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Power of Review
The general law relating to arbitration is contained in the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) which is...
Supreme Court Affirms Uttarakhand HC Judgment On Regularisation Of UNPL Workers and Payment of Minimum Wages on the principle of Equal Pay for Equal Work
The Supreme Court recently upheld the 2018 judgment passed by the Uttarakhand High Court which directed that the Uttarakhand Purva Sainik Kalyan...
Delhi High Court: Three-Arbitrator Tribunal To Become Sole Arbitrator Tribunal On Failure Of Party To Appoint Its Arbitrator
The Delhi High Court has resolved to examine an arbitration clause in the General Conditions of Contract (GCC), if the same is affected by the line...
Gauhati High Court: Voluntary Resignation Results In Forfeiture Of Past Service, Employee Not Entitled To Pension Benefits
A single judge bench of the Gauhati High Court, while deciding writ petition held that an employee is not entitled to pensionary benefits if they...
Supreme Court: Impermissible For Arbitral Tribunal Or Courts To Grant Interest Upon Interest
The Supreme Court held that an Arbitral Tribunal is not empowered to grant interest upon interest while passing an arbitral award as the Arbitration...
Delhi HC: Aggrieved Third Party Beneficiaries Of Domain Names Cannot Challenge Arbitration Award U/s 34 Of Arbitration Act
The Delhi High Court single bench ofJustice Pratibha M. Singh held that only parties to an arbitration agreement can challenge the award under...
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...
Supreme Court: Court Doesn’t Sit In Appeal Over Arbitral Tribunal’s Interpretation Of Contract
The Supreme Court held that it is for the Arbitral Tribunal to adjudicate upon the construction of the terms of a contract and the Court under...
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...
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...
Delhi HC: Fraud Regarding Internal Management Of Company Doesn’t Go To Root Of Contract, Dispute Is Arbitrable
The Delhi High Court single bench of Justice Jasmeet Singh held that fraud alleging regarding the internal management of the company doesn't go to...
Delhi HC: Requirement Of Pre-litigation Mediation Under Section 12-A Of Commercial Courts Act Is Mandatory
he Delhi High Court bench comprising Justice Prateek Jalan held that the requirement of pre-litigation meditation under Section 12-A of the...
Delhi HC: Only Supplier can approach Facilitation Council for the recovery of dues.
Usually, the supplier approaches judicial forumto seek relief under the Micro Small and Medium Enterprises Development Act, 2006 (hereinafter the...
Can maintenance be provided to husbands?
Women receive maintenance from husbands in a decree of divorce as interim maintenance or as a final lumpsum amount. The question which arises here...
Limitation Period For Appointment Of A Substitute Arbitrator Is 3 Years From The Date When The Right To Apply For Fresh Appointment Accrues: Delhi High Court
The High Court of Delhi has held that the limitation period for the appointment of the substitute arbitrator is 3 years from the date when the right...
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)...
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...
Allahabad HC: Doctrine Of Severability Applicable To Arbitral Awards, If Good Part Can Survive On Its Own
Allahabad HC: Doctrine Of Severability Applicable To Arbitral Awards, If Good Part Can Survive On Its Own
The Conundrum of Venue and Seat in Arbitral Jurisprudence
The perplexity to clearly demarcate the eccentricities between venue and seat of the arbitral proceedings still persists. Even though the two terms...
Delhi HC: Court can partially set aside an arbitration award
The Delhi High Court has held that the Courts exercising powers under Section 34 of the A&C Act has the power to partially set aside an...