by Anju Bhattacharya | Jul 31, 2023 | Arbitration
The Delhi High Court has held that non-consideration of a clause of a contract cannot be said to be an error made by the Arbitral Tribunal which is opposed to the fundamental policy of Indian law. The Bench noted that the concession agreement was neither a statute,...by Anju Bhattacharya | May 31, 2023 | Arbitration
The Calcutta HC has held that all unilateral appointments of arbitrators are not invalid unless it falls under the Seventh Schedule. In the present matter, Justice Bhattacharya differentiated between a clause that permits the unilateral appointment of an arbitrator...by Anju Bhattacharya | Dec 11, 2022 | Arbitration, Law
The Delhi High Court recently laid down a judgment which clarified many points on Section 12 of the Arbitration and Conciliation Act, 1996 (A & C Act). In Ram Kumar & Anr. v. Shriram Transport Finance Co. Ltd., an appeal was filed under Section 37 of impugning...by Anju Bhattacharya | Nov 24, 2022 | Arbitration
The Delhi HC has reiterated that arbitration proceedings and proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 (SARFAESI Act) can go hand in hand. It held that even prior arbitration proceedings...by Anju Bhattacharya | Nov 20, 2022 | Arbitration, Law
The Supreme Court has re-iterated that Execution Petitions must be disposed off within six months. If courts are unable to do so, they must record reasons behind it. In Bhoj Raj Garg v. Goyal Education and Welfare Society and Ors., the Petitioner approached the Apex...by Anju Bhattacharya | Oct 30, 2022 | Arbitration
The Supreme Court held that the arbitrator has the discretion to award post-award interest on a part of the sum. The issue was whether the arbitrator has the discretion to grant post-award interest only on the principal sum under Section 31(7)(b) of the Arbitration...
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