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…

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…

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 landlord and tenant disputes arising under the Transfer of Property Act of India are arbitrable? Whether the pre-requisite of “existence” of an arbitration agreement for the appointment of an arbitrator by the Court under the Indian Arbitration Act includes appointment of an arbitrator for disputes which are non-arbitrable as well?

While deciding an application seeking appointment of an arbitrator under Section 11(6A) of the Indian Arbitration and Conciliation Act, 1996 (‘Act’), the power of the court is confined only to the examination of the existence of an arbitration agreement, leaving it to the court to decide on the existence of a valid arbitration agreement, no…

Supreme Court of India: Whether the Delay In Passing the Award Can Be A Ground To Appoint A Substitute Arbitrator By the Court In Deviation With the Arbitration Agreement

In Rajasthan Small Industries Corporation Limited v. Ganesh Containers Movers Syndicate 2019 (1) SC ALE 670, the Supreme Court of India decided the validity of the appointment of an arbitrator by the court of its own choice departing from the arbitration clause. The Court inter-alia held that mere neglect of an arbitrator to act or…

Delhi High Court: In light of the Arbitration Amendment Act, 2015, whether the appointment of an arbitrator through a party holding the position of Managing Director is null and void?

 In the case of Worlds Window Infrastructure & Logistics Pvt. Ltd. v. Central Warehousing Corporation, (ARB. P. 437/2018), the Delhi High Court addressed the issue of whether the appointment of an arbitrator by the Managing Director of a company  is null and void after coming into force of the Arbitration and Conciliation (Amendment) Act, 2015…