Supreme Court of India: Whether An Order Refusing To Condone The Delay In Filing An Application To Set Aside A Domestic Award Under Section 34 Is Appealable Under Section 37 Of The Indian Arbitration Act

Before dealing with the issue at hand, it is useful to note the appeal mechanism as provided under Section 37 of the Arbitration & Conciliation Act, 1996 (‘Act’) and its interface with Section 34 (Appeal orders) of the Act. Section 37(1)(c) inter alia provides that an appeal shall lie from the following orders (and from…

Supreme Court of India: Whether The Arbitral Process Could Be Interfered Under Original And Supervisory Jurisdiction Of High Courts For Arbitration Under Special Enactments?

In India, arbitration is a prescribed mode of dispute resolution under certain special enactments concerning public works contract. One such State legislation is the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992. In this post, I will analyze the scope of High Court’s interference while exercising its original and supervisory jurisdiction in arbitration process…

Supreme Court of India: Whether The Arbitration Agreement Incorporated In An Unstamped Work Order Is Legally Enforceable And Whether A Fraudulent Invocation Of A Bank Guarantee Is An Arbitrable Dispute?

Consider a situation where a party is granted some work under a work order which in turn obligates such party to furnish a Bank Guarantee for securing the performance of work. However, what will happen in a situation where no work is assigned to such party? Whether such Bank Guarantee can then be encashed even…

Delhi High Court: Whether A Dispute Under Irrevocable License Of A Property Which Touches Upon The Transfer Of Property Act/Specific Relief Act/Easements Act Is Arbitrable?

Section 8 of the Arbitration & Conciliation Act, 1996 (‘Arbitration Act’) provides mechanism by which a party to a suit can seek stay of court proceedings in favour of arbitration if there exists an arbitration clause in the underlying agreement between the parties. However, the question then arises as to whether the court can go…

Singapore High Court: Anti-Suit Injunction Against Foreign Court Proceedings Initiated As A ‘Protective Net’ To Cure Possible Defects In Commencement Of Arbitration

When parties agree to arbitration, they agree to pursue their disputes in arbitration, and not in court.[1] But can a party (defendant) legitimately trigger and maintain simultaneous court proceedings (‘Court Proceedings’) going against an express arbitration agreement as a fallback mechanism (‘Protective Safety Net’) to be on a safer side against any possible defects in…

Delhi High Court: Appeal Under Commercial Court Act Against An Interlocutory Order Of The Court Emanating From Proceedings For Enforcement Of A Domestic Award

The Arbitration & Conciliation Act, 1996 (‘Arbitration Act’) is an exhaustive self-contained code on matters pertaining to arbitration.[1] The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (‘Commercial Courts Act’) on the other hand is a general statute which also contains general provision vis-à-vis arbitration relating to appeals arising out…

Delhi High Court: Bar Under Section 9(3) Of The Indian Arbitration Act And Its Applicability On The Foreign Seated Arbitration

Section 9(3) of the Arbitration & Conciliation Act, 1996 (‘Indian Arbitration Act’) as inserted via Arbitration & Conciliation (Amended) Act, 2015 inter alia creates a bar on the Court to entertain application seeking interim measures once the arbitral tribunal has been constituted (‘the bar’) except in cases where ‘circumstances exist which may not render the…

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…