Supreme Court of India: Whether The Arbitral Process Could Be Interfered Under Original And Supervisory Jurisdiction Of High Courts For Arbitration Under Special Enactments?

In India, arbitration is a prescribed mode of dispute resolution under certain special enactments concerning public works contract. One such State legislation is the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992. In this post, I will analyze the scope of High Court’s interference while exercising its original and supervisory jurisdiction in arbitration process…

Delhi & Bombay High Court: Whether Section 34 proceedings needs to be stayed if corporate insolvency against an award creditor corporate debtor is initiated during its pendency?

Once an application seeking initiation of corporate insolvency resolution process (CIRP) of a corporate debtor is admitted by the National Company Law Tribunal, a moratorium is imposed under Section 14(1)(a) of the Insolvency & Bankruptcy Code, 2016 (Code), prohibiting institution of suits or continuation of pending suits or proceedings against the Corporate Debtor. Consider a…

Supreme Court of India: Challenge To The Domestic Arbitral Award On The Grounds Of Contravention Of Fundamental Policy Of Indian Law, Conflict With Most Basic Notions Of Justice & Patent Illegality As Added By The Arbitration Amendment Act, 2015 Can Only Be Made Prospectively

In Ssangyong Engineering & Construction Co. Ltd. v. National Highways Authority of India (NHAI) 2019 SCC OnLine SC 677, the Supreme Court elucidated and interpreted the grounds for setting aside an award when the party was unable to present its case under Section 34(2)(a)(iii) of the Arbitration & Conciliation Act, 1996 (‘Act’), when arbitral award…