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 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…

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…