Arbitration and Conciliation Act

Delhi Metro Rail Corporation Ltd. vs Delhi Airport Metro Express Pvt. Ltd. 2024 INSC 292 – Curative Petition – Ss 34,37 Arbitration Act – Article 136 Constitution

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 …

Delhi Metro Rail Corporation Ltd. vs Delhi Airport Metro Express Pvt. Ltd. 2024 INSC 292 – Curative Petition – Ss 34,37 Arbitration Act – Article 136 Constitution Read More »

Avitel Post Studioz Limited vs HSBC PI Holdings (Mauritius) Limited 2024 INSC 242 – Foreign Arbitration Award Enforcement – Challenge On Ground Of Bias

Arbitration and Conciliation Act,1996 ; Section 48(2)(b) – The most basic notions of morality and justice under the concept of ‘public policy’ would include bias. However, Courts must endeavor to adopt international best practices instead of domestic standards, while determining bias. It is only in exceptional circumstances that enforcement should be refused on the ground …

Avitel Post Studioz Limited vs HSBC PI Holdings (Mauritius) Limited 2024 INSC 242 – Foreign Arbitration Award Enforcement – Challenge On Ground Of Bias Read More »

NBCC (India) Limited vs Zillion Infraprojects Pvt. Ltd. 2024 INSC 218 – Arbitration Agreement

Arbitration And Conciliation Act, 1996; Section 7 –A reference to the document in the contract should be such that shows the intention to incorporate the arbitration clause contained in the document into the contract – It provides for a conscious acceptance of the arbitration clause from another document, by the parties, as a part of …

NBCC (India) Limited vs Zillion Infraprojects Pvt. Ltd. 2024 INSC 218 – Arbitration Agreement Read More »

Arif Azim Co. Ltd. APTECH Ltd 2024 INSC 155 :: [2024] 3 S.C.R. 73 – S 11(6) Arbitration Act – Appointment Of Arbitrator – Limitation

Arbitration and Conciliation Act, 1996; Section 11(6) – Limitation Act, 1963 – Whether the Limitation Act, 1963 is applicable to an application for appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996? there is no doubt as to the applicability of the Limitation Act, 1963 to arbitration proceedings in general and …

Arif Azim Co. Ltd. APTECH Ltd 2024 INSC 155 :: [2024] 3 S.C.R. 73 – S 11(6) Arbitration Act – Appointment Of Arbitrator – Limitation Read More »

Arbitral Award Can Be Set Aside; But Can It Be Modified?

Can a court modify an Arbitration Award invoking its powers under Section 34 or 37 of the Arbitration and Concilitation Act? Last week, on 20 February 2024, a three judges bench comprising Justices Dipankar Datta, KV Viswanathan and Sandeep Mehta noted (in Gayatri Balasamy vs ISG Novasoft Technologies Limited) that this issue is of seminal …

Arbitral Award Can Be Set Aside; But Can It Be Modified? Read More »

Gayatri Balasamy vs ISG Novasoft Technologies Limited SLP(C) 15336 Of 2021 – S 34,37 Arbitration Act – Court’s Power To Modify Award

Arbitration and Conciliation Act, 1996; Sections 34,37 – Reference to Larger Bench: 1.Whether the powers of the Court under section 34 and 37 of the Arbitration and Conciliation Act, 1996, will include the power to modify an arbitral award? 2. If the power to modify the award is available, whether such power can be exercised …

Gayatri Balasamy vs ISG Novasoft Technologies Limited SLP(C) 15336 Of 2021 – S 34,37 Arbitration Act – Court’s Power To Modify Award Read More »

S V Samudram vs State of Karnataka 2024 INSC 17 :: [2024] 1 S.C.R. 281 – S 34 Arbitration Act

Arbitration and Conciliation Act, 1996 ; Section 34 – Any court under Section 34 would have no jurisdiction to modify the arbitral award – The court cannot correct errors of the arbitrators. It can only quash the award leaving the parties free to begin the arbitration again if it is desired- Referred to Larsen Air …

S V Samudram vs State of Karnataka 2024 INSC 17 :: [2024] 1 S.C.R. 281 – S 34 Arbitration Act Read More »

Ruled and Overruled By SC Constitution Bench In 2023: NN Global Judgment

Overruling of Constitution Bench judgments is not a strange thing. To give a popular example, the 13 Judges Bench in Kesavananda Bharati vs State of Kerala AIR 1973 SC 1461  had  overruled 11 Judges bench in I. C. Golaknath & Ors vs State Of Punjab 1967 SCR (2) 762. But it used to take at …

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Sushma Shivkumar Daga vs Madhurkumar Ramkrishnaji Bajaj 2023 INSC 1081 – Ss. 8,11,16 Arbitration Act

Arbitration and Conciliation Act, 1996; Section 8,11 – After the 2015 amendment, primarily the court only has to see whether a valid arbitration agreement exists. Additionally, the clear non-arbitrability of cases, such as where a party to the agreement is statutorily protected, such as a consumer “has also to be seen by the Court”- Short …

Sushma Shivkumar Daga vs Madhurkumar Ramkrishnaji Bajaj 2023 INSC 1081 – Ss. 8,11,16 Arbitration Act Read More »

Re: Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 | 2023 INSC 1066

Arbitration And Conciliation Act 1996 ; Section 8,11 – Indian Stamp Act, 1899; Section 35 – N N Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd. (2023) 7 SCC 1 Overruled -Agreements which are not stamped or are inadequately stamped are inadmissible in evidence under Section 35 of the Stamp Act. Such agreements are …

Re: Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 | 2023 INSC 1066 Read More »