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 ...
Execution of Decree – Interest on Decretal Amount – Appellant deposited the decretal amount in court without giving notice to the decree holder – High Court held decree holder entitled to interest on the amount deposited until the appeal's decision – Supreme Court found that interest ceases when the deposited amount is credited in the decree holder's account, regard...
Arbitration – Appointment of Arbitrator – Novation – The High Court dismissed the application under Section 11(6) of the Arbitration and Conciliation Act, 1996, filed by the appellant for the appointment of an arbitrator, on the grounds that the Share Purchase Agreement was novated by a subsequent Tripartite Agreement – Supreme Court held that issues of novation and the val...
Arbitration – Appointment of Arbitrator – Section 11(6) read with Section 11(12) of the Arbitration and Conciliation Act, 1996 – Petitions filed for appointing a sole arbitrator to resolve disputes arising from three agreements executed between the parties – Supreme Court held that the arbitration agreement is enforceable despite pending payment of stamp duty on the substan...
Commercial Courts – Jurisdiction – Arbitration – High Court held the State Government's notification to confer jurisdiction on Civil Judge (Senior Division) as Commercial Courts is in line with the Commercial Courts Act, 2015 – Supreme Court upheld the High Court's decision – Sections 3 and 10 of the Commercial Courts Act, 2015, prevail over Section 2(1)(e) of...
Arbitration – Preliminary Inquiry – Appellant challenged the High Court’s order appointing arbitrators without determining if the dispute was arbitrable – Supreme Court held that the High Court was required to conduct a primary inquiry to ascertain if the dispute fell under Clause 36 (specific performance through court) or Clause 37 (arbitration clause) of the addendum agre...
Arbitration Law – Stay of Arbitral Award – The Supreme Court held that once an application under Section 36(2) of the Arbitration and Conciliation Act, 1996, is filed for stay of the operation of the arbitral award, the court is empowered to impose conditions as it deems fit. This may include furnishing security covering the entire amount of the award, including interest. The court is ...
Arbitration – Interim Measures – Section 9 confers wide powers on courts to secure the disputed amount before, during, or after arbitration but before enforcement under Section 36 – Court must assess if the applicant has a prima facie case, balance of convenience, and promptness in seeking relief [Paras 1-2].
Stay of Arbitral Award – Section 36(2) allows for st...
Arbitration Law – Interim Relief – Section 9 of the Arbitration Act empowers courts to grant interim measures to secure the amount in dispute in arbitration – The courts are not strictly bound by the provisions of the CPC, but must be guided by the underlying principles of procedural law – A strong prima facie case and balance of convenience in favor of the applicant justif...
Arbitration – Appointment of Arbitrator – Lease Disputes – Renewal – Division Bench of High Court erred in rejecting application under Section 11(6) of the 1996 Act for appointment of Arbitrator – Disputes concerning renewal or non-renewal of lease, period of renewal, and rent quantum are arbitrable – Lease deed read as a whole indicates disputes to be resolved ...