Arbitration - Application under Section 9 of the Arbitration and Conciliation Act 1996 for injunctive reliefs - Jurisdiction of the High Court to hear and decide the application - Proceedings related to performance/retention bank guarantees - First respondent's undertaking not to encash bank guarantees - Invocation of bank guarantees by the first respondent - Extension of protection for bank g...
Arbitration – Pendente Lite Interest – Clause barring interest in contract – Arbitrator cannot award pendente lite interest if contract explicitly bars it – Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 emphasizes parties' agreement over arbitrator’s power – High Court's rejection of pendente lite interest upheld [Paras 1-23].
Contrac...
Arbitration – Road Construction Contract – Award Set Aside by High Court – Appeal by Contractor – Challenge to the common judgment of the Aurangabad Bench of the Bombay High Court, which set aside an award in favor of the appellant concerning a road construction contract [Para 1-7].
Limitation – Claim Crystallization – The court observed that the claim crysta...
Arbitration – Award – Challenge to Award – Appellant challenged judgment setting aside award concerning road construction contract – Issues related to legal misconduct of arbitrator, time-barred claim, pursuit of claims after original contractor's death, and contractual preclusion – Trial court and High Court held award vitiated by legal misconduct and time-barred...
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 ...
Arbitration – MSMED Act – Jurisdiction and Procedure – Dispute regarding payment for supply of TMT bars – Facilitation Council dismissed proceedings citing lack of jurisdiction – High Court dismissed writ petition suggesting remedy under Section 34 of Arbitration Act – Supreme Court held Facilitation Council did not follow proper procedure under Section 18 of MS...