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Finality of Section 11 Orders in Arbitration: Powers, Procedures and Judicial Review – A Legal Analysis of the Hindustan Construction Company Case.
The Arbitration and Conciliation Act, 1996 (“the Act”) is built upon the foundation of party autonomy and minimal judicial intervention. Section 11 of the Act plays a pivotal role in ensuring that arbitration commences efficiently when the parties fail to appoint an...
Supreme Court: Arbitrator’s Power Under Section 32(2)(c) Can Be Exercised Only If Continuation Of Proceedings Has Become Unnecessary Or Impossible
The Supreme Court bench of Justice Abhay S. Oka and Justice Pankaj Mithal held that the power under Section 32(2)(c) of the Arbitration and Conciliation Act, 1996 can be exercised only if, for some reason, the continuation of proceedings has become unnecessary or...
Delhi HC: Proper Recourse Against Arbitral Proceeding Under MSMED Act Is Application u/s 18(3) Of MSMED Act Or u/s 16 Of Arbitration Act
The Delhi High Court division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora held that the proper recourse against proceedings under the MSMED Act is to file an application under Section 18(3) of the MSMED Act or Section 16 of the...
Bombay High Court: Absence Of Specific Prayer For Impleadment Of Non-Signatory Doesn’t Preclude Arbitral Tribunal From Applying GOC
The Bombay High Court held that the arbitral tribunal has the power to decide whether the non-signatory is bound by the Arbitration Agreement and to implead the non-signatory. The Court held that the absence of a specific prayer for the impleadment of a non-signatory...