Arbitrator Archives | Page 2 of 4

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

Case Briefs Supreme Court

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

Case Briefs Supreme Court

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.

Case Briefs High Courts

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

Case Briefs Supreme Court

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

Case Briefs High Courts

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

Case Briefs Supreme Court

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

Case Briefs Supreme Court

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.,

Case Briefs High Courts

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

Op Eds OP. ED.

Grant of Escalation Charges by Arbitrator: Navigating Beyond the Realms of Contract

by Abhishek Goyal†

Case Briefs Supreme Court

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

Case Briefs Supreme Court

Can Courts modify Arbitral Awards under S. 34 of Arbitration Act or is power limited? SC decides

Supreme Court: The Division Bench of R.F. Nariman and B.R. Gavai, JJ., while addressing a significant and interesting question of law expressed

Alternate Dispute Resolution Case Briefs High Courts

Del HC | Are trademark disputes arbitrable? Court interprets S. 8 of Arbitration Act; differentiates between rights emanating from Trademark Act and Trademark Agreement

Delhi High Court: Jayant Nath, J., observed that the assignment of the trademark is by a contract and not by a statutory

Case Briefs High Courts

Del HC adverts to scope of judicial review of an arbitral award; Wades through bunch of pleas including violation of Part 1, CPC and insurance against breakage during transit, etc.

Delhi High Court: V. Kameswar Rao, J., refused to interfere with the award passed by the Arbitrator and dismissed a petition filed under

Alternate Dispute Resolution Case Briefs High Courts

Del HC | Can sole arbitrator’s appointment be disputed if he was consultant/advisor to one of the parties to dispute? Court examines

Delhi High Court: J.R. Midha, J., in view of serious doubts on the independence of sole arbitrator as named in the arbitration

Op Eds OP. ED.

Removal of Arbitrator under Section 11 of the Arbitration & Conciliation Act, 1996 — A Welcome Step | Oyo Hotels & Homes (P) Ltd. v. Rajan Tewari : A case comment

by Saurabh Seth*

Case Briefs High Courts

Del HC | Whether disability of an appointing authority to appoint an arbitrator frustrate the arbitration agreement. HC unravels in light of Arbitration and Conciliation (Amendment) Act, 2015

Delhi High Court: Vibhu Bakhru, J., while addressing the matter in respect to the invocation of an arbitration clause expressed that: “…the

Case Briefs Supreme Court

Where one party habitually resides in a foreign country, arbitration becomes an international commercial arbitration even when the business is being carried through an office in India: SC

Supreme Court: The Division Bench of R.F. Nariman* and B.R. Gavai, JJ., addressed an important case regarding nature of arbitration under Arbitration

Case Briefs Supreme Court

Limitation for challenging arbitral award can only commence from date of receipt of signed copy and not from the receipt of draft: Supreme Court

Supreme Court: The bench of Indu Malhotra* and Ajay Rastogi, JJ was posed with the question as to whether the period of

Op Eds OP. ED.

Applicability of the Law of Limitation to Arbitration Proceedings

by Gunjan Chhabra†