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