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Corporate Law : (1) This Act may be called the Arbitration and Conciliation (Amendment) Act, 2021. (2) Save as otherwise provided in this Act, it ...
In present case, the Honble Supreme Court invoked the provision of Article 142 of the Constitution of India and reduced the rate of Interest awarded by the arbitral tribunal by considering the fact that the long duration has been passed since filing of the claim.
High Court dismissed the petition stating that the terms of e-auction provided that any dispute is arbitrable and the Appellant is virtually seeking the enforcement of a contract through a writ petition for raising a claim for refund.
Delhi High Court held that considering the limited scope of judicial review u/s. 34 of the Arbitration Act, court cannot modify the arbitral award by awarding interest to the appellant.
Where the parties have agreed to give only supervisory powers to a third party with respect to the disputes arising between them, and a clause which does not disclose the intention of the parties to give any adjudicatory powers to the third party, does not qualify as an ‘arbitration agreement’, as defined under Section 2(1)(b) read with Section 7 of Arbitration and Conciliation Act, 1996.
Chemflo Industries Pvt. Ltd. Vs KMC Construction Ltd. and another (Orissa High Court) Petitioner submits, impugned is order dated 13th March, 2015 passed on the interlocutory application of his client made in arbitration petition (ARBP no. 122 of 2013), of purported challenge of opposite parties to award dated 29th January, 2011. He submits, by the […]
All questions relating to novation of the MOU with the execution of the Supplemental Agreement and the significance of reference to the terms of the MOU in Clause-13 of the Supplemental Agreement, which touch upon the jurisdiction of the sole Arbitrator to enter reference of the dispute, must be decided by the sole Arbitrator as required under Section 16 of the Arbitration Act.
Enterprises Coal Sales Pvt Ltd Vs Union of India (Supreme Court of India) Appellant moved a writ petition before the High Court seeking, inter alia, the following reliefs: “(i) Issue a suitable writ, order or direction in the nature of mandamus commanding the respondent no.2 to accept, Form C and issue Form E-1 to the […]
Question that arises here for consideration is whether interest granted on award against claim nos.1 and 5 was grant of interest upon interest and barred by the Act of 1978.
Bombay High Court has held that a mere reference to a proposal containing an arbitration clause which was unilaterally signed by one party, would not amount to an arbitration agreement coming into existence between the parties. Suit filed before Trial Court stand restored.
Yukti Construction Pvt. Ltd Vs Asha Sharma (Uttarakhand High Court) An arbitration agreement does not require registration under the Registration Act. Even if it is found as one of the clauses in a contract or instrument, it is an independent agreement to refer the disputes to arbitration, which is independent of the main contract or […]
