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…

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….

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…

Delhi High Court: Whether Consent Awards Are Enforceable As a New York Convention Award in India

Delhi High Court: Whether Consent Awards Are Enforceable As a New York Convention Award in India In general, a consent award is an arbitral award which is drawn by the arbitrator in terms of settlement agreement arrived at between the parties. This is done to give the decision of the parties a sanctity of an…

Delhi High Court: Whether There Can Be Multiple Arbitration Proceedings From The Same Contract?

Does the principle of estoppel applies in arbitration? Consider a scenario wherein A has taken a loan from a bank B. A defaulted in repayment due to some differences amongst A and B and therefore the latter declared the former’s account as Non-performing Assets. As a result, arbitration was invoked between the parties which culminated…

Delhi High Court: Whether the Time spent for complying with the Pre-reference ADR procedures is required to be excluded while calculating the Period of Limitation for referring the Disputes to Arbitration?

Consider a scenario wherein a contract signed between A and B contains a Multi-tier Dispute Resolution Clause which inter alia provides that in case of a dispute, the parties shall first try to settle their dispute through mutual negotiation and in the event such negotiations fail only then can the parties invoke arbitration. In light…

Delhi High Court : Whether Damage Caused to a Machinery on Account of Fire in an Insured Building would amount to Direct Loss under a Standard Fire and Special Perils Policy

Consider a scenario wherein an insured has purchased a Standard Fire and Special Perils Policy which contains an exclusion clause excluding all indirect losses from the ambit of coverage. Now consider that the insured building is destroyed by fire and in the fire the UPS which were placed in the building were also burned which…

Whether an objection as to the Impartiality of an Arbitrator can be raised if the Arbitrator is equally related to both the parties? Judicial interpretation of the expression “close family relationship with one of the parties” in Clause 2.3.8 of the Waivable Red List of IBA Guidelines on Conflict of Interest in International Arbitration

Consider a scenario wherein a dispute arose between the two brothers in a family and they appointed an arbitrator to resolve it. Pertinently, the daughter of the eldest brother of the parties (who is not involved in the disputes) is married to the son of the Arbitrator. In the above background, the question arises as…

Delhi High Court: Whether the Order of an Arbitrator Terminating the Arbitral proceedings due to Non-filing of Statement of Claim can be Recalled? Whether a Writ before a High Court is maintainable against such an Order?

Consider a scenario wherein the arbitrator has terminated the arbitration proceedings under Section 25(a) of the Indian Arbitration Act (“Act”) on account of non-filing of the Statement of claim by the claimant. Further the arbitrator did not issued a notice to the claimant in this regard and subsequently even declined to hear the review application…

Delhi High Court: Whether Arbitral Tribunal can award damages on “guess work”, where there is no material to assess the same?

Consider a situation wherein an Employer levies 50% liquidated damages on the Contractor on account of alleged delay in execution of construction contract by the Contractor. Thus, the principal dispute between the parties was related with levying of Liquidated Damages which is referred to arbitration and consequently the arbitrator inter alia sustained the levying of…