Anglo American Metallurgical Coal versus MMTC| Supreme Court finds Delhi HC’s division bench verdict “flawed”; Restores Arbitral Tribunal’s majority award
“The entire approach of the Division Bench is flawed.”
Arbitration
Ker HC | After appointment of Sole Arbitrator, it is up to the Arbitrator to consider the question as to whether appellant would be entitled to claim any interim measure of protection under S. 17 of Arbitration and Conciliation Act, 1996; HC cannot interfere
Kerala High Court: T.V. Anilkumar, J., dismissed the present Appeal against the impugned order of Additional District Court whereby the Court refused
Supreme Court year-end roundup| From important judgments to unmissable facts and stories, here’s a comprehensive roundup of all that happened in 2020
2020 has been a year of COVID-19, challenges, and changes. Of many things that this year has taught us, one of the
Why are Landlord-tenant disputes under TP Act arbitrable but those under Rent Acts non-arbitrable? [‘Vidya Drolia’ explainer by Supreme Court]
Supreme Court: Three days after the Court overruled the ratio in Himangni Enterprises v. Kamaljeet Singh Ahluwalia, (2017) 10 SCC 706 wherein it was held
‘Landlord-tenant disputes under Transfer of Property Act are arbitrable’. SC lays down test for determining non-arbitrability of disputes
Supreme Court: The 3-judge bench of NV Ramana*, Sanjiv Khanna** and Krishna Murari, JJ has overruled the ratio in Himangni Enterprises v.
Supreme Court confirms pre-BALCO foreign awards cannot be challenged under Section 34 of Arbitration and Conciliation Act
Supreme Court: The question before the division bench of Ravindra Bhat and Indira Banerjee, JJ. was whether a foreign award rendered in
HP HC | Claim barred by limitation is a question of law and facts which Arbitral Tribunal or Arbitrator has to consider on the basis of record; petition allowed
Himachal Pradesh High Court: L. Narayana Swamy CJ., while exercising its powers under Section 11(6) of the Arbitration and Conciliation Act, 1996,
Demystifying the Arbitrