Arbitration – Appointment of Arbitrator – Parties agreed on existence of arbitration agreements – Disputes arose under Construction Management Agreements – Respondents denied arbitrable dispute under said agreements, claimed it arose under Share Purchase Agreements – Supreme Court held disputes fell under CMAs' arbitration clauses – Narrow scope of review un...
Arbitration – Extension of Time – Arbitrator's Mandate – Sole Arbitrator continued arbitration proceedings and passed the award within the extended period – High Court set aside the award citing misconduct as Arbitrator continued post-retirement – Supreme Court held Arbitrator's mandate valid until proceedings conclude, absent contrary provision – Extens...
Arbitration – Setting Aside of Award – Patent Illegality and Public Policy – The Supreme Court held that the Division Bench of the High Court erred in setting aside the arbitral award. It emphasized that the High Court's intervention was based on reappreciation of evidence, which is impermissible under Section 34 of the Arbitration and Conciliation Act, 1996. The court clarif...
Arbitration Law – Interim Measures – Appeal against High Court’s order directing Commercial Court to adjudicate applications under Section 9 of the Arbitration Act post-constitution of an Arbitral Tribunal – Court’s power to entertain applications under Section 9(1) once the Tribunal is constituted – Supreme Court held Section 9(3) restricts court's role unl...
Contract Law – Payment Disputes – Jurisdiction of Writ Court – The Supreme Court held that the Gauhati High Court erred in directing payment to the respondent based on the Joint Survey Report for road construction without considering the disputed facts about the authenticity of the report and the quantum of work done. The Court emphasized that such disputed questions of fact shou...
Arbitration - Barred by limitation - Distinction between claims being barred by limitation and the application for appointment of an arbitrator being barred by limitation. [Para 52]
Cause of action - Determination of when a cause of action accrues - Cause of action arises when there is a person who can sue and another who can be sued, and when all the material facts have happened that are neces...
Arbitration – Appointment of Arbitrator – Novation of MoU by SHA – Whether the MoU has been superseded by the SHA requires detailed consideration – Section 11 court’s jurisdiction limited to prima facie review – Arbitration clause in MoU cannot be negated without thorough analysis – Appeal allowed, parties referred to arbitration [Paras 1-9].
Scope of S...
Arbitration and Conciliation Act, 1996 — Section 34 — Challenge to award — Scope of interference with findings of fact recorded by an arbitrator — Perverse or patently illegal findings of fact, only exception to court’s limited jurisdiction of interference — Merely because different views are possible, court cannot interfere with the findings of fact recorded by...
In the present case, an arbitration agreement was entered into between the parties in the year 2007, prior to the Amendment Act, 2015 coming into force. A dispute arose between the parties, and a notice invoking arbitration was issued on 28.05.2015. The application under Section 11(6) of the Act was filed by the appellant on 10.08.2015, after the Amendment Act, 2015 had come into force. The respon...
Arbitration – Bank Guarantee – Refusal to Accept – High Court refused to accept irrevocable Bank Guarantee of Rs. 30 Crores issued by ICBC, a Scheduled Bank included in the Second Schedule of the Reserve Bank of India Act – High Court insisted on a fresh Bank Guarantee from a "Scheduled Indian Bank" – Supreme Court held that the High Court erred in its direc...