The National Highways Act 1956 provides provisions for statutory arbitration in cases where the Indian Government through National Highways Authority of India (“NHAI”) intends to acquire certain land and the owner of such land is not satisfied with the amount of compensation offered by NHAI. However, unlike other arbitrations, this statutory arbitration may not treat…
Tag: set aside the award
Singapore International Commercial Court: Whether A Bad Commercial Deal Resulting Into A Financially Disproportionate Award Can “Shock The Conscience” Of The Court To Set Aside Such An Award?
Consider a situation wherein a party, A entered into 4 Contracts (‘Transaction 1’) with party B for the supply of certain commodity. The payment from B to A for Transaction 1 is not received and yet A entered into another set of 6 contracts (‘Transaction 2’) with B for supply of commodity knowing well that…
Singapore High Court: A Constructive Remedy In The Award Does Not Curtail Award Debtor’s Passive Remedy To Challenge The Enforcement Of An Award
Key Highlights A constructive remedy in the award does not curtail award debtor’s passive remedy to challenge the enforcement of an award Mere errors of law or even fact are not sufficient to warrant setting aside an arbitral award under Art 34(2)(a)(iii) of the Model Law. CRW Joint Operation v PT Perusahaan Gas Negara (Persero)…
Delhi High Court: Whether Court Can Condone the Delay in Re-filing the Application to Set Aside A Domestic Award Beyond 3 months and 30 days?
Delhi High Court: Whether Court Can Condone the Delay in Re-filing the Application to Set Aside A Domestic Award Beyond 3 months and 30 days? Filing the Impugned Award is a Pre-Requisite for Assailing a Domestic Award in India The prescribed limitation period for filing an application to set aside a domestic award in India…
Supreme Court of India: Whether Parties Can Adduce Evidence in an Application to Set Aside a Domestic Award
In Canara Nidhi Limited v M. Shashikala 2019 SCC OnLine SC 1244, the Supreme Court addressed the issue of whether the parties can adduce evidence to prove the grounds to set aside a domestic award under Section 34(2) of the Arbitration & Conciliation Act, 1996 (‘Act’). The Court while deciding in negative inter alia held…
Singapore High Court: Whether Non-Disclosure or Suppression of Material Evidence Warrants The Setting Aside of An Arbitral Award On Grounds of Fraud or Public Policy
In BVU v BVX [2019] SGHC 69, the Singapore High Court dealt with the issue of whether, after the conclusion of arbitration and the issuance of the final award, the successful party’s decision not to call certain witnesses to give evidence and disclose certain internal documents, which it did not view as being relevant to…
Supreme Court of India: Whether there is any requirement to lead evidence in application for setting aside an award?
In the case of M/S Emkay Global Financial Services Ltd. v. Girdhar Sondhi, (Civil Appeal No. 8367 of 2018 (Arising out of SLP (Civil) No.33248 of 2017)) the Supreme Court of India dealt with the interpretation of “furnish proof” while challenging an award under Section 34 of the Indian Arbitration Act (the Act). In other…
Supreme Court of India: Whether the Industrial Tribunal/Labour Court is functus officio after the award has become enforceable, and is thus, prevented from considering setting aside application
In M/s. Haryana Suraj Malting Ltd. vs. Phool Chand, Civil Appeal No. 5650 of 2018, the Supreme Court addressed the issue of whether the Industrial Tribunal/Labour Court is functus officio after the award has become enforceable, and is thus, prevented from considering an application for setting aside an ex parte award. The issue was referred…
Singapore High Court: whether arbitral tribunal empowered to issue ‘attorneys eye only’ order, and whether parties to arbitration have an implied duty to arbitrate in good faith
In China Machine New Energy Corp v Jaguar Energy Guatemala LLC and another [2018] SGHC 101, the Singapore High Court dealt with the issue of whether the imposition of an attorney-eyes only (AEO) order by the arbitral tribunal amounts to a breach of natural justice that justifies setting aside the award when the scope of…
Ananya Pratap Singh 