Arbitration and Conciliation Act,1996; Section 31- The statutory scheme relating to grant of interest provided in Section 31(7) creates a distinction between interest payable before and after the award. So far as the interest before the passing of the award is concerned, it is regulated by Section 31(7)(a) of the Act which provides that the …
Arbitration and Conciliation Act,1996; Section 34,37 –The scope of the intervention of the court in arbitral matters is virtually prohibited, if not absolutely barred and that the interference is confined only to the extent envisaged under Section 34 of the Act. The appellate power of Section 37 of the Act is limited within the domain …
Arbitration and Conciliation Act,1996; Section 2,7,11– The definition of “parties” under Section 2(1)(h) read with Section 7 includes both the signatory as well as non-signatory parties. Persons or entities who have not formally signed the arbitration agreement or the underlying contract containing the arbitration agreement may also intend to be bound by the terms of …
Ajay Madhusudan Patel vs Jyotrindra S Patel 2024 INSC 710 – Arbitration – Non-Signatory Read More »
Arbitration and Conciliation Act,1996; Section 34– While exercising power under Section 34 of the 1996 Act the Court does not sit in appeal over the arbitral award. Interference with an arbitral award is only on limited grounds as set out in Section 34 of the 1996 Act. A possible view by the arbitrator on facts …
Arbitration and Conciliation Act,1996; Section 29A – An application for extension of the time period for passing an arbitral award under Section 29A(4) read with Section 29A(5) is maintainable even after the expiry of the twelve-month or the extended six-month period, as the case may be.- The court while adjudicating such extension applications will be …
Arbitration & Conciliation Act, 1996; Section 11(6) – At the referral stage, the referral court should leave it for the Arbitral Tribunal to decide whether the non-signatory is bound by the arbitration agreement- Referred to Cox and Kings Ltd. v. SAP India Pvt. Ltd. 2023 INSC 1051 – [In this case, SC held: In view …
Cox & Kings Ltd. v. SAP India Pvt. Ltd. 2024 INSC 670 – Non -Signatory – Arbtiration Read More »
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)