2024 SCC Vol. 4 Part 4
Arbitration and Conciliation Act, 1996 — Ss. 11(14) & Expln. thereto [as they stood prior to the 2019 Amendment Act], 31(8), 31-A,
Arbitral Tribunal
Which judgment is binding when coordinate benches of Court have conflicting decisions? Allahabad HC answers
“When a Coordinate Bench issues a judgment on a particular legal issue, that judgment becomes binding precedent for subsequent cases involving a similar issue before another Coordinate Bench”
Can the issue of limitation be decided in a petition under Section 11 of the Arbitration Act? Delhi High Court answers
“The Court’s jurisdiction at the pre-reference stage is only to determine the prime facie existence of an arbitration agreement and the final adjudication, even on the question of limitation, is to be left to the arbitral tribunal, being the parties’ chosen forum.”
Deciphering the Supreme Court’s Verdict on DMRC v. DAMEPL — The “Cure” to Longstanding Legal Battle
by Vasanth Rajasekaran† and Harshvardhan Korada††
‘Certificate issued during pendency of dispute would not amount to final payment certificate’; Delhi HC sets aside arbitral award in conflict with public policy of country
“When no opportunity is given to deal with an argument which goes to the root of the case based on evidence which go behind the back of the party and results in a denial of justice to the prejudice of the party, the same would amount to violation of principle of natural justice.”
Supreme Court allows DMRC’s Curative Petition against arbitral award in favour of Delhi Airport Metro Express
Supreme Court has applied the standard of a ‘grave miscarriage of justice’ in the exceptional circumstances of this case where the process of arbitration has been perverted by the arbitral tribunal to provide an undeserved windfall to DAMEPL.
An Edge of the Institution Over Ad hoc Arbitration
by Justice Hemant Gupta (Retd.)*
Cite as: 2024 SCC OnLine Blog Exp 28
Enforcement of Arbitral Awards in India: An Analysis of Potential Issues and Strategies for Success
by Vasant Rajasekaran* and Harshvardhan Korada**
Cite as: 2024 SCC OnLine Blog Exp 26
Issue of non-signatory guarantor to be impleaded as party to arbitration is for arbitral tribunal to decide: Delhi High Court
“Prima facie, Respondents 3-5 are a veritable party to the loan agreement as they are connected with the loan documents and form part of the loan transaction.”
‘3 years is a long period for filing application for appointing arbitrator’; SC suggests Parliament to bring amendment prescribing specific limitation period
Supreme Court, while allowing the present petition, appointed Justice Sanjay Kishan Kaul, Former Judge of the Supreme Court of India, to act as the sole arbitrator.
Benefits under MSME Act do not apply retrospectively if registration is obtained after commencement of contract: Delhi HC reiterates
“The purpose of Sections 17 and 18 of the Micro, Small and Medium Enterprises Development Act, 2006, gives the right to a micro, small and medium enterprise to have its disputes adjudicated by approaching the facilitation councils and it cannot be obliterated on account of any other contract to the contrary.”
Delhi High Court holds South Asian University to be out of the purview of ‘State’ and thus not amenable to writ jurisdiction
The interpretation of the term other authority has evolved over a period of time where the judicial dictum, at various instances has decided for inclusion or exclusion of various authorities under Article 12 of the Constitution of India.
10 Important Arbitration Judgments of 2023
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2023 SCC OnLine Blog Exp 89
7-Judge Bench Verdict | Supreme Court Judgment on validity of Unstamped Arbitration Agreement
“The concept of separability or severability of an arbitration agreement from the underlying contract is a legal fiction which acknowledges the separate nature of an arbitration agreement. The separate nature of the arbitration agreement from the underlying contract is one of the cornerstones of arbitration law”
Fate of Arbitral Tribunal in case of unilateral fee hike: Analysis of Chennai Metro Rail case
by Ravitej Chilumuri†, Mihika Jalan†† and Hanisha Daboo†††
Cite as: 2023 SCC OnLine Blog Exp 84
Approval of Resolution Plan under IBC extinguishes all claims, dispute cannot be urged again before Arbitral Tribunal: Delhi High Court
“The IBC and the resolution process does not contemplate matters being left inchoate. In fact, it exhorts one to accept the seal of finality and quietude which stands attached to the approval of a Resolution Plan.”
Decoding Allahabad High Court verdict on applicability of doctrine of severability on arbitral awards
“Section 34 confers power on the court to set aside an award, the power could be exercised to set aside any or all such awards, whether composite, interim, final or additional”
Delhi High Court| Delay in the handing over of the Right of Way is a material breach of contract if it affects the issuance of the Completion Certificate
The Court is not meant to act as a Court of first appeal and cannot supplant its view over that of the Arbitral Tribunal.