Arbitration - Appointment procedure - Broad-based panel - Impartiality and independence - Counterbalancing of power - Scope of appointment procedure in government contracts - Principles laid down in Voestalpine case - Panel should include engineers from the private sector, legal professionals, and individuals from other fields - Need to create a healthy arbitration environment - Panel must be broa...
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...
Appeal against Arbitral Award – Price Variation Dispute – Arbitration and Conciliation Act, 1996 – Appeal under Section 37(1)(c) against Commercial Court’s judgment upholding arbitral award – Dispute over price variation clause in construction contract – Tribunal and Court aligned in interpretation of clause, denying PCC’s claim – Appellant's arg...
Arbitration – Extension of Mandate – Application for Extension of Arbitral Tribunal’s Mandate under Section 29A of The Arbitration and Conciliation Act, 1996 – The Court considered an application for extension of the mandate of the arbitral tribunal under section 29A of the 1996 Act and exclusion of a specific period for the purpose of determining timeliness under the same ...
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 ...
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 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 ...
Unconditional Stay on Arbitral Award – Granting – Arbitration Petition for Exclusive Marketing Agreement – Arbitrator awarded damages without proof of actual loss, contradicting settled law – Court finds award perversely and patently illegal, granting an unconditional stay. [Paras 1-37]
Principles of Damages in Contractual Breaches – Applicability and Pro...
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 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...