Arbitral Award – Modification by Section 34 Court – Not Permissible – Section 34 Does Not Confer Power to Modify – The Court held that the statutory language of Section 34 of the A&C Act permits only “setting aside” of arbitral awards and not “modification,” distinguishing it from appellate jurisdiction under the CPC – The qualitative diffe...
Arbitration – Interim Injunction Against Encashment of Bank Guarantee – Section 9 of Arbitration Act – Interim Order Upheld - Appellants challenged High Court’s interim direction restraining invocation of bank guarantee, passed in a writ under Article 227 against refusal of ex parte relief by Commercial Court – Supreme Court declined to interfere, noting that no preju...
Arbitration Law – Validity of Discharge Vouchers – Accord and Satisfaction – Arbitrability Affirmed – The appellant-insured accepted a discharge voucher under financial duress after a prolonged delay in claim settlement – Despite receipt of Rs. 1.88 crores under the Fire Declaration Policy, appellant claimed balance Rs. 3.83 crores and invoked arbitration &ndash...
Arbitration – Commencement of Proceedings – Interpretation of Section 21 of Arbitration Act vis-à-vis Rule 9(4) of Karnataka Rules – Appeal Allowed - Appellants challenged Commercial Court’s order vacating interim injunction for non-initiation of arbitral proceedings within three months under Rule 9(4) – Court held that issuance of notice under Section 21 dated...
Civil Law - Section 8 of the Arbitration Act - Arbitrability of Mutation Disputes – Challenge to Mutation Entry – Dispute Held Arbitrable – The petitioners filed a civil suit challenging a mutation entry — They contended that mutation matters under Section 45 of the Haryana Land Revenue Act must be decided by civil courts and are not arbitrable — The trial court allow...
Arbitration – Challenge to Arbitral Award – Scope of Interference – Appeal against High Court Division Bench judgment setting aside Single Judge’s decision under Section 34 of the Arbitration and Conciliation Act, 1996 – Appellant awarded construction contract, delayed completion by about 10 months – Liquidated damages deducted by respondent – Arbitral tri...
Arbitration – Modification of Arbitral Award – Jurisdiction of Court under Section 34 – Modification Set Aside – The appellants challenged the order of the District Judge modifying claim Nos. 3, 4, and 5 of an arbitral award – The High Court held that under Section 34 of the Arbitration and Conciliation Act, 1996, the court is not empowered to modify an arbitral award...
Arbitration Law - Arbitration Clause – Unilateral Termination Option – Clause Upheld – Appointment Directed - Clause allowing only the lender (Applicant) to opt out of arbitration upon becoming a SARFAESI beneficiary was challenged – Delhi High Court's Tata Capital ruling was distinguished as context-specific and not binding in Section 11 proceedings – Held: Exist...
Arbitration Law - Arbitral Tribunal Jurisdiction – Non-Signatories – Consent is Key – Tribunal’s Power to Implead Upheld – The Court held that arbitral jurisdiction arises from the arbitration agreement and not procedural omissions – Non-service of Section 21 notice or exclusion from Section 11 application does not preclude impleadment if parties have consented ...
Arbitration Law – Extension of Arbitrator's Mandate – Jurisdiction of Commercial Court – Extension Set Aside – Where the High Court has appointed an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, only the High Court retains the jurisdiction to extend or terminate the Arbitrator’s mandate under Section 29A – Held: The Comm...