An Arbitral Tribunal has the Inherent Power to Recall Its Order of Termination in the Event of Default in Filing the Statement of Claim under Section 25(A) of the Arbitration and Conciliation Act, 1996

Mini Summary Appeal to the Supreme Court arose against the order of the High Court which had held that the Arbitral Tribunal can recall its own order given under Section 25(a) of the Arbitration and Conciliation Act 1996,-The Arbitral Tribunal had terminated the Arbitration proceedings after the Claimant failed to submit the Statement of Claim… Read More An Arbitral Tribunal has the Inherent Power to Recall Its Order of Termination in the Event of Default in Filing the Statement of Claim under Section 25(A) of the Arbitration and Conciliation Act, 1996

Arbitrability of dispute cannot be considered in appeal if not raised at earlier stage

Summary In the recent judgment of Chitaranjan Maity v Union of India, the Hon’ble Supreme Court of India dealt with the issue of whether the arbitrability of a dispute can be considered for the first time in an appeal, the Supreme Court relied upon its previous decisions and held that a question of jurisdiction is… Read More Arbitrability of dispute cannot be considered in appeal if not raised at earlier stage

Tribunal can now file contempt in relevant court against parties violating its orders

News Update Appeal to the Hon’ble Supreme Court arose from the judgment of the Bombay High Court dated 27 October, 2015 where the issue was that the Hon’ble Bombay High Court had construed section 27(5) of the Arbitration and Conciliation Act, 1996, in a restrictive manner. In the present case, the interim order of the… Read More Tribunal can now file contempt in relevant court against parties violating its orders

Mandatory To Raise An Application Under Section 8 Of The Act In Front Of A Judicial Authority Only And To Be Analysed In View Of Existence Of A Dispute.

Mini Summary– Application under Section 8 of the Arbitration and Conciliation Act, 1996- For referring disputes raised in the plaint to arbitration- discussion as to who is a judicial authority under Section 8- also discussed what constitutes a dispute. News Update: An application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred… Read More Mandatory To Raise An Application Under Section 8 Of The Act In Front Of A Judicial Authority Only And To Be Analysed In View Of Existence Of A Dispute.

Builders Cannot Force Homebuyers To Go For Arbitration In Case Of A Dispute Despite The Presence Of A Valid Arbitration Clause In The Agreement.

Mini Summary– Application and reference to a larger bench of the National Consumer Disputes Redressal Commission (hereinafter referred to as  NCDRC) was triggered by the amendment to Sub-Section (1) of Section 8 of the Arbitration of Conciliation Act 1996 — Issue was whether the Consumer Courts will have jurisdiction in view of a valid arbitration… Read More Builders Cannot Force Homebuyers To Go For Arbitration In Case Of A Dispute Despite The Presence Of A Valid Arbitration Clause In The Agreement.

Arbitral Tribunal does not have the power to pierce the Corporate Veil, so as to bind a non-signatory party to the Arbitration Agreement

Mini Summary- Petition under Section 34 of the Arbitration Act and Conciliation Act, 1996 – For setting aside arbitral award given by sole arbitrator- It was held that the Arbitral Tribunal cannot pierce the Corporate Veil in order to bind a non-signatory party to the Arbitration Agreement. News Update: In the recent case of ‘Sudhir… Read More Arbitral Tribunal does not have the power to pierce the Corporate Veil, so as to bind a non-signatory party to the Arbitration Agreement

Court’s power to terminate the mandate of an acting arbitrator

01/06/2017 Delhi High Court in its recent judgment upheld that the court has power to terminate mandate of arbitrators, if the arbitrator persists to act despite of disqualification under section 14 of the Arbitration and Conciliation Act, 1996. The Hon’ble Delhi High Court in West Haryana Highways Project Pvt. Ltd. v National Highways Authority of India LNIND 2017… Read More Court’s power to terminate the mandate of an acting arbitrator

Appeals to lie under the un-amended Arbitration Act

19/04/2017 Issue related to ‘automatic stay’ that has been done away with in the amended Arbitration and Conciliation Act, 1996 (mainly for sections 34 and 36) will be applicable on an Award passed prior to 23 October, 2015. The Delhi High Court has observed the application of the amended provisions of the Arbitration and Conciliation… Read More Appeals to lie under the un-amended Arbitration Act