The Pendulum Swings Again — Supreme Court Circumscribes the Referral Court’s Powers Under Arbitration Law
by Ameya Gokhale* and Renjith Nair**
arbitration and conciliation act
Supreme Court Crystallises the Law on Independence and Impartiality of Arbitrators in Indian Law: An Analysis of the Verdict in CORE II
by Vasanth Rajasekaran* and Harshvardhan Korada**
‘Existence of arbitration agreement in license agreement and share subscription agreement not in dispute’, Supreme Court refers matter to DIAC for appointment of sole arbitrator
“We have not expressed any opinion on the merits of the claim of either party including regarding the arbitrability of the dispute. All contentions and pleas are kept open for the parties to raise before the arbitral tribunal.”
Application for arbitrator’s appointment cannot be rejected on multiplicity alone if cause of action for subsequent arbitration arises: SC
“While applying the principles of Order 23 Rule 1 of CPC to applications under Section 11(6) of the Arbitration and Conciliation Act, 1996, it must be kept in mind that it will act as a bar to only those applications which are filed subsequent to the withdrawal of a previous Section 11(6) application filed on the basis of the same cause of action.”
Unilateral appointment clauses in public-private contracts violative of Article 14 of Constitution; Arbitrator’s selection from PSUs panel not a mandate: SC
The Arbitration and Conciliation Act, 1996 does not prohibit Public Sector Undertakings from empanelling potential arbitrators, however, an arbitration clause cannot mandate the other party to select its arbitrator from the panel curated by PSUs.
Delhi High Court impleads non-signatories as ‘veritable parties’ in arbitration proceedings for having substantial involvement in fulfilling terms of MoS
‘If the non-signatory’s actions align with the signatories, it could reasonably lead the signatories to believe that the non-signatory was a veritable party to the contract containing the arbitration clause.’
Whether the Law of Limitation is Applicable to the Claims under the MSMED Act, 2006
by Aparna Ramesh Devkar
Writ Jurisdiction and Arbitral Autonomy: Striking the Right Balance in India’s Arbitration Landscape
by Vasanth Rajasekaran* and Harshvardhan Korada**
Supreme Court explains how Non-Signatories may be bound by Arbitration Agreements
The Supreme Court elucidated the key factors through which the intention of the parties to be bound by an arbitration agreement can be gauged.
Application for extension of time for passing arbitral award under Section 29A of Arbitration Act is maintainable even after 18-month deadline for making of award: SC
“Section 29A intends to ensure the timely completion of arbitral proceedings while allowing Courts the flexibility to grant extensions when warranted. Prescribing a limitation period, unless clearly stated in words or necessary, should not be accepted. Bar by limitation has penal and fatal consequences.”
Impleading International Non-Signatories to a Domestic Arbitration: Analysing the Practical Implications
by Prashant Pakhiddey* and Manav Gill**
CASES REPORTED IN HCC | Case Laws on Unfair Labour Practice; Setting Aside Foreign Award; Validity of Will; GST Cancellation; and more
An update on new additions of case laws to SCC’s High Court Cases volume.
‘Section 29-A of Arbitration Act is procedural and discretion is given to parties to extend arbitration period further for 6 months’ ; Madras HC upholds arbitration award passed beyond 12 months
“The legislative intent of inserting Section 29-A of the Act is only for expeditious disposal of the arbitration proceedings and not to confer a new defence upon an unsuccessful party to challenge the award and to reopen the entire proceedings.”
Top cases on Arbitration Law from July to August 2024
A quick recap of the latest rulings on Arbitration Law by the High Courts.
Arbitrator can award pre-reference & pendente lite interest even when agreement is silent on award of interest or does not specifically prohibit it: SC
The Court has affirmed the power of the Arbitrator to grant pre-reference, pendente lite, and post-award interest on the rationale that a person who has been deprived of the use of money to which he is legitimately entitled has a right to be compensated for the same.
2024 SCC Vol. 7 Part 2
Arbitration and Conciliation Act, 1996 — S. 34(3): Limitation period under S. 34(3) for filing petition challenging arbitral award is considered