Arbitration – Interference with Arbitral Award – Scope of Jurisdiction – The High Court’s interference with the arbitral award based on an alternative view was not justified – The Appellate Court correctly held that the learned Single Judge exceeded his jurisdiction by questioning the interpretation of the Implementation Agreement clauses given by the Sole Arbitrator ...
Arbitration Law – Termination of Mandate – Section 12(5) of the Arbitration Act – The Supreme Court held that the originally constituted Arbitral Tribunal, a Stationery Purchase Committee comprising officers of the respondent, had lost its mandate by operation of law under Section 12(5) read with the Seventh Schedule of the Arbitration and Conciliation Act, 1996 – A fresh a...
Arbitration – Remittal to Arbitrator – Section 34(4) of Arbitration and Conciliation Act – Court's discretion to remit matter to arbitrator to fill gaps in reasoning or provide additional reasons – Not obligatory to remit in cases of patent illegality or absence of findings on contentious issues – High Court dismissed motion for remittal as arbitral award lacked f...
Arbitration Law – Interim Measures – Section 9 of Arbitration Act – Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief to restrain the respondent from supplying agricultural machinery to third parties – Petitioner relied on exclusivity clauses in the distribution agreement – Court noted the inordinate delay in approaching th...
Arbitration – Maintainability of Fresh Reference – High Court quashed Tribunal's order dismissing reference as not maintainable – Tribunal held reference not maintainable since dispute already adjudicated by Housing Commissioner – High Court's referral to Housing Commissioner was a consent order – Housing Commissioner’s award attained finality as it was ...
Arbitration – Scope of Arbitrator's Jurisdiction – Arbitrator exceeded jurisdiction by passing the award on contracts beyond the Bina Project agreement – High Court rightly set aside the award concerning other projects/contracts – Arbitrator bound by the specific agreement referred to arbitration [Paras 1-5].
Arbitration Award – Partial Upholding &nda...
Arbitration – Modification of Award – Appellant contested the modification of the original award under Section 33 of the Arbitration and Conciliation Act, 1996 – The Supreme Court held that the original award did not contain any arithmetical or clerical errors and was made considering the claims as presented – Modification beyond scope of Section 33 – Both City Civil ...
Arbitration Law – Appellate Jurisdiction – Distinction – High Court erroneously acted as an appellate forum in a regular civil suit, rather than under the limited scope of Section 37 of the Arbitration Act – District Judge rightly rejected the petition under Section 34, finding no basis for interfering with the arbitral award – High Court's judgment set aside as i...
Arbitration – Setting Aside of Arbitral Award – Appellant challenged the decision to set aside an arbitral award – The dispute arose from the sale of shares and a subsequent deed of settlement – High Court set aside the award on grounds that the arbitrator's conclusions were not in accordance with the fundamental policy of Indian law – Supreme Court affirmed the H...
Arbitration – Setting Aside of Arbitral Award – Plea of waiver taken against appellant-State on the ground of not raising objection in Section 34 petition dismissed – Court held Section 34(2A) empowers setting aside of an award if vitiated by patent illegality – Such grounds can be invoked by the Court in an appeal under Section 37 – High Court should have considered ...