Tribunal Monthly Roundup July 2023 | Top Stories on Illegal Sand Mining on Yamuna Bank; Mumbai Floods 2005; Tata Power; and more
A quick legal roundup to cover important stories from Tribunals, Regulatory Bodies, Commissions this month
Arbitration
[S. 34 Arbitration Act] Delhi High Court sets aside arbitral award for being perverse and ex-facie arbitrary
The present case is an example where substantial liability has sought to be fastened on one of the contracting parties based on specious paper calculations. It cannot be overemphasized that arbitral tribunals must exercise due care and caution while dealing with such claims.
HIGH COURTS JULY 2023 WEEKLY ROUNDUP| Stories on Srikant Tyagi; West Bengal Panchayat Election; Telangana Eunuchs Act; and more
A quick legal roundup to cover important stories from all High Courts this week.
Delhi High Court | Non-consideration of a clause in a concession agreement not an error that goes into the root of the award; cannot amount to patent illegality
The concession agreement is neither a statute, nor is it a law which protects the national interests of this nation and a mere failure of the arbitral tribunal to consider an argument on the same would not render the arbitral award in contravention of the fundamental policy of Indian law.
Calcutta High Court resolves ‘Seat’ versus ‘Venue’ enigma when agreement confers ‘exclusive jurisdiction’ upon a court other than venue
Calcutta High Court dismissed the present petition on the grounds of lack of jurisdiction.
Arbitrator’s view is ultimate, not to be interfered with by Courts, unless arbitration agreement evidently absent: Calcutta High Court
Calcutta High Court held that Court should not substitute its own view, replacing that of the arbitrator, unless it is manifestly evident that there existed no agreement.
SEBI introduces new Alternative Dispute Resolution Mechanism vide ADR Amendment Regulations 2023
On 3-7-2023, the Securities and Exchange Board of India (‘SEBI’) notified the Securities and Exchange Board of India (Alternative Dispute Resolution Mechanism) (Amendment) Regulations, 2023
Delhi High Court sets aside arbitral award passed by Arbitrator having de jure inability to pass the award
The ineligibility of an Arbitrator goes to the root of his jurisdiction and the Arbitral Award cannot be considered as valid.
Arbitration Clause in a contract will perish with its novation: Delhi High Court
Where parties decide to put an end to the original contract as if it never existed and substituted a new contract with it, then in such a situation the original contract is extinguished by the substituted one and the arbitration clause of the original one perishes with it.
Whether contracts entered in name of President are immune from provisions protecting against conflict of interest of a party to contract? Supreme Court answers
Supreme Court refused to give effect to the appointment of an officer of the Ministry of Law and Justice as an arbitrator.
ONGC organises Interactive Legal Workshop on “Mediation & Conciliation as ADR: PSUs Perspective”
Corporate Legal Services team of Oil and Natural Gas Corporation (‘ONGC’) organised a legal workshop on “Mediation & Conciliation as ADR: PSUs
46th Chief Justice of Bombay High Court, Justice Ramesh Deokinandan Dhanuka, retires after a very brief tenure of 3 days
Justice R.D. Dhanuka, whose appointment as the Chief Justice of Bombay High Court was notified on 26-05-2023, retires today after a very short tenure of 3 days!
“Time to change old perception and lead IIAC arbitration process to new heights”: Justice Hemant Gupta at Indian Arbitration Leadership Roundtable
The Indian Arbitration Leadership Roundtable organized by the India International Arbitration Centre (IIAC) witnessed in-depth discussion over various important facets of Institutional Arbitration.
Seeking appointment of Arbitrator beyond three years is barred by limitation: Supreme Court reiterates
Supreme Court said that whether any particular facts constitute a cause of action has to be determined with reference to the facts of each case and with reference to the substance, rather than the form of the action. If an infringement of a right happens at a particular time, the whole cause of action will be said to have arisen then and there.
SC refuses to interfere with Delhi HC decision affirming Dart Properties right to walk, take over, run cinema hall as Reliance Mediaworks subsidiary CVPL defaults Rs 50 Lakhs payment
The impugned judgment was based on an undertaking agreed between the parties wherein Cinema Ventures were to pay the default amount, failing which the right to walk, take over and run the cinema hall will be owned by Dart Properties Private Limited.
Supplier can refer to MSME Facilitation Council for adjudication despite post-contract MSME registration: Calcutta High Court
“The MSMED Act of 2006 is a special statute as it was specifically enacted for facilitating the promotion and development of micro, small and medium Enterprises and enhancing their competitiveness.”
Allegation of Forgery/Fraud inter partes does not render dispute non-arbitrable; Calcutta High Court appoints sole arbitrator
The Court opined that the mere potential or presence of criminal proceedings deriving from the same circumstances would not exclude the issue from being resolved through arbitration.
Delhi High Court dismisses petition under S. 11 Arbitration Act in view of moratorium imposed on parent company
Delhi High Court granted liberty to the petitioner to file a fresh legal action for the same relief once the moratorium is lifted or varied.
[Gas Migration Dispute] Reliance had limited role to ‘explore’ and ‘extract’ natural gas as a licensee only; Delhi High Court upholds arbitral award in favour of Reliance Industries
Delhi High Court observed that in the present case, the natural resource viz. natural gas was neither ‘bought’ nor ‘sold’ as between Reliance and the Ministry; thus, the public trust doctrine was not contravened.