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“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.”
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.
‘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.’
by Aparna Ramesh Devkar
by Vasanth Rajasekaran* and Harshvardhan Korada**
The Supreme Court elucidated the key factors through which the intention of the parties to be bound by an arbitration agreement can be gauged.
“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.”
by Prashant Pakhiddey* and Manav Gill**
An update on new additions of case laws to SCC’s High Court Cases volume.
“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.”
A quick recap of the latest rulings on Arbitration Law by the High Courts.
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.
Arbitration and Conciliation Act, 1996 — S. 34(3): Limitation period under S. 34(3) for filing petition challenging arbitral award is considered
The direction given by the Sole Arbitrator to exclude the period from 31-03-2015 to 31-03-2017 for calculation of pre-litigation interest was contrary to the express terms in the Agreement made between the parties.
Civil Procedure Code, 1908—Or. 7 R. 11—Rejection of plaint — Appeal against Trial Court’s decision allowing application for rejection
