There is a difference between an award which is executable as decree and award which is required to be made a Rule of Court. An award made under Arbitration and Conciliation Act […]
Sri K. Marappan (D) through Sole LR. Balasubramanian Vs. The Superintending Engineer, T.B.P.H.L.C., Circle Anantapur
Arbitration Act, 1940 – The arbitrator has the power to award interest pendente lite – Supreme court of India – March 27, 2019
INDIAN OIL CORPORATION LTD. Vs. INDIAN CARBON LTD
That the arbitrator is not required to give detailed judgement for his award – Recording of short intelligible indications of the grounds speaking the mind of arbitrator held to be sufficient compliance. […]
How to write an Arbitration Award
The arbitrator is not required to give a detailed judgment as courts give and is only to indicate his mind as to how he has arrived at the decision in the award. […]
United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958)
New York Convention Article I 1. This Convention shall apply to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where the recognition […]
Whether Chief Justice or his designate under Section 11(6) of Arbitration and Conciliation Act is a “court”
Neither the Chief Justice nor his designate under Section 11(6) is a “court” as contemplated under the Act AIR 2006 SC 3456 : (2006) 11 SCC 651 : JT 2006 (5) SC […]
The Arbitration and Conciliation Act, 1996
EDITION 2018 Preliminary Part 1 – Arbitration Chapter I – General provisions Chapter II – Arbitration agreement Chapter III – Composition of arbitral tribunal Chapter IV – Jurisdiction of arbitral tribunals Chapter V […]
Introduction to the Indian Law of Arbitration and Conciliation Act 1996
Arbitration is a mechanism or a method of resolution of disputes that unlike court takes place in private, pursuant to agreement between the parties. The parties agree to be bound by the […]
Setting aside an Arbitral Award in India
The Arbitration and Conciliation Act, 1996 34. Application for setting aside arbitral award. (1)Recourse to a Court against an arbitral award may be made only by an application for setting aside such […]
A Civil Court examining the validity of an arbitral award under Section 34 of the AC Act exercises supervisory and not appellate jurisdiction over the awards of an arbitral tribunal.
A Civil Court examining the validity of an arbitral award under Section 34 of the Act exercises supervisory and not appellate jurisdiction over the awards of an arbitral tribunal. A court can […]
Whether the reference to ADR Process is mandatory Under Section 89 of Code [CPC]
Section 89 starts with the words “where it appears to the court that there exist elements of a settlement”. This clearly shows that cases which are not suited for ADR process should not be […]
Purushottam S/o. Tulsiram Badwaik Vs. Anil & Ors.[ALL SC 2018 MAY]
KEYWORDS:- Arbitration Agreement- DATE:- May 2, 2018 The validity of an arbitration agreement does not depend on the number of arbitrators specified therein. The number of arbitrators is dealt with separately in Section 10 […]
Conduct of arbitral proceeding in India
UNDER ARBITRATION AND CONCILIATION ACT 1996 [SECTION 18 TO 27] GO TO THE MAIN PAGE 18. Equal treatment of parties. The parties shall be treated with equality and each party shall be given […]
M/s. Indian Farmers Fertilizer Co-Operative Ltd. Vs. M/s. Bhadra Products [SC 2018 January]
KEYWORDS:-ARBITRATION-Interim award-jurisdiction- Error of Law- Error of jurisdiction- DATE:- January 23, 2018- Interim award can be set aside under Section 34 of the Arbitration and Conciliation Act, 1996 The award dated 23rd July, […]
Maharashtra State Electricity Distribution Company Ltd. Vs. M/s. Datar Switchgear Ltd. & Ors.[SC 2018 JANUARY]
KEYWORDS:- Constitution of an Arbitral Tribunal-DELAY- DATE: JANUARY 18, 2018- Arbitration petition filed under Section 34 of the Act was sought to be amended after a delay of eight years. Further, the amendment […]
M/s. Inox Wind Ltd. Vs. M/s. Thermocables Ltd [SC 2018 January]
KEYWORDS:-APPOINTMENT OF ARBITRATOR-STANDARD FORM OF CONTRACT- DATE:-January 05, 2018- Though general reference to an earlier contract is not sufficient for incorporation of an arbitration clause in the later contract, a general reference […]
Union of India Vs. M/s. Susaka Pvt. Ltd. & Ors.[ SC 2017 DECEMBER]
KEYWORDS:- Jurisdiction of the Arbitral Tribunal- December 08, 2017- It is a well-settled principle in Arbitration Law that the award of an Arbitral Tribunal once passed is binding on the parties. The […]
Venture Global Engineering LLC Vs. Tech Mahindra Ltd. & ANR Etc[SC 2017]
KEYWORDS:-Issue estoppel-public policy and fraud-doctrine of “alter ego of the Company SUPREME COURT OF INDIA [Civil Appeal Nos. 17753-17755 of 2017 arising out of SLP (C) No(S). 29747-29749 of 2013] [Civil Appeal Nos. […]
