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…

Supreme Court of India: Standard of Scrutiny by an Appellate Court of an Award passed by an Expert Appointed as Arbitrator

Supreme Court of India: Standard of Scrutiny by an Appellate Court of an Award passed by an Expert Appointed as Arbitrator Whether a Dissenting opinion Can be treated as an Award if the Majority Award is Set Aside ? In Hindustan Construction Company Limited vs. National Highway Authority of India 2023INSC768, the Supreme Court of…

Delhi High Court: Whether the Court has Jurisdiction and Power to Modify/Alter an Arbitral Award under Section 34 of the Indian Arbitration Act ?

Section 34 of the Arbitration and Conciliation Act, 1996 (“Act”) makes provision for the supervisory role of courts for review of arbitral award only to ensure fairness. Intervention of the court is envisaged in few circumstances only, like, when an award is in conflict with the public policy of India, which includes cases of fraud,…

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…

Delhi High Court: Test of Business Efficacy v Limited Scope of Intervention In An Appeal Against An Order Setting Aside An Arbitral Award

The construction of terms of a contract is primarily for an arbitrator to decide unless the arbitrator construes the contract in such a way that it could be said to be something that no fair mind need or reasonable person could do.[1] Once the arbitrator had the jurisdiction, no further question shall be raised and…

Bombay High Court: Can An Order Of The Court Setting Aside An Arbitral Award Be Reviewed/Recalled Under Plenary Jurisdiction Of Such Court?

In Kalpataru Power Transmission Ltd. v. Maharashtra State Electricity Transmission Co. Ltd. Rev. Pet. (Lodging) No. 51 of 2019 decided on 21 Jan 2020, the question that arose for consideration of the Bombay High Court was whether a review petition seeking recall of its judgment and award thereby setting aside a majority award passed by…

Supreme Court of India: Findings of Facts by the Arbitral Tribunal Based on the Evidence on Record are not to be Scrutinized by the Appellate Courts

In [T]he State Of Jharkhand vs M/S Hss Integrated Sdn (2019) 9 SCC 798, the Supreme Court of India had eloquently reiterated the settled principles of arbitration in India that when two views are possible, a particular view taken by the Arbitral Tribunal which was also reasonable, should not be interfered with by the appellate…

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…