Arbitration and Conciliation Act, 1996 -Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 – In this case, the award has been set aside only on the ground that the appellant ought to have invoked the provisions of the 1983 Act – Allowing appeal, SC observed: this is a fit case to exercise jurisdiction under Article 142 of …
Modern Builders vs State of Madhya Pradesh 2024 INSC 643 – Arbitration Read More »
Arbitration & Conciliation Act,1996; Section 31– The wording of Section 31(7)(a) marks a departure from Arbitration Act, 1940 in two ways: first, it does not make an explicit distinction between pre-reference and pendente lite interest as both of them are provided for under this subsection; second, it sanctifies party autonomy and restricts the power to …
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 …
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)
Arbitration and Conciliation Act, 1996- What is the correct and appropriate date to determine the foreign exchange rate for converting the award amount expressed in foreign currency to Indian rupees? foreign arbitral award is enforceable when the objections against it are finally decided- The relevant date for determining the conversion rate of foreign award expressed …
Arbitration and Conciliation Act, 1996; Section 11 – The initiation of arbitration and criminal proceedings under Section 138 of the Negotiable Instruments Act 1881 are separate and independent proceedings that arise from two separate causes of action. Therefore, the institution of the proceedings under Section 138 does not imply a ‘continuing cause of action’ for …
Elfit Arabia vs Concept Hotel BARONS Limited 2024 INSC 536 – S 11 Arbitration Act Read More »
Arbitration and Conciliation Act, 1996; Section 11(6)- Scope and standard of judicial scrutiny that an application under Section 11(6) of the Act, 1996 can be subjected to when a plea of “accord and satisfaction” is taken by the defendant-The scope of enquiry at the stage of appointment of arbitrator is limited to the scrutiny of …
Arbitration and Conciliation Act, 1996; Section 32-The power to terminate proceedings under Section 32(2)(c) of the Arbitration Act can be exercised only if, for some reason, the continuation of proceedings has become unnecessary or impossible. Unless the Arbitral Tribunal records its satisfaction based on the material on record that proceedings have become unnecessary or impossible, …
Arbitration And Conciliation Act, 1996; Section 34,37 –The jurisdiction of the Court under Section 34 is relatively narrow and the jurisdiction of the Appellate Court under Section 37 of the Arbitration Act is all the more circumscribed – Referred to UHL Power Company Ltd. v. State of Himachal Pradesh (2022) 4 SCC 116- As far …
Curative Petition – Curative Jurisdiction may be invoked if there is a miscarriage of justice- Jurisdiction of this Court, while deciding a curative petition, extends to cases where the Court acts beyond its jurisdiction, resulting in a grave miscarriage of justice. (Para 35) – the exercise of the curative jurisdiction of this Court should not …