Arbitration Law – Statutory Forum vs Contractual Clause – Exclusive Jurisdiction of Statutory Tribunal Upheld – The appellant, a private tollway company, initiated arbitration under Clause 44.3.1 of a Concession Agreement invoking the 1996 Act and ICADR Rules, after withdrawing a reference before the Madhya Pradesh Arbitration Tribunal without liberty – The High Court...
Arbitration Law - Arbitral Interim Relief – Remand of Section 17 Decision – Impugned Order Set Aside - The Arbitral Tribunal rejected interim relief to protect Atul’s rights under a development MoU citing termination, lack of clarity, and change in land use to NDZ – Held: Tribunal failed to consider material documents including the Oberoi MoU in full; findings were summary ...
Arbitration Appeal – Improper Constitution of Arbitral Tribunal – Arbitrator Lacked Jurisdiction – Fresh Commencement Required – After the initial award was set aside, appellants re-approached the same arbitrator without issuing notice under Section 21 or mutual agreement of parties – Held: Arbitrator lacked jurisdiction to recommence proceedings; Single Judge rightly...
Arbitration – Limitation – Date of Cause of Action – Arbitral Proceedings Held Timely – Appellant argued claim was time-barred from 2006 due to early land handover – Court held cause of action arose only in 2010 when State confirmed concession period's end date, and arbitral proceedings commenced in same year – Held: Claim within limitation [Paras 5-11].
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Arbitration Law – Maintainability of Writ under Article 226 – Exception to Rule of Execution – Petitioners sought writ of mandamus for enforcement of arbitral award of ₹61.54 crores related to municipal waste management project—Though execution petition was pending, Court held: Extraordinary delay and non-payment for over 12 years despite decree justified writ juris...
Civil Law - Arbitration and Conciliation Act, 1996 - Arbitration Clause – Interpretation of Dispute Resolution Clause – Article 20 of Concession Agreement – Arbitration Denied – The Supreme Court examined whether Article 20 of the Concession Agreements executed between Municipal Corporations of Delhi and private contractors constituted a valid arbitration agreement – ...
Arbitration Law - MSMED Act vs. Arbitration Act – Statutory Override – Appeal Allowed - The Court held that arbitration proceedings under Section 18 of the MSMED Act override contractual arbitration clauses, including those specifying seat and venue – MSMED Act being a special legislation prevails over the Arbitration Act – Arbitral jurisdiction validly exercised by Delhi F...
Arbitration Law - Arbitral Award – Division of Interest Periods – Legality of Granting Separate Interest for Pre-reference and Pendente Lite Periods – Arbitral Discretion Upheld - Arbitral Tribunal’s bifurcation of interest into pre-reference, pendente lite, and post-award periods is not contrary to Section 31(7)(a) – Held: Tribunal is empowered to award varying inter...
Arbitration Law – Scope of Judicial Review under Section 11 – Confined to Existence of Agreement – High Court Erred – Supreme Court reaffirmed that under Section 11(6A) of the Arbitration Act, courts are confined to examining the existence of an arbitration agreement – Determining arbitrability of individual claims is beyond this scope – Any issue of non-a...
Arbitration Law - Arbitral Jurisdiction – Group of Companies Doctrine – Applicability to Non-signatories – Tribunal Empowered – The arbitral tribunal allowed impleadment of ASF Buildtech Pvt. Ltd., a non-signatory, holding it to be a veritable party under the Group of Companies doctrine – Held: An arbitral tribunal has the jurisdiction to decide its own competence und...