Deciphering the Supreme Court’s Verdict on DMRC v. DAMEPL — The “Cure” to Longstanding Legal Battle
by Vasanth Rajasekaran† and Harshvardhan Korada††
Arbitration
Delhi High Court dismisses S. 11 Arbitration petition due to Debit Notes issued after MSMED registration in arbitration proceedings
MSMED Act is a beneficial legislation for Micro Small & Medium Enterprises and provides that a buyer can also raise counter claims before the statutory arbitrator under the MSMED Act. Moreover, the scope of the Act as stated therein is to the extent that even if there is an agreement for arbitration between the parties, the MSMED Act will have overriding effect.
Intention of parties can be construed from the correspondence exchanged between them: Delhi HC appoints Justice A.K. Sikri (Retd.) as a Sole Arbitrator
The Court opined that all nine contracts are related to same project and if it is accepted that there is an Arbitration Clause only in five contracts, then parties will have to be relegated to civil proceedings, which will lead to multiplicity of disputes, delay in adjudication and possibility of conflicting rulings.
Appointment of an Arbitrator from a narrow panel is violative of S. 12(5) of Arbitration Act: Bombay High Court
The vesting of the power for the confirmation of the nomination of arbitrators in the General Manager of the employer, runs contrary to the principle of impartiality and independence of the arbitration process.
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’
Delhi High Court refers dispute to Arbitration after finding service by email and WhatsApp sufficient
“The notice invoking arbitration sent to the same address was reported to have been delivered, but in the Speed Post report, by which the petition was sent to the address, it is stated that no such person is available at the address.”
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”.
An Edge of the Institution Over Ad hoc Arbitration
by Justice Hemant Gupta (Retd.)*
Cite as: 2024 SCC OnLine Blog Exp 28
Enforcement of foreign awards may be refused for bias only in exceptional circumstances: Supreme Court
Supreme Court upheld the High Court’s decision and emphasised the need for early enforcement of the foreign award by the competent forum.
Interim Reliefs in Arbitration: Emerging Judicial Trends in India
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2024 SCC OnLine Blog Exp 24
Reference to a document in contract should show intention to incorporate arbitration clause: Supreme Court reiterates
Supreme Court concluded that the instant matter was not one of ‘incorporation’ but a case of ‘reference’ and clarified that a general reference would not have the effect of incorporating arbitration clause.
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.”
Live | Second Edition of Delhi Arbitration Weekend 2024 (06 -10 March, 2024)
DAW 2024 comprises of focused sessions, curated to serve the need for discussion on the most pertinent themes in arbitration today, such as biases in arbitration, joinder of non-signatories in arbitration, Investor State Dispute Settlement mechanisms in light of today’s economic challenges, interplay of technology and arbitration, amongst others.
‘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.
Delhi High Court holds NHPC entitlement as decree enforceable in law; Grants execution of arbitral award
If the part of an Award proposed to be annulled is independent, stands unattached to the other part and can be validly incised, the partial setting aside would be valid and justified. The same also applies to execution proceedings.
Special laws override general laws| Consumer Forums must adhere to Arbitration mandate under Multi-State Co-operative Societies Act: Calcutta High Court
Calcutta High Court noted that specific provision under Section 84 of the Multi-State Co-operative Societies Act, 2002 mandates arbitration for disputes involving members and the society.
Punjab and Haryana High Court deprecates frivolous contest by State instrumentalities over appointment of arbitrators
Punjab and Haryana High Court commented that “Such an approach would defeat the intent and objective behind the incorporation of the Act of 1996, which provides for a speedy and efficacious resolution of disputes.”
Essar Case | Supreme Court allows ArcelorMittal Nippon Steel – Indian Oil to appoint arbitrators
Supreme Court set aside the Delhi High Court’s decision rejecting IOCL’s plea seeking appointment of an arbitral tribunal to settle claims.
‘Limitation period for arbitration to be decided by Arbitral Tribunal while passing order u/s 20 of A&C Act’; Telangana HC appoints nominee arbitrator u/s 11(6)
“It is a well-settled law that while deciding the question of appointment of arbitrator, the Court shall not touch the merits of the case as it may cause prejudice to the case of the parties.”
Delhi High Court grants anti-arbitration injunction in an international commercial arbitration
“It needs no re-articulation that one of the cardinal principles of arbitration is, that since arbitration is a remedy that is founded on consent of parties, the agreed procedure for appointment of an arbitrator must be scrupulously followed. However, the same is not done in the present case.”