Arbitration – Arbitral Award – Patent Illegality – Judicial Intervention – Section 34 of Arbitration and Conciliation Act, 1996 – Scope of interference limited to grounds under Section 34 – Judicial intervention on merits of award not permissible – Award can be set aside if it violates “public policy of India” or principles of natural justice &...
Arbitration and Conciliation Act, 1996 - Section 34 - Setting aside of arbitral award - Patent illegality - Appeal against judgment and order passed by High Court setting aside arbitral award - Whether interference by High Court in findings and conclusions of arbitral award sustainable - Held, no - Mere errors on merits of the case do not amount to patent illegality - Narrow scope of patent illega...
Arbitration – Power to Modify Arbitral Award – Section 34 of Arbitration Act – Supreme Court held that Section 34 does not confer any power to modify an arbitral award – The provision only allows for setting aside the award on specific grounds, reflecting a deliberate legislative policy of minimal judicial intervention – Judgments modifying awards by courts under Arti...
Arbitration and Conciliation Act, 1996 - Section 34 - Setting aside of arbitral award - Patent illegality - Appeal against judgment and order passed by High Court setting aside arbitral award - Whether interference by High Court in findings and conclusions of arbitral award sustainable - Held, no - Mere errors on merits of the case do not amount to patent illegality - Narrow scope of patent illega...
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...
Pre-referral jurisdiction of the court under Section 11(6) of the Arbitration and Conciliation Amendment Act, 2015 - Whether the court should decide the issue of the existence and validity of the arbitration agreement at the pre-referral stage or leave it to the arbitral tribunal. [Para 1]
Section 11(6A) of the Arbitration Act - Post the Arbitration and Conciliation Amendment Act, 2015, the jur...
Arbitration – Appointment of Arbitrator – Prima Facie Test – The Supreme Court held that a deeper consideration of whether an arbitration agreement exists between the parties must be left to an arbitrator who is to examine the documentary evidence produced before him in detail after witnesses are cross-examined. The Court set aside the Delhi High Court's judgment insofar as i...
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 – Jurisdiction – Section 2(1)(f) Arbitration Act – International Commercial Arbitration – High Court's jurisdiction questioned – Transaction between parties had international flavour due to the respondents being US nationals and habitually resident there – High Court had no jurisdiction to appoint arbitrator – Appeal allowed [Paras 7-16].
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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...