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…
Tag: termination
Delhi High Court: Whether the Order of an Arbitrator Terminating the Arbitral proceedings due to Non-filing of Statement of Claim can be Recalled? Whether a Writ before a High Court is maintainable against such an Order?
Consider a scenario wherein the arbitrator has terminated the arbitration proceedings under Section 25(a) of the Indian Arbitration Act (“Act”) on account of non-filing of the Statement of claim by the claimant. Further the arbitrator did not issued a notice to the claimant in this regard and subsequently even declined to hear the review application…
Supreme Court of India: Scope of Interference by Courts in Arbitral Awards Passed Under the Arbitration Act, 1940
In Atlanta Limited v. Union of India, the Atlanta Limited decided on 18 January 2022 by the Hon’ble Supreme Court of India, the Court has set aside and quashed the judgement of the Division Bench of the Madras High Court which had inter alia set aside a domestic arbitral award by examining the reasonableness of…