Calcutta High Court | Conduct of Parties – not a substitute for an arbitration agreement
Calcutta High Court: While deciding a review petition, Debangsu Basak, J. held that the court while exercising powers under Section
Arbitrator
If arbitrator’s son was married to niece of one of parties, would that be described as a close family relationship resulting in ineligibility of Arbitrator by virtue of S. 12(5) of the A&C Act? Del HC examines
Delhi High Court: While addressing the ineligibility of an arbitrator to be appointed, Vibhu Bhakru, J., elaborated on the expression ‘close family
Ori HC | It is only when a purchase order is placed that a ‘contract’ would be entered into and only then arbitration clause would become part thereof
Orissa High Court: S. Muralidhar, CJ. dismissed the petition, declined the appointment of arbitrator and left it open to the petitioners to
Scope of examination under S. 11 of A&C Act is confined to existence of arbitration agreement or does it extend to adjudicating nature of contract as well? Del HC addresses
Delhi High Court: Vibhu Bakhru, J., held that whether claims are barred by limitation is a mixed question of fact and law
Mere use of the word ‘Arbitration’ in the heading of an Agreement would mean existence of an arbitration agreement? Del HC elaborates
Delhi High Court: Mukta Gupta, J., decided that mere use of word ‘Arbitration’ in the heading of an Agreement would not mean
Unilateral Appointment of Arbitrators: A Discussion
by Shamik Sanjanwala*
Del HC dismisses appeal filed by Indiabulls Housing Finance in Zee Entertainment – Sony Pictures Scheme of Arrangement
Delhi High Court: Suresh Kumar Kait, J., addressed an appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 against the
The Indian Supreme Court in Ellora Paper Mills: Hindsight is 20/15?
by Shalaka Patil† and Amoga Krishnan††
Cite as: 2022 SCC OnLine Blog Exp 16
Bombay HC rejects argument that a dispute cannot be referred for arbitration on account of fraud: Read why
Bombay High Court: B.P. Colabawalla, J., addressed an arbitration application filed under Section 11 of the Arbitration and Conciliation Act, 1996. Instant
Is Arbitration Tribunal empowered to award compound interest? Supreme Court Answers
Supreme Court: The 3-judge Bench comprising of N.V. Ramana, CJ., A.S. Bopanna and Hima Kohli*, JJ., held that Arbitral Tribunal is empowered
Explained| Can An Award Be Remitted To The Arbitrator In Absence Of Findings On The Contentious Issues?
Supreme Court: Explaining the provision of remission under Section 34 (4) of the Arbitration and Conciliation Act, 1996, the bench of R.
If arbitrator becomes functus officio, can provisions under Ss. 14 and 15 of the A&C Act to appoint substitute arbitrator be invoked? Allahabad HC decides
Allahabad High Court: Noting the significance of Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, Jayant Banerji, J., expressed
Explained| Can arbitrator grant pendente lite interest if contract expressly bars payment of interest?
Supreme Court: The bench of SA Nazeer* and Krishna Murari, JJ has held that if the contract contains a specific clause which
ICADR Rules regarding procedure come into play only after arbitration commences before appropriate jurisdiction of law: Del HC summarises law on seat, venue of arbitration
Delhi High Court: While observing that the role of ICADR Rules shall come into play with regard to the procedure to be
Can an officer of the department, appointed as sole arbitrator, continue the arbitration proceedings after his retirement? SC answers
Supreme Court: The bench of MR Shah* and AS Bopanna, JJ has held that once an officer of the department is appointed
Chairman of party who entered into arbitration, can he be categorised as eligible under Arbitration and Conciliation Act? SC highlights impartiality of arbitrators as a key element while pronouncing this ruling
Supreme Court: Expressing on the aspect of independence and impartiality of the arbitrators, Division Bench of M.R. Shah and Aniruddha Bose, JJ.,
Del HC | Whether once a bench of SC has doubted correctness of an earlier bench of co-equal strength, and referred the issue to a larger bench, Courts lower in hierarchy should continue to follow earlier decision – Is it debatable?
Delhi High Court: C. Hari Shankar, J. observed that, The question of whether, once a bench of the Supreme Court has doubted
Arbitrator cannot rewrite contract for parties; Arbitral award based on no evidence or in ignorance of vital evidence comes in realm of patent illegality: SC
Supreme Court: A Division Bench comprising of R.F. Nariman and B.R. Gavai, JJ. held that an arbitral award which is based on