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 High Court: Appeal Under Commercial Court Act Against An Interlocutory Order Of The Court Emanating From Proceedings For Enforcement Of A Domestic Award

The Arbitration & Conciliation Act, 1996 (‘Arbitration Act’) is an exhaustive self-contained code on matters pertaining to arbitration.[1] The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (‘Commercial Courts Act’) on the other hand is a general statute which also contains general provision vis-à-vis arbitration relating to appeals arising out…

Supreme Court of India: Conundrum of “Seat” & “Venue” Solved

In Bharat Aluminium Co. (BALCO) v. Kaiser Aluminium Technical Service, Inc. (2012) 9 SCC 552 (“BALCO”), the Five Judge Constitutional Bench of the Supreme Court of India, inter alia held that arbitrations are anchored to the seat/place/situs of arbitration. The seat of arbitration is thus intended to be its centre of gravity. This, however, does…

Singapore High Court: Whether an Arbitral Award on Substantive Merits can be Termed as Ruling on Negative Jurisdiction? Does Doctrine of res judicata Have Effect on the Tribunal’s Authority to Hear the Dispute?

In BTN and another v BTP and another, [2019] SGHC 212, the Singapore High Court dismissed an application to either review a partial arbitral award under Section 10(3)(b) of the International Arbitration Act (Cap. 143A) (‘IAA’) of Singapore, or in the alternative, to set aside the partial award under Section 24(b) of the IAA and…

Supreme Court of India: Whether the Fee Arrangement Agreed Between the Parties Prevails Over the Fee Schedule provided under the Arbitration Act?

In Gammon Engineers and Contractor Pvt Ltd v. National Highways Authority of India decided on 10 July 2019, the Supreme Court addressed the issue of whether the arbitrator’s Fee Schedule (Fourth Schedule) provided under the Arbitration and Conciliation Act, 1996 (as amended in 2015) (‘Act’) will override the fee arrangement agreed between the parties under…

Supreme Court of India: Whether the Consumer Disputes are non-arbitrable?

In M/S Emaar Mgf Land Limited vs Aftab Singh Civil Appeal Nos.23512-23513 of 2017 decided on 10 December 2018, the Supreme Court of India dealt with the issue of whether a remedy under the Indian Consumer Protection Act, 1986 (‘CPA’) being a special remedy can be initiated and continued despite there being any arbitration agreement…

Supreme Court of India: Whether a non-maintainable appeal, under Indian Arbitration Act, is nonetheless maintainable under the general law (Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015) of India

The Supreme Court of India (the Court), in Kandla Export Corporation & Anr. v M/S. OCI Corporation & Anr. (Civil Appeal no. 1661-1663 OF 2018 @ SLP(CIVIL) no. 28582-28584 of 2017 decided on February 7, 2018) addressed the issue of whether an appeal, not maintainable under Section 50 of the Arbitration and Conciliation Act, 1996…