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Gujarat High Court Invalidates Arbitral Awards Due To Unilateral Arbitrator Appointment By NBFCs
In a pivotal ruling, the Gujarat High Court has quashed and nullified three arbitral awards where non-banking financial companies (NBFCs) unilaterally appointed sole arbitrators. The court’s decision was in line with the Apex Court’s stance on Section...
Practice of Severability in Arbitral Disputes: Arbitral Award can be set aside if it suffers from illegalities: Delhi High Court
Practice of Severability in Arbitral Disputes Arbitral Award can be set aside if it suffers from illegalities: Delhi High Court In the case of National Highways Authority of India V. Trichy Thanjavur Expressway Limited, an essential question of severability was...
Delhi HC: Non-consideration of a contract clause cannot be said to be opposed to the fundamental policy of Indian law
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,...
Calcutta HC lays light on the conundrum of the Sole Arbitrator
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...