Supreme Court of India: Whether A Party Is Barred To Raise The Issue Of Ineligibility Of An Arbitrator, Having Itself Appointed The Arbitrator

Section 12(5) of the Indian Arbitration Act (‘Act’), under Seventh Schedule, set out the categories of persons which are ineligible to be appointed as an Arbitrator. Further, the proviso to Section 12(5) inter alia states that parties may, subsequent to disputes having arisen between them, waive the applicability of Section 12(5) of the Act by…

English Commercial High Court (QBD): Whether The Charterer’s Obligation To Maintain Vessel’s Class Under BARECON ’89 Form Is An Absolute Obligation?

In Silverburn Shipping (IoM) Ltd v. Ark Shipping Company LLC, [2019] EWHC 376 (Comm), the English Commercial High Court dealt with a charter party agreement on an amended standard BARECON ’89 form. The question before the Court was whether the obligation to maintain the class at all times casted upon the charterers under Clause 9A)…

Supreme Court of India: Whether The Court While Considering An Application For The Appointment of An Arbitrator Needs To First Impound An Unstamped Instrument Containing The Arbitration Clause And Ensure That Stamp Duty Is Paid Before Appointing The Arbitrator?

As per the law settled by the Supreme Court of India in SMS Tea Estates (P) Ltd. v. Chandmari Tea Co. (P) Ltd., (2011) 14 SCC 66, where an arbitration clause is contained in an unstamped agreement, the provisions of the Indian Stamp Act, 1899 (Indian Stamp Act) requires the Judge hearing the application for…

Supreme Court of India: Whether the Arbitration Agreement Stands Discharged on Acceptance of the Amount and Signing ‘No Claim’/Discharge Certificate

In Union of India (UOI) vs. Parmar Construction Company decided on 29 March 2019, the Supreme Court of India addressed the issue of whether the arbitration agreement stands discharged on acceptance of the amount and signing ‘no claim’/discharge certificate. The Court inter-alia held that the arbitral dispute subsists, and the arbitration clause has not been…

Singapore High Court: Whether Non-Disclosure or Suppression of Material Evidence Warrants The Setting Aside of An Arbitral Award On Grounds of Fraud or Public Policy

In BVU v BVX [2019] SGHC 69, the Singapore High Court dealt with the issue of whether, after the conclusion of arbitration and the issuance of the final award, the successful party’s decision not to call certain witnesses to give evidence and disclose certain internal documents, which it did not view as being relevant to…