Supreme Court of India: Construction of Contract by the Arbitrator and Judicial Intervention in Appeal in the Award FACTUAL MATRIX In NHAI v HCC, CA 4702 of 2023, the National Highways Authority of India (‘NHAI’) awarded a construction contract to M/s Hindustan Construction Company Ltd. (‘HCC’). Disputes arose between the parties and the same was…
Category: India
Supreme Court of India: Whether a Patently Illegal and Perverse Domestic Award can be set aside by the Supreme Court in a Curative Petition
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…
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…
Delhi High Court: Starting Point of Limitation to Challenge the Award in Case a Correction is made in the Award
Delhi High Court: Starting Point of Limitation to Challenge the Award in Case a Correction is made in the Award In the facts of this case, the Arbitral Tribunal failed to reflect the claim amount in the award even though it has found in favour of a party. To get such an error rectified, such…
Supreme Court of India: Standard of Scrutiny by an Appellate Court of an Award passed by an Expert Appointed as Arbitrator
Supreme Court of India: Standard of Scrutiny by an Appellate Court of an Award passed by an Expert Appointed as Arbitrator Whether a Dissenting opinion Can be treated as an Award if the Majority Award is Set Aside ? In Hindustan Construction Company Limited vs. National Highway Authority of India 2023INSC768, the Supreme Court of…
Supreme Court of India: Legal Misconduct of an Arbitrator as a ground to set aside the Award
Supreme Court of India: Legal Misconduct of an Arbitrator as a ground to set aside the Award In M/S S.D. Shinde Tr. Partner v. Govt. of Maharashtra & Ors. CA 6107-6108 of 2017 decided on 22 August 2023, the argument raised by the Award-holder before the Hon’ble Supreme Court of India was that the award…
Supreme Court of India: Waiver of Right of Appointment of an Arbitrator If Agreed Procedure of Appointment is not followed by a Party
Suppose there is an arbitral clause between the parties which provides a procedure to be followed for appointment of an arbitrator. It provides that one of the parties shall appoint the arbitrator. The dispute arose between the parties and the party empowered to appoint arbitrator does not appoint one. Does that mean that such party…
Supreme Court of India: Interpretation of Arbitration Clause Contained in a Lease Deed
Consider a scenario wherein two parties entered into a lease deed for a period of 24 years with a condition that the same is renewable at an offer of rent that is to be made by the lessee in the last year of lease. The lease also had an arbitration clause which provided that in…
Supreme Court of India : Whether the Facilitation Council Formed under the MSMED Act has the Power to Review its Own Arbitral Award
The Micro, Small and Medium Enterprises Development Act, 2006 (‘MSMED Act’) was enacted to provide, for facilitating the promotion and development and enhancing the competitiveness of micro, small and medium enterprises and for matters connected therewith or incidental thereto. Under the recovery mechanism provided in the MSMED Act, if any party has a dispute with…
Ananya Pratap Singh 