Arbitration Act Archives

Disputes on wage payment and termination order

Disputes relating to non-payment of wages & termination order within Industrial Tribunal’s jurisdiction; SC quashes arbitrator’s appointment

“Jurisdiction of the Industrial Court is also to the exclusion of the civil courts and is not arbitrable.”

Awards rendered by MSME Council can be challenged under Section 34 of A&C Act and not under Art. 226: Orissa High Court

In the matter at hand, the appellant contended that the Council’s award ought to have been interfered with under Article 226/227 of the Constitution, as there was no conciliation in accordance with the procedure prescribed, a condition precedent for initiation of arbitration proceeding under Section 18 (3) of the MSMED Act.

Cases Reported SCC Weekly

2024 SCC Vol. 9 Part 3

Arbitration Act, 1940 — S. 29 — Interest on interest or compound interest: Post award interest on interest awarded is not grantable

Op Eds OP. ED.

Clash of the Courts — An analysis into the complications intertwined in the Commercial Courts Act, 2015 while dealing with Jurisdiction over Arbitration Disputes

by Nanda Surendran*

Case Briefs High Courts

‘Necessary ingredients of Sec. 11(6) clearly exist’; Delhi HC appoints Arbitrator to resolve dispute between Yuvraj Singh and real estate developer for claim of Rs. 1.38 Crores

“Deletion of party is an issue to be decided by the Arbitral Tribunal, it cannot be looked into by the Court under Section 11(6) of the Arbitration Act”

Case Briefs High Courts

‘Situation not emergent to justify parallel adjudication by Court’: Delhi High Court dismisses Section 9 Arbitration petition due to Lack of Urgency

“When the Arbitral Tribunal is in seisin of disputes between parties, there is the pernicious possibility of any observation being made by the Court influencing the proceedings before the Arbitral Tribunal”

Cases Reported SCC Weekly

2024 SCC Vol. 6 Part 1

Arbitration and Conciliation Act, 1996 — Ss. 11 & 8 and 16 r/w S. 7: Law clarified on harmonious construction of Arbitration

Case Briefs High Courts

Can allegations of coercion be looked into u/s 11 of the Arbitration Act by the referral Court? Delhi HC explains

“Consequent on introduction of sub-Section 6(A) in Section 11, the Supreme Court has in several decisions held that the jurisdiction of the referral Court is now circumscribed.”

Legal RoundUp Topic-wise Roundup

Arbitration Roundup June 2024; Update yourself with all the latest Arbitration law updates in June 2024

“A quick recap of the latest rulings by the Supreme Court and High Courts- From the mandate of the arbitrator to the challenge of award passed by arbitrator”

Case Briefs High Courts

Allahabad HC directs Principal Secretary to implement guidelines in Government departments to avoid filing Arbitration appeals beyond statutory time limits

“The rationale behind such stringent timelines is rooted in the principles of finality and efficiency, which are paramount in arbitration. The limitation period serves as a deterrent against undue delays and encourages parties to act promptly, thereby ensuring that the arbitration process remains expeditious.”

Case Briefs High Courts

No bar to invoke arbitration even if alternative remedy available under RERA Act: Gauhati High Court

There is nothing to show that there is any inconsistency or repugnancy between the provisions of the Real Estate (Regulation and Development) Act, 2016 and arbitration as an alternative. The parties have agreed to arbitration clause provided in contract agreement for settlement of disputes including the issue raised by petitioners.

Case Briefs High Courts

Can arbitration proceedings act as a bar for proceedings under Section 7 of the IBC? Delhi HC answers

“Section 7 of the Insolvency and Bankruptcy Code, 2016 states a financial creditor, either by itself or jointly, with other financial creditors, or any other person on behalf of the financial creditor, may file an application for initiating corporate insolvency resolution process against a corporate debtor before the Adjudicating Authority when a default has occurred.”

Case Briefs High Courts

Will arbitration proceedings survive if mandate of arbitrator is terminated? Delhi HC answers

“The arbitral proceedings in the matter were not terminated but the Arbitrator had been non-responsive and was unable to perform his functions. Thus, as per Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, the present case is suited for appointment of a substitute Arbitrator for adjudicating the disputes.”

Case Briefs High Courts

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”

Cases Reported SCC Weekly

2024 SCC Vol. 4 Part 3

Appellate Jurisdiction under Section 37(2) of the Arbitration Act: Jurisprudence on the setting aside awards under Section 34 of the Arbitration Act

Case Briefs High Courts

Calcutta High Court dismisses application due to non-existence of arbitration clause in subcontractor’s work order

‘A reference to the document in the contract should be such that shows the intention to incorporate the arbitration clause contained in the document into the contract’

Case Briefs Foreign Courts

Singapore HC upholds Final Award in arbitral proceedings over sale and purchase of lab-grown gemstone jewellery company shares

The Court noted that, “To attract curial intervention, it must be established that the breach of the rules of natural justice must, at the very least, have actually altered the final outcome of the arbitral proceedings in some meaningful way”.