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...
Arbitration and Conciliation Act, 1996 – Section 31(7) – Interest on Delayed Payment – The appellant was awarded a contract for upgrading a State Highway and sought interest on delayed payments as per the agreement. The agreement contained provisions for interest but did not specify the rate for local currency payments. The Tribunal awarded interest, but the Arbitration Court and...
Arbitration Law – Seat of Arbitration – Change of Venue – Mutual Agreement – Supreme Court held that by mutual agreement of the parties, the venue of arbitration can be changed, and this change constitutes a change in the seat of arbitration – Once the seat is designated, it is akin to an exclusive jurisdiction clause, vesting exclusive jurisdiction with the courts at...
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 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...