Arbitral Proceedings – Judicial Interference – Scope of Article 227 – The court reiterated the limited scope of judicial interference under Article 227 of the Constitution in arbitral matters. Interference is permissible only in cases of "exceptional rarity," "exceptional circumstances," or "extreme perversity." Here, the petition challenged an inter...
Arbitration Law – Post-Award Interest – Section 31(7)(b) of Arbitration and Conciliation Act – Interest Awarded – The appellant, a contractor, was awarded a sum by an Arbitrator, but the Arbitrator denied post-award interest, mistakenly believing the contract prohibited it – The District Court reversed this decision and granted 18% interest from the date of the award ...
Arbitration – Scope of Appeal under Section 37 – Punjab and Haryana High Court’s Order – Reversed – The appellants, Punjab State Civil Supplies Corporation Ltd., challenged the High Court’s decision setting aside an arbitral award in their favor – The High Court interfered with the arbitral award, despite its confirmation under Section 34, on the basis of ...
Facts:
The case involves a dispute between ANGLO AMERICAN METALLURGICAL COAL PTY LTD. (Appellant) and MMTC LTD. (Respondent) over the supply of coal. The Majority Award found that the Appellant was able to supply the contracted quantity of coal, but the Respondent was unwilling to lift the coal due to a market slump. The Respondent subsequently attacked the Appellant, alleging non-su...
Facts:
The present case revolves around a dispute between the petitioner, Mr. Suresh Shah, and the respondent, Hipad Technology India Private Limited. The petitioner is the landlord, and the respondent is the tenant of a commercial property. The lease agreement between the parties contains an arbitration clause, which provides an alternate mode of dispute resolution. Subsequently, a dispute ar...
Arbitration Law – Section 34 Challenge – Application to set aside arbitral award – The court set aside the arbitral award, finding that the agreements were hit by Section 63 of the Gujarat Tenancy and Agricultural Lands Act, 1948, and hence incapable of being specifically enforced – The arbitrator had granted specific performance despite the fact that the lands were agricul...
Arbitration Law – Interim Measures – Jurisdiction – Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 – Tribunal constituted under Section 3 has jurisdiction to grant interim measures under Section 17 of the A&C Act – Contractor’s remedy lies with the Tribunal – High Court’s order restraining recovery without adjudication set...
Arbitration – Appointment of Arbitrator – Review Application – The Original Respondent filed a review application against the order passed under Section 11(6) of the Arbitration and Conciliation Act, 1996, appointing a sole arbitrator – The court had appointed the arbitrator based on the Original Respondent’s earlier stance, which agreed to a sole arbitrator either by...
Arbitration – Interim Measures – Invocation of Bank Guarantees – Section 17 of the Arbitration and Conciliation Act, 1996 – The appellant sought to invoke several bank guarantees provided by the respondent, while the respondent sought a restraint on this action – The Arbitral Tribunal granted an injunction restraining the appellant from invoking the bank guarantees on...
Arbitration Law – Extension of Time under Section 29A – Post-Expiry Applications – Maintainability – Appeals concerning whether an application for extension of time under Section 29A of the Arbitration and Conciliation Act, 1996, can be filed after the expiry of the mandate of the arbitral tribunal. The Calcutta High Court held that such an application must be filed before ...