Arbitration – Scope of Judicial Review – Sections 30 and 33 of Arbitration Act, 1940 – Courts do not sit in appeal over arbitral awards – Reappraisal of evidence not permissible – Arbitrator’s reasonable interpretation upheld if not perverse or based on a wrong proposition of law – Appeals dismissed [Paras 10-13].
Construction Contracts – Rebate a...
Arbitration – Limitation Period – Section 34(3) Arbitration and Conciliation Act 1996 – Period of limitation for filing objections commences from the date when the signed copy of the award is made available to the parties – Draft award not considered as starting point for limitation period – Appeal allowed and objections deemed filed within the limitation period [Para...
Arbitration Law – Appointment of Arbitrator – Dispute over Development Agreement for Wind Farm Project – Arbitration clause under the Agreement – Respondent's invocation of arbitration and nomination of arbitrator – Appellant's registration under MSMED Act and referral to Facilitation Council – High Court's observation on lack of provision for counte...
Arbitration – Appealability of Refusal to Condon Delay – Question of law whether a single Judge's order refusing to condone delay in filing an application under Section 34 of the Arbitration Act, 1996 is appealable under Section 37(1)(c) – Supreme Court holds that an appeal under Section 37(1)(c) is maintainable against an order refusing to condone delay in filing an applicat...
Arbitration Law – Enforceability of Arbitration Agreement in Unstamped Contracts – The Supreme Court examined whether an arbitration agreement within an unstamped commercial contract is valid and enforceable. The Court held that the arbitration agreement is an independent agreement, not chargeable to stamp duty, and thus, the non-payment of stamp duty on the commercial contract does no...
Arbitration Law – Jurisdiction and Framework – The Supreme Court discussed the jurisdiction of arbitrators and the procedural framework under the Arbitration and Conciliation Act, 1996. The Court held that the Act itself provides comprehensive procedures for challenging the appointment of arbitrators and that parties must adhere to these statutory provisions without resorting to extras...
Arbitration Proceedings – Termination – Judicial Superintendence – Petition challenged the continuation of arbitration proceedings that extended over nine years without the parties' written consent – High Court held that the arbitrator's mandate had expired, and further proceedings without written consent were unauthorized – High Court can exercise judicial su...
Arbitration Clause – Applicability of Arbitration Acts –
Petitioners entered into a lease agreement with an arbitration clause referring disputes to the Managing Director of the Punjab State Cooperative Milk Producers Federation or his nominee under the 1961 Act – Dispute arose, and petitioners invoked jurisdiction under the 1996 Act – Held, Section 55 of the 1961 Act pe...
Arbitration and Conciliation Act, 1996 - Micro, Small and Medium Enterprises Development Act, 2006 - Section 19 - Interpretation - Held, Section 19 of the MSME Act does not apply to an arbitral award unless the procedure under Section 18 of the Act is followed. The section must be read as it is without importing or deleting any words. Application requiring deposit of 75% of the awarded amount for ...
Arbitration and Conciliation Act, 1996 - Limitation for Filing Objections - Interpretation of Section 31(5) and Section 3 - Held, limitation period for filing objections to an arbitral award begins from the date the award is received by the party at its place of business, not from the date it is put up before the competent authority within the organization.
Arbitral Award - Commenceme...