10 Important Arbitration Judgments of 2023
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2023 SCC OnLine Blog Exp 89
Arbitration
Declaration of status or right/title to property is a relief in personam and is arbitrable: Delhi High Court
“Only when the subject matter of the dispute relates to actions in rem, that do not relate to subordinate rights in personam arising from rights in rem, the subject matter will be non-arbitrable.”
Bombay High Court | One Partner cannot refer a dispute to arbitration in the absence of the other Partners joining
The objection raised was on the ground that, although the applicants and respondent 2 formed a partnership to enter into the investment agreement with respondent 1, the notice invoking arbitration was issued only on behalf of the applicants and that respondent 2, despite being a partner, did not join in issuing the invocation notice.
[S. 37 Arbitration Act] GNCTD to pay costs to Educomp Solutions; Delhi High Court upholds order
In 2001, the appellant, Director of Education under the aegis of the Directorate of Education created by the Government of NCT of Delhi, floated a tender for the implementation of the Computer Education Project (“CEP-II”) for various government/ government aided Senior Secondary Schools, and Educomp Solutions a provider of technology-based educational products and services was awarded the contract.
High Court of Justice upholds challenge to arbitral award of 11 billion USD against Nigeria vis-à-vis Gas Supply and Processing Agreement
The Court termed this case to be highly unusual one that draws attention to matters of wider importance and touches the reputation of arbitration as a dispute resolution process.
Section 43(4) of Arbitration and Conciliation Act, 1996 does not create new window after expiry of limitation: Calcutta High Court
“The limitation for filing an application will start to run from the day when the cause of action accrues regardless of the existence of an arbitration clause.”
Supreme Court Roundup November 2023| Streamlining Adoption Process; RSS Route March; Scheduled Offences in PMLA; Personal Guarantors in IBC; Electoral bonds and more
The festive month of November revolved around some of the major matters before the Supreme Court. The Top Court gave guidelines for streamlining adoption process and expeditious disposal of criminal cases. The roundup covers the top stories for the month along with the segment of Never Reported Judgments and Know Thy Judge.
[Live Report] 6th ICC India Arbitration Day [2nd December, 2023]
The International Chamber of Commerce is organizing 6th ICC India Arbitration Day on 2-12-2023 while celebrating the Centenary of the ICC International
SCL | 4th Biennial International Conference [8-10th December, 2023]
The 4th edition of the conference will be held in New Delhi from 8th to 10th December, 2023
Delhi High Court refuses interim relief to ArcelorMittal Nippon Steel seeking supply of LNG from GAIL in November 2023
The procurement of LNG may become onerous as had happened in August and December 2022 but no irreparable loss and injury would result to the ArcelorMittal Nippon Steel.
Delhi High Court sets aside direction furnishing bank guarantee being violative of principles underlying Order 38 Rule 5 CPC
Whilst the court is not unduly bound by the texts or Order XXXVIII Rule 1 and 2 or Order XXXVIII Rule (5) or any other provisions of CPC, the substantial principles for grant of such interim measures cannot be disregarded.
Supreme Court stays Calcutta HC order which restricted application filed under S.29A(4) of Arbitration Act after expiry of term of the Tribunal
Supreme Court issued notice in the present SLP and tagged it with SLP titled Rohan Builders (India) Pvt. Ltd. vs. Berger Paints India Ltd.
Credible evidence is must to substantiate claim of loss of profitability; SC sets aside arbitral award in conflict with ‘public policy of India’
“The credibility of the evidence is the evidence of the credibility of claim for loss of profit”.
Competence-Competence Doctrine in Indian Arbitration Law Jurisprudence: An In-Depth Analysis
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2023 SCC OnLine Blog Exp 79
Party given an option to choose from list of five arbitrators, shows panel is not broad based: Delhi High Court
“The Court failed to appreciate as to how the position, where not only does the respondent had the power to unilaterally appoint two out of the three arbitrators and compelled the petitioner to choose one of the panels of five arbitrators can be said to meet the test of ‘counter balancing’.”
7-Judge Bench of Supreme Court all set to reconsider whether unstamped arbitration agreements are valid in law
Having regard to larger ramifications of NN Global case, the Supreme Court viewed that proceedings should be placed before a seven-judge bench to reconsider the correctness of the view by a five-judge bench.
MCIA to conduct Tribunal Secretary Training Program 2023 in Delhi and Mumbai
The Mumbai Centre for International Arbitration is going to conduct Tribunal Secretary Training Program 2023 at Mumbai and Delhi.
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”
Accrual of cause of action at a place for pursuing substantive legal action, not a consideration for determining territorial jurisdiction u/s 11 of A&C Act, 1996: Delhi High Court
“As per Clause 31.16 of Letter of Intent between parties, place of arbitration was Faridabad (Haryana), which will be chosen as the seat, since seat has not been separately named and there are no other contrary indicia to show that place of arbitration is not intended to be seat of arbitration.”
Time to change from Ad hocism to Institutional Arbitration, says Justice Hemant Gupta at IIAC’s conference on Institutional Arbitration
Attorney General for India makes an announcement for creating the All-India Arbitration Bar.