Appeal against Arbitral Award – Price Variation Dispute – Arbitration and Conciliation Act, 1996 – Appeal under Section 37(1)(c) against Commercial Court’s judgment upholding arbitral award – Dispute over price variation clause in construction contract – Tribunal and Court aligned in interpretation of clause, denying PCC’s claim – Appellant's arg...
Arbitration Proceedings - Non-filing of Written Statement of Defence - Dismissal of Application under Section 151 CPC for Placing Documents on Record - High Court dismisses application under Section 151 CPC for placing documents on record, as the appellant failed to file a written statement of defence before the Arbitrator during arbitration proceedings. No cogent reason provided for the belated s...
Arbitration Award Challenge – Appellants did not file written statement of defence or lead evidence in arbitration proceedings initiated by respondent-HAFED for recovery of Rs. 26.01 lakhs – Arbitration award passed in favour of respondent, accepting the claim in toto – Appellant’s challenge to award under Section 34 of the Arbitration and Conciliation Act, 1996 dismissed b...
Misconduct and Disciplinary Action – Petitioner faced charges of unauthorized absence, misbehaviour, and irregularities, leading to suspension and disciplinary action including barring of increments – Original application to KAT challenging the penalty imposed was dismissed. [Paras 2, 3]
Judicial Review of Tribunal's Order – Petitioner sought High Court intervent...
Arbitration Agreement - Referral to Arbitration - Interpretation of Section 8 of the Arbitration and Conciliation Act, 1996 - Petitioner sought reference to arbitration pursuant to an arbitration clause in the agreement governing their relationship - Trial Court rejected the application, citing failure to produce original or duly certified copy of the agreement - Petitioner contended that a duly c...
Civil Law – Arbitration – Interim Measures – In the case of Shanghai Electric Group Co. Ltd. Versus Reliance Infrastructure Ltd., the Delhi High Court examined the issue of granting interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, in the context of an international commercial arbitration. The Court considered the enforceability of a foreign arbitral...
Arbitration – Enforcement of Foreign Arbitral Awards – Conflict of Interest and Bias – challenge against enforcement of a foreign arbitral award on grounds of arbitrator's alleged bias and conflict of interest under Section 48 of the Indian Arbitration Act. The appellants contended that the presiding arbitrator had failed to disclose conflicts of interest, impacting his impar...
Arbitration – Extension of Mandate – Application for Extension of Arbitral Tribunal’s Mandate under Section 29A of The Arbitration and Conciliation Act, 1996 – The Court considered an application for extension of the mandate of the arbitral tribunal under section 29A of the 1996 Act and exclusion of a specific period for the purpose of determining timeliness under the same ...
Unconditional Stay on Arbitral Award – Granting – Arbitration Petition for Exclusive Marketing Agreement – Arbitrator awarded damages without proof of actual loss, contradicting settled law – Court finds award perversely and patently illegal, granting an unconditional stay. [Paras 1-37]
Principles of Damages in Contractual Breaches – Applicability and Pro...
Arbitration and Conciliation Act, 1996 – Appeal under Section 37 – Challenging the dismissal of objections under Section 34 against the Arbitral Award dated 20.02.2019 – Award directed appellants to pay substantial sums with interest and costs – Dismissal of objections upheld by the High Court. [Para 1, 2, 37]
Commercial Court’s Order – Compliance w...