Interim orders cannot be granted in Arbitration proceedings where claim cannot be specifically enforced

May
11
2017


Bombay High Court in the matter of B E Billimoira and Company Vs Mahindra Bebanco Developers Limited; Commercial Arbitration Petition (Ldg) No.




Parties by an Agreement can confer jurisdiction upon a Court in Arbitration matters

May
2
2017


Supreme Court in the matter of Indus Mobile Vs. Datawind Innovations; Civil appeal no. 5370-5371/2017 in a landmark judgment has modified the understanding of law with regard to jurisdiction of Court. Age old law that parties cannot confer jurisdiction on a Court by an agreement between the parties is no longer applicable to arbitration proceedings.




Limitation Act applies to Arbitration and Conciliation Act 1996

Mar
17
2017


Delhi High Court in the matter of Jammu and Kashmir State Power Development Corporation Vs K J M C Global Market; FAO (OS) 263/2016 held It is now well settled that the provisions of the Limitation Act, 1963 apply to all proceedings under the Arbitration and Conciliation Act, 1996, including both in court and arbitration proceedings except to the extent expressly excluded by the provisions of the Arbitration Act, 1996. 




Mandate of arbitrator shall be terminated where parties agree to terminate proceedings

Feb
11
2017


Delhi High Court in a matter titled as Power Grid Corporation of India Ltd Vs. Deepak Cables (India) Limited; OMP (T)(COMM) 4/2017 decided on 25th January, 2017 held that under  14 (1)(b) of the Arbitration and Conciliation Act 1996  the mandate of an Arbitral Tribunal may be terminated where the parties so agree and the Arbitrator shall terminate arbitral proceedings by or pursuant to an agreement between the parties. The Tribunal is only required to enquire whether, there was an agreement between the parties.




Parties to an arbitration agreement are free to decide both procedural and substantive law #indianlaws

Jan
1
2017


Parties (to the contract) in the present case intended to provide for two opportunities at resolving their disputes or differences. First was a settlement by arbitration in India ('arbitration result') and second was by arbitration in London, with intention to treat the second one as an appeal against 'arbitration result' in India. The Apex Court had to decide whether this was permissible under the Arbitration & Conciliation Act




Application of Part I of the Arbitration Act, 1996 is excluded where seat of Arbitration is outside India #indianlaws

May
20
2016


Where the parties choose a juridical seat of Arbitration outside India and provide that the law which governs Arbitration will be a law other than Indian law, part I of the Act would not have any application and, therefore, the award debtor would not be entitled to challenge the award by raising objections under Section 34 before a Court in India. A Court in India could not have jurisdiction to entertain such objections under Section 34 in such a case.




Intent of Parties to Arbitration cannot be ignored relating to law governing Arbitration #indianlaws

Feb
10
2016


The Hon’ble Supreme Court has held that the parties are free to agree on application of three different laws governing their entire contract – (1) proper law of contract, (2) proper law of arbitration agreement and (3) proper law of the conduct of arbitration, which is popularly and in legal parlance known as curial law. The agreement, in the instant case  revealed that the intention of the parties was to apply English Law to the arbitration agreement also and not limit it to the conduct of the arbitration was fairly clear from the relevant article in the Agreement. Once it was found that the law governing the arbitration agreement was English Law, Part I of the Indian Arbitration Act stood impliedly excluded. 




Courts not to appoint a substitute arbitrator only in cases of clear prohibition in the Agreement #indianlaws

Oct
31
2015


Whenever parties agree for arbitration and even name a specific arbitrator with no specific provision for appointment of another arbitrator on the recusal/withdrawal of the said arbitrator, the said omission is made up by Section 15(2) of the Act and unless arbitration agreement between the parties provide a categorical prohibition or debarment in resolving a question or dispute or difference between the parties by a substitute arbitrator in case of death or the named arbitrator or non-availability of the said arbitrator, Courts have the power to appoint substitute arbitrator, as provided under Section 15(2) of the Arbitration Act




Court to act with caution and circumspection while deciding on plea of not invoking arbitration on the ground of contract being void or voidable

Jul
2
2015


Court ought to act with caution and circumspection whilst examining the plea that the main contract is void or voidable. The Court ought to decline reference to arbitration only where the Court can reach the conclusion that the contract is void on a meaningful reading of the contract document itself without the requirement of any further proof.




Law laid down as declaratory in nature, is to be reckoned as law always #indianlaws

Mar
18
2015


It would be open to the parties to exclude the application of the provision of Part I by express or implied agreement. Unless there is express or implied exclusion, the whole of Part I would apply. 




