There may be exceptional cases where remand in an appeal under Section 37 of the Arbitration Act may be warranted. Some of the exceptional cases can be stated by way of illustration: a. Summary disposal of a petition under Section 34 of the Arbitration Act is made without consideration of merits; b. Without service of notice to the respondent in a petition under Section 34, interference is made with the award; and c. Decision in proceedings under Section 34 is rendered when one or more contesting parties are dead, and their legal representatives have not been brought on record. (Para 18) –Bombay Slum Redevelopment Corporation Private Limited vs Samir Narain Bhojwani 2024 INSC 478
Is the period of 30 days mentioned in the proviso that follows subsection (3) of Section 34 the “prescribed period” for the purposes of making the application for setting aside the arbitral award?
Arbitration and Conciliation Act, 1996; Section 34– The period of 30 days mentioned in the proviso that follows subsection (3) of Section 34 of the 1996 Act is not the “period of limitation” and, therefore, not the “prescribed period” for the purposes of making the application for setting aside the arbitral award. (Para 9-10) State of West Bengal vs Rajpath Contractors and Engineers Ltd 2024 INSC 477