Supreme Court of India: Whether An Order Refusing To Condone The Delay In Filing An Application To Set Aside A Domestic Award Under Section 34 Is Appealable Under Section 37 Of The Indian Arbitration Act

Before dealing with the issue at hand, it is useful to note the appeal mechanism as provided under Section 37 of the Arbitration & Conciliation Act, 1996 (‘Act’) and its interface with Section 34 (Appeal orders) of the Act. Section 37(1)(c) inter alia provides that an appeal shall lie from the following orders (and from…

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…

Supreme Court of India: Whether The Arbitration Agreement Incorporated In An Unstamped Work Order Is Legally Enforceable And Whether A Fraudulent Invocation Of A Bank Guarantee Is An Arbitrable Dispute?

Consider a situation where a party is granted some work under a work order which in turn obligates such party to furnish a Bank Guarantee for securing the performance of work. However, what will happen in a situation where no work is assigned to such party? Whether such Bank Guarantee can then be encashed even…