Arbitration and Interest Award – Challenge of interest awarded by Arbitral Tribunal (AT) – Original award of 18% interest from 08 March 2004 modified by learned Single Judge to 12% from 06 July 2008 during pendency of Section 34 petition. [Paras 2, 18]
Modification of Arbitral Award – Learned Single Judge's order modifying interest rate set aside – High Cou...
Arbitration - Application under Section 9 of the Arbitration and Conciliation Act 1996 for injunctive reliefs - Jurisdiction of the High Court to hear and decide the application - Proceedings related to performance/retention bank guarantees - First respondent's undertaking not to encash bank guarantees - Invocation of bank guarantees by the first respondent - Extension of protection for bank g...
Arbitration and Conciliation Act, 1996 – Section 37(1) Appeal – Challenge against order passed by ADJ dismissing application under Section 34 of A&C Act – Appeal dismissed, affirming Sole Arbitrator’s award. [Para 1, 6, 25]
Arbitration Agreement – Enforcement and interpretation – Arbitrator’s jurisdiction encompassed disputes arising from ...
Enforcement of Foreign Award – Jurisdiction of Delhi High Court in Enforcement Proceedings – Award debtor’s contention of lack of jurisdiction due to non-residency and absence of assets in Delhi – Counter-argument of assets owed to award debtor by a company in Delhi – Court’s determination of jurisdiction based on existence of debtor’s assets within its do...
Arbitration and Conciliation Act, 1996 – Section 34 – Challenge to Arbitral Award – Petitioner challenges the arbitral award under Section 34 of the A&C Act – Objection to the award delivered by the Arbitral Tribunal concerning a Services and Alliance Agreement. [Para 1]
Arbitral Proceedings and Award – Disputes arising from the Services and Alliance ...
Arbitration – Challenge to Arbitral Awards – Petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996 against arbitral awards in favor of respondents concerning wage arrears claims – Presidential Directives and Settlement Memoranda considered – Tribunal's mandate to adjudicate the quantum of arrears payable from 01.01.1997 to 31.12.2007 upheld &nda...
Arbitration Agreement – Enforceability against Judicial Proceedings – Suit decreed by ADJ despite the existence of an arbitration agreement between the parties – Appellants objected to the maintainability of the suit citing the arbitration clause and Section 8 of the Arbitration and Conciliation Act, 1996 – The objection was raised at the earliest possible instance in the a...
Arbitration – Fee dispute between parties and the impartiality of the tribunal – Chennai Metro Rail Limited (Chennai Metro) awarded a contract to Afcons for a project – Disputes arose during arbitration proceedings – Tribunal unilaterally increased its fee – Chennai Metro raised objections – Tribunal’s insistence on higher fee led to apprehension of bias &...
Commercial Appeal – Application for condonation of delay – Delay of 25 days in filing the appeal – Appellant, the defendant in a commercial suit, sought to condone the delay – Appellant’s explanation for the delay initially found unsatisfactory – Additional affidavit presented with evidence of a nine-month-old baby’s illness and other personal setbacks &nd...
Arbitration – Interpretation of contract clause – Petitioner challenged the interpretation of Clause XII of the agreement by the learned Arbitrator – Reliance on a prior decision of the Supreme Court - Argument that the decision was ignored by the Courts dealing with remedies under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 – Examining the relevant cla...