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…

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…

Delhi High Court: Whether Mandatory Injunction In The Form Of Specific Performance Of Contract Can Be Granted As An Interim Measure By The Court?

A contract which is determinable in nature cannot be specifically enforced in view of Section 14(1)(c) of the Specific Relief Act, 1963 (‘SRA’). Further, clause (e) of Section 41 of SRA provides that injunction cannot be granted to prevent the breach of contract, the performance of which would not be specifically enforced.[1] On a co-joint…

Delhi High Court: Lien On Arbitral Award And Deposits As To Costs

Section 39 of the Arbitration & Conciliation Act (‘Arbitration Act’) recognises an arbitral tribunal’s lien over the award. The section conceives of a situation where there may be a dispute between the arbitral tribunal and one or more parties to the reference as to the costs of the arbitration. Upon an arbitral tribunal refusing to…

Delhi High Court: Whether The Jurisdiction Vested in Indian Courts To Award Interim Measures In A Foreign Seated International Commercial Arbitration is an Asset Based Jurisdiction?

Consider a situation where in a foreign seated international commercial arbitration with proper law of underlying contract being foreign law, an Indian party files a petition under Section 9 of the Arbitration & Conciliation Act, 1996 (‘Arbitration Act’) before an Indian court seeking interim measures for securing the amount in dispute against the foreign party…

Delhi High Court: Arbitrability of Dispute Regarding Wrongful Invocation of Force Majeure Clause is to be decided by the Arbitral Tribunal and not by Court in a Section 9 Petition

In M/S Halliburton Offshore Services Inc. v. Vedanta Limited & Anr. O.M.P (I) (COMM.) No. 88/2020 decided on 29 May 2020, the Delhi High Court was called upon to decide an interesting issue in respect of pre-arbitration interim measure from Court owing to invocation of Force Majuere clause by the Contractor due to prevailing lockdown…

Delhi High Court: 75% Deposit Of The Awarded Amount As A Precondition To Appeal The Award Provided Under Special Statute Not Applicable On Private Arbitrations

Certain special statutes in India provide for statutory arbitrations. Consider a situation where parties which are governed by such special statutes instead of following the arbitration mechanism provided thereunder commences private arbitration under the Arbitration & Conciliation Act, 1996 (‘Arbitration Act’). In such a scenario, whether the special privileges provided under the special statutes in…

Enforcement of Foreign Emergency Awards during COVID-19 in India

We all have heard Mr Gary Born speaking as a President of Singapore International Arbitration Centre (‘SIAC’) in his fabulous webinar “An Evening with SIAC Court President” that SIAC has recently attended atleast 2 emergency arbitration in the times of COVID-19. However, the biggest question, besides the looming uncertainty on the recognition of emergency arbitration…