Delhi High Court: Whether On Demise Of One Of The Arbitrators, The Statutory Provision That Comes Into Play Is Section 15(2) Or Section 11 Of The Indian Arbitration Act?

The procedure in respect of appointment of arbitrators is prescribed under Section 11 of the Arbitration & Conciliation Act, 1996 (‘Arbitration Act’). For appointment of a substitute arbitrator, Section 14 read with Section 15 attains relevance. Section 14 (1)(a) of the Arbitration Act ordains that, on an arbitrator becoming de jure or de facto unable…

Delhi High Court: Whether A Party Which Has Lost Before An Arbitral Tribunal And Has No Enforceable Claim Under An Award Is Entitled To Seek An Interim Measure Against The Winning Party?

One of the facets of interim measures from the Court under Section 9 of the Arbitration & Conciliation Act, 1996 (‘Arbitration Act’) is the proximate nexus between the orders that are sought by the applicant and the arbitral proceedings. When an interim measure of protection is sought before or during arbitral proceedings, such a measure…

English Court of Appeal: Whether An Application Under Section 1028(3) Of The English Companies Act, 2006 Can Be Stayed Pursuant To Section 9 Of The English Arbitration Act, 1996 On The Ground Of Non-Arbitrability?

Consider a situation where a provision in a statute provides specific powers to the court to grant certain types of reliefs. Will it then be reasonable to infer that such reliefs are outside the realm of arbitrator? This question came up for consideration before the English Court of Appeal in Bridgehouse (Bradford No. 2) Ltd…

Delhi High Court: Whether Mandatory Injunction In The Form Of Specific Performance Of Contract Can Be Granted As An Interim Measure By The Court?

A contract which is determinable in nature cannot be specifically enforced in view of Section 14(1)(c) of the Specific Relief Act, 1963 (‘SRA’). Further, clause (e) of Section 41 of SRA provides that injunction cannot be granted to prevent the breach of contract, the performance of which would not be specifically enforced.[1] On a co-joint…

Singapore International Commercial Court: Whether A Bad Commercial Deal Resulting Into A Financially Disproportionate Award Can “Shock The Conscience” Of The Court To Set Aside Such An Award?

Consider a situation wherein a party, A entered into 4 Contracts (‘Transaction 1’) with party B for the supply of certain commodity. The payment from B to A for Transaction 1 is not received and yet A entered into another set of 6 contracts (‘Transaction 2’) with B for supply of commodity knowing well that…

English Commercial High Court(QB): Whether Breach of Domestic Public Policy Is Equivalent to Breach of English Public Policy For the Purposes of Resisting the Enforcement of Foreign Award Before the English Courts?

Consider a situation wherein the lex arbitri imposes a more onerous civil liability on a defaulting party under its domestic law than the one present under the English law. In that situation, whether a foreign award which has passed the muster of more onerous civil liability threshold under its domestic law can be resisted from…

Delhi High Court: Lien On Arbitral Award And Deposits As To Costs

Section 39 of the Arbitration & Conciliation Act (‘Arbitration Act’) recognises an arbitral tribunal’s lien over the award. The section conceives of a situation where there may be a dispute between the arbitral tribunal and one or more parties to the reference as to the costs of the arbitration. Upon an arbitral tribunal refusing to…