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Calcutta HC: All Unilateral Appointments are not Invalid unless the Appointed Arbitrator Falls Within the 7th Schedule
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 unilateral appointment of an arbitrator and a...
The ad hoc Employee’s Claim for Permanency
The Delhi High Court has epitomized, yet again, that an employee is not entitled to seek permanency or regularization even if he had continued ad hoc basis for decades. Previously, in 2011, the Delhi High Court invited people for the positions of system officer and...
Delhi HC holds that rewriting of a contract is impermissible in law, unless it is consensus ad idem.
The Delhi High Court in Calcom Cement India Ltd. v. Binod Kumar Bawri held the Arbitral Award to be patently illegal within Section 34(2A) of the Arbitration and Conciliation Act, 1996 and stated that where the parties agree to enter into a mutual consultation in the...
An allegation of bias cannot be raised as a ground to seek the substitution of an Arbitrator under Section 29A: Kerala HC
In Flemingo Duty Free Shop Pvt. Ltd. v. Airports Authority of India[1], the Kerala HC has held that an allegation of bias cannot be raised as a ground to seek the substitution of an Arbitrator under Section 29A of the Arbitration and Conciliation Act, 1996. There is...