Supreme Court of India: Whether a Patently Illegal and Perverse Domestic Award can be set aside by the Supreme Court in a Curative Petition The subject issue has been recently decided by the Hon’ble Supreme Court of India in Delhi Metro Rail Corporation Ltd. vs. Delhi Airport Metro Express Private Limited Curative Petition (C) Nos.108-109…
Supreme Court of India: Incorporation by Reference of An Arbitration Clause in A ‘Two Contract’ Case
Supreme Court of India: Incorporation by Reference of An Arbitration Clause in A ‘Two Contract’ Case In NBCC (India) Limited v Zillion Infraprojects Pvt. Ltd., the Hon’ble Supreme Court of India has discussed the concept of incorporation of arbitration clause by reference in a ‘Two Contract’ case and held that in ‘Two Contract’ cases an…
Singapore High Court: Whether Failure to Raise Jurisdictional Challenge Amounts to Submission to the Tribunal’s Jurisdiction
Singapore High Court: Whether Failure to Raise Jurisdictional Challenge Amounts to Submission to the Tribunal’s Jurisdiction In 2021, the Dubai International Financial Centre Arbitration Institute (“DIFC”) was abolished by Decree No 34 of 2021 (the “Decree”) issued by the Dubai government. The Decree abolished DIFC and transferred its assets to DIAC. Consequently, the Dubai International…
Singapore High Court: Conflicting Dispute Resolution Clauses and Transnational Issue Estoppel in Parallel Proceedings
Singapore High Court: Conflicting Dispute Resolution Clauses and Transnational Issue Estoppel in Parallel Proceedings In Sacofa Sdn Bhd v Super Sea Cable Networks Pte Ltd and another [2024] SGHC 54, the Singapore High Court inter alia dealt with issues related with conflicting dispute resolution clauses of two contracts in a peculiar situation. While deciding the…
Supreme Court of India: Whether Section 29A of Indian Arbitration Act as amended in 2019 is Prospective or Retrospective in Nature
Supreme Court of India: Whether Section 29A of Indian Arbitration Act as amended in 2019 is Prospective or Retrospective in Nature. Section 29A of the Indian Arbitration and Conciliation Act, 1996 (Arbitration Act) in its original form, provided a deadline for passing of an arbitral award which was 12 months from the period when the…
Supreme Court of India: Limitation Period to file an Application seeking Appointment of Arbitrator in India
Supreme Court of India: Limitation Period to file an Application seeking Appointment of Arbitrator in India An application seeking appointment arbitrator by Court is filed under Section 11(6) of the Indian Arbitration and Conciliation Act (“A&C Act”). However, it does not prescribe any limitation period within which such an application can be filed. In this…
Supreme Court: Whether Unilateral Increase in Fees by the Tribunal Can be A Ground to Terminate its Mandate?
Supreme Court: Whether Unilateral Increase in Fees by the Tribunal Can be A Ground to Terminate its Mandate? Under the Indian arbitration regime, an arbitrator has a continuous duty of disclosure in respect of circumstances which may give rise to ‘justifiable doubts’ about his / her ‘independence and impartiality’. Under the Indian Arbitration & Conciliation…
Supreme Court of India: Whether an Arbitration Clause needs to be In Consonance with the Constitution of India to be Legally Binding
In Lombardi Engineering Limited v. Uttarakhand Jal Vidyut Nigam Limited decided on 06.11.2023, the issue which fell for consideration of the Hon’ble Supreme Court of India was whether an arbitration clause providing for a mandatory pre-deposit of 7% of the total claim as a condition precedent to invoke arbitration is violative of Article 14 (Equality…
Delhi High Court: Attachment before Judgement as an Interim Measure in aid to Arbitration
Delhi High Court: Attachment before Judgement as an Interim Measure in aid to Arbitration The powers of a court under Section 9 of the Arbitration & Conciliation Act, 1996 (‘A&C Act’) to direct interim measures of protection in aid of arbitration are wide. Such measures can be passed before, during or after the arbitral proceedings….
Which Law governs the Subject-matter Arbitrability at the Pre-Award Stage?
Which Law governs the Subject-matter Arbitrability at the Pre-Award Stage? In an interesting series of judgments passed by the Singaporean and Indian Courts, one of the most important questions related with arbitration has been discussed, analysed and elaborated upon. In doing so, the Courts have dealt with issues such as the applicable law of arbitration…
Ananya Pratap Singh 