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...
Pre-referral jurisdiction of the court under Section 11(6) of the Arbitration and Conciliation Amendment Act, 2015 - Whether the court should decide the issue of the existence and validity of the arbitration agreement at the pre-referral stage or leave it to the arbitral tribunal. [Para 1]
Section 11(6A) of the Arbitration Act - Post the Arbitration and Conciliation Amendment Act, 2015, the jur...
Arbitration and Conciliation Act, 1996 - Section 34 - Setting aside of arbitral award - Patent illegality - Appeal against judgment and order passed by High Court setting aside arbitral award - Whether interference by High Court in findings and conclusions of arbitral award sustainable - Held, no - Mere errors on merits of the case do not amount to patent illegality - Narrow scope of patent illega...
Arbitration and Conciliation Act, 1996 - Section 34 - Setting aside of arbitral award - Patent illegality - Appeal against judgment and order passed by High Court setting aside arbitral award - Whether interference by High Court in findings and conclusions of arbitral award sustainable - Held, no - Mere errors on merits of the case do not amount to patent illegality - Narrow scope of patent illega...
In the present case, an arbitration agreement was entered into between the parties in the year 2007, prior to the Amendment Act, 2015 coming into force. A dispute arose between the parties, and a notice invoking arbitration was issued on 28.05.2015. The application under Section 11(6) of the Act was filed by the appellant on 10.08.2015, after the Amendment Act, 2015 had come into force. The respon...
Arbitration and Conciliation Act, 1996 — Section 34 — Challenge to award — Scope of interference with findings of fact recorded by an arbitrator — Perverse or patently illegal findings of fact, only exception to court’s limited jurisdiction of interference — Merely because different views are possible, court cannot interfere with the findings of fact recorded by...
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 - 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 – Limitation Period – Applicability to Section 11(6) Arbitration and Conciliation Act, 1996 – The Supreme Court examined the applicability of the Limitation Act, 1963 to applications for appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. The Court clarified the distinction between the limitation for filing a Section 11(6) ...
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...