Arbitration Agreement – Absence – Section 11(6) of the Arbitration and Conciliation Act, 1996: The Supreme Court held that there was no valid arbitration agreement between the parties. Clause 15 of the Contract Agreement, titled "Settlement of Disputes/Arbitration," did not constitute an arbitration agreement as it lacked the essential attributes of such an agreement as ...
Arbitration Law – Appointment of Arbitrator – Territorial Jurisdiction – Section 11(6) of the Arbitration and Conciliation Act, 1996: The Supreme Court held that the High Court of Orissa at Cuttack lacked jurisdiction to entertain the application under Section 11(6) of the Arbitration and Conciliation Act, 1996, for the appointment of an arbitrator since the respondent-claim...
Arbitration – Appointment of Arbitrator – Disputes between IOCL and NCC Ltd. – High Court appointed arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996 – Supreme Court examined the scope of court’s jurisdiction under Section 11, focusing on whether certain disputes fall within “excepted matters” as per the contract – Held that ...
Arbitration – Counter-claim – Claims not notified before invoking arbitration – Counter-claim of a party cannot be dismissed solely on this ground – Clauses 26.1 and 26.2 should be interpreted pragmatically to require parties to attempt amicable settlement before arbitration – Entire subject matter, including counterclaims, forms the subject of arbitration if not reso...
Arbitration – Jurisdictional Seat – The appointment of a new arbitrator who conducts arbitration proceedings at a different location does not change the jurisdictional 'seat' already fixed by the first arbitrator – The place of arbitration in such an event should be treated as a venue where arbitration proceedings are held – Jurisdictional 'seat' remains sta...
Civil Procedure – Appointment of Commissioner – Order 26 Rule 9 and Rule 11 CPC – Court has wide powers to appoint a commissioner for local investigations to elucidate any matter in dispute or to ascertain the market value of any property, mesne profits, damages, or annual net profits – Commissioners do not perform judicial acts but ministerial acts to aid the court –...
Bidding Process – Annulment – Justification – The appeals challenge the annulment of the bidding process for the Nagpur Airport project. The Court considered whether the annulment was arbitrary and without valid reason, focusing on the terms of the RFQ and RFP and the statutory provisions under the Airports Authority of India Act, 1994 [Paras 1-17].
Letter of Award (...
Arbitration – Group of Companies Doctrine – The petition called into question the applicability of the Group of Companies Doctrine in Indian arbitration law, particularly under Section 8 of the Arbitration and Conciliation Act, 1996. The doctrine's relevance, interpretation, and the extent to which it can bind non-signatory parties to an arbitration agreement were examined and refe...
Interest Pendente Lite – Inclusion in Awarded Sum – The appeal addresses whether the "sum" awarded under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, includes interest pendente lite. The Court held that the sum awarded under this provision does include such interest unless there is an agreement to the contrary between the parties [Paras 10-13].
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Arbitration – Appointment of Arbitrator – Absence of Written Agreement – The Supreme Court held that in the absence of any written contract containing the arbitration agreement, Section 11(6) of the Arbitration and Conciliation Act, 1996 shall not be applicable, and therefore, an application under this provision shall not be maintainable. The parties themselves had agreed on a pr...