Section 9 Archives

Invocation of power of Judicial review in proceedings under S. 9 of Arbitration Act would run afoul to principle that merits of termination of contract must essentially be determined by Arbitral Tribunal: Delhi HC

The Court also upheld the validity of the termination notice issued by the NHIDCL and refused to interfere with its actions against the construction company.

Case Briefs High Courts

Delhi High Court denies injunction under S. 9 of A&C Act as it will delay the strengthening and overlaying of NH-48 initiated by NHAI

Sections 20-A and 41(ha) of the Specific Relief Act, 1963 expresses the legislative intent to not grant injunctions relating to infrastructure projects where delay may be caused by such an injunction. Thus, the role of Courts in this exercise is to interfere to the minimum extent so that public work projects are not impeded or stalled.

Case Briefs High Courts

Delhi High Court applies the rule of ‘contra proferentem’ to uphold the arbitral award not being hit by ‘patent illegality’

The ground of Patent illegality gives way to setting aside an Arbitral Award with a very minimal scope of intervention. A party cannot simply raise an objection on the ground of patent illegality if the Award is simply against them. Patent illegality requires a distinct transgression of law, the clear lack of which thereof makes the petition simply a pointless effort of objection towards an Award made by a competent Arbitral Tribunal.

Case Briefs High Courts

Section 9 of the Arbitration and Conciliation Act, 1996 does not permit passing of an order in the nature of a permanent measure; Delhi High Court denies permanent injunction under Section 9

The Delhi High Court denied permanent injunction under Section 9 of the Arbitration and Conciliation Act, 1996 (Act) and held that Section 9 did not permit passing of an order in the nature of a permanent measure.

Cyril Amarchand Mangaldas Experts Corner

Recent Arbitration Judgments Involving Construction Disputes

by Shalaka Patil† and Rahul Mantri††
Cite as: 2021 SCC OnLine Blog Exp 65