Jurisdiction of Civil Court, where there is an arbitration clause between the parties

Mar
7
2015


In this particular matter the dispute was between lender-Sundram Finance and borrowers-Respondent no. 1 and 2. A suit was instituted by the Respondents, wherein an application under Section 8 of Arbitration and Conciliation Act, 1996 was moved by  Sundram Finance. The High Court of Kerala held as follows:

 




Interim orders under Section 9 Arbitration and Conciliation Act can be passed even after passing of an Award

Feb
22
2015


The Court observed that the words in Section 9 of the Act "the party may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with Section 36, apply to a court", has to be given full effect. I




Arbitrator has to deliver the Award within the prescribed or extended time

Dec
11
2014


The court never terminates the mandate of an arbitrator. It stands terminated on the happening of an event or event. The court only declares it.




What is "Public Policy" within the meaning of Section 34 Arbitration and Conciliation Act 1996

Dec
1
2014


The expression “justice” when it comes to setting aside an award under the public policy ground can only mean that an award shocks the conscience of the court




While granting interim injunction in cases of bank guarantees the width and amplitude of Courts powers is narrower

Nov
24
2014


Ordinarily, encashment of an unconditional bank guarantee is not injuncted by a court. In order to obtain an order of injunction, the aggrieved party is required to demonstrate that it is either a case of fraudulent invocation or, one of special equities or in a given case, covered by both exceptions. 




Neither of the party to an arbitration agreement can unilaterally change its terms and conditions for its own advantage

Nov
24
2014


An arbitration agreement is an independent agreement and is binding on both the parties and neither of the parties can unilaterally change the terms and conditions of any agreement.




Supreme Court not a Court within the meaning of Section 2(1)(e) of the Arbitration and Conciliation Act, 1996 #indianlaws

Sep
24
2014


Supreme Court under no circumstances to be considered as “Court” for the purposes of Section 2(1)(e), and whether the Supreme Court does or does not retain seisin after appointing an Arbitrator




Arbitrator cannot decide upon issues not arbitrable in a Contract of Arbitration

Sep
10
2014


It is  not open to the Arbitrator to arbitrate upon the disputes which in view of a specific clause in the contract to the effect of they been “excepted” issues. 




Court not to substitute Arbitrator’s view by its own unless error apparent on the face of record #indianlaws

Aug
30
2014


In considering objections to the Award passed by an Arbitrator, the Court is not justified in reappraising the material on record and substituting its own view in place of Arbitrator's view.




Action of an Advocate duly authorised by his client similar to that of power-of-attorney acting on behalf of principal #indianlaws

Aug
21
2014


Counsel appearing for a party is fully competent to put his signature to the terms of any compromise upon which a decree can be passed in proper compliance with the provisions of Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC) and such decree is perfectly valid.




Court can deviate from agreed terms while appointing arbitrator in exceptional circumstances #indianlaws

Aug
21
2014


Even if the arbitration agreement specifically provides for any particular qualification(s) of an arbitrator the same would not denude the power of the Court acting under Section 11(6), in an appropriate case to depart therefrom.




Remedy under section 9 of A & C Act should not be granted for the purpose of providing security of an award #indianlaws

Jun
30
2014


The Court's jurisdiction to arrest a ship in an action in rem should not be exercised for the purpose of providing security of an award, which may be made in arbitration proceedings




Disputes under Micro, Small and Medium Enterprises Development Act, 2006 have to be adjudicated at Arbitration #indianlaws

Apr
20
2014


Once the Act provides for a statutory remedy of arbitration in terms of Section 18(4), it was held that the relief of certiorari as sought for quashing all the proceedings before the Council was manifestly misconceived.




The Court has to ensure neutrality, impartiality and independence of the third arbitrator #indianlaws #Arbitrationlaws

Apr
10
2014


Court has to ensure neutrality, impartiality and independence of the third arbitrator




An Arbitration Award should not be disturbed merely because two views are possible

Apr
2
2014


Court hearing objections under Section 34 of the Act should not interfere with the award merely because there are two views are possible




Limitations in extending bar under Section 42 Arbitration and Conciliation Act, 1996

Nov
12
2013


By merely filing an application before any Court, the bar under Section 42 cannot be extended, when another application is filed by a party before another Court, which has got jurisdiction. The Madras High Court in its recent decision held that section 42 of the Arbitration and Conciliation Act, 1996, cannot be invoked unless the parties disputing the jurisdiction proves that the Court which entertained the first application has the jurisdiction to entertain such application.




Do not fall prey to one-sided Builder Agreements #indianlaws

May
13
2013


Small Consumers not to fall prey to one-sided Builder Agreements containing Arbitration Clause 




Arbitration Clause in a contract is an agreement independent of other terms of the contract

May
10
2013


While considering any objection with regard to the existence or validity of the arbitration agreement, the arbitration clause forming part of the contract, has to be treated as an agreement independent of other terms of the contract








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