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…

Bombay High Court: Interpretation of ‘May’ & ‘Shall’ in Dispute Resolution Clauses and Conciliation As A Pre-Condition to Arbitration

In Quick Heal Technologies Limited v. NCS Computech Private Limited Arb Pet. 43/2018 decided on 5 June 2020, the dispute resolution clause provided that all disputes under the agreement shall (‘First shall’) be amicably discussed for resolution by the designated personnel of each party, and if such dispute/s cannot be resolved within 30 days, the…

Supreme Court of India: ‘Place’ is not always ‘Seat’ of Arbitration

The seat of arbitration is a vital aspect of any arbitration proceedings. Significance of the seat of arbitration is that it determines the applicable law when deciding the arbitration proceedings and arbitration procedure as well as judicial review over the arbitration award. The situs is not just about where an institution is based or where…

Supreme Court of India: Whether the Arbitration Agreement Stands Discharged on Acceptance of the Amount and Signing ‘No Claim’/Discharge Certificate

In Union of India (UOI) vs. Parmar Construction Company decided on 29 March 2019, the Supreme Court of India addressed the issue of whether the arbitration agreement stands discharged on acceptance of the amount and signing ‘no claim’/discharge certificate. The Court inter-alia held that the arbitral dispute subsists, and the arbitration clause has not been…

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…

Supreme Court of India: Whether the general words of incorporation are sufficient to incorporate an arbitration agreement; difference between ‘reference’ and ‘incorporation’

In a recent case of M/S. INOX Wind Ltd. v. M/S Thermocables Ltd. Civil Appeal No. 19 of 2018 (Arising out of SLP (Civil) No.31049 of 2016 decided on January 05, 2018), the Supreme Court of India (the Court) addressed the issue of whether the general words of incorporation are sufficient to incorporate an arbitration…