Arbitration Law – Calculation of Interest – Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 – Revision petition filed to challenge the dismissal of an execution petition regarding the calculation of interest – Petitioner claimed interest on the interest pendente lite – Court held that the interest awarded under Section 31(7)(a) partakes the character of...
Arbitration - Objections to Award - Limitation Period - Section 34(3) - No Condonation Beyond Specified Period– Appeal against dismissal of objections under Section 34 of the Arbitration and Conciliation Act, 1996, as time-barred – Held: Section 34(3) prescribes a limitation period of three months from the receipt of the arbitral award, extendable by a further 30 days if sufficient cau...
Arbitration Law – Non-Speaking Award – Section 34 – Appeal challenging the arbitral award and its dismissal on the ground that the award was non-speaking and thus invalid. Held: For an award to comply with Section 31(3) of the Act, it must contain reasons supporting the conclusions unless the parties agree otherwise. The absence of reasons constitutes a patent illegality under Se...
Arbitration Law – Objections under Section 34 – Limitation – Appeal against the dismissal of objections to an arbitral award. Held: The dismissal of objections on the ground of limitation was improper as there was no evidence that the signed copy of the arbitral award was served upon the appellants. The Additional District Judge erred in commenting on the merits after concluding ...
Administrative Law – Delay and Laches – Constructive Res Judicata – Writ petition challenging the cancellation of allotment and eviction orders dated 28.02.1996 and 17.05.1999, respectively, and the appellate order dated 15.05.2003. The petitioners approached the court in 2023, with an unreasonable delay in invoking writ jurisdiction. Held, the writ petition suffers from laches a...
Arbitration – Applicability of Arbitration Act vs. Madhya Pradesh Arbitration Tribunal – Section 7, Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 – Arbitration clause in contract – Jurisdictional conflict resolved in favor of the Arbitration Act – High Court set aside award based on 1983 Act – Supreme Court reinstates appeal for merits consideration &ndas...
Arbitration – Award Interpretation – Contractual Terms – The Arbitrator awarded claims for uneconomic utilization of machinery, interest on delayed payments, and pre-reference interest under Section 31(7) of the Arbitration and Conciliation Act, 1996. The High Court set aside certain claims, emphasizing the need to adhere to specific contractual prohibitions. The Supreme Court pa...
Arbitration Law – Interim Measures – Section 9 of Arbitration Act – Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief to restrain the respondent from supplying agricultural machinery to third parties – Petitioner relied on exclusivity clauses in the distribution agreement – Court noted the inordinate delay in approaching th...
Arbitration Clause – Applicability of Arbitration Acts –
Petitioners entered into a lease agreement with an arbitration clause referring disputes to the Managing Director of the Punjab State Cooperative Milk Producers Federation or his nominee under the 1961 Act – Dispute arose, and petitioners invoked jurisdiction under the 1996 Act – Held, Section 55 of the 1961 Act pe...
Arbitration and Conciliation Act, 1996 - Micro, Small and Medium Enterprises Development Act, 2006 - Section 19 - Interpretation - Held, Section 19 of the MSME Act does not apply to an arbitral award unless the procedure under Section 18 of the Act is followed. The section must be read as it is without importing or deleting any words. Application requiring deposit of 75% of the awarded amount for ...