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 …
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 …
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 …
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 …
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 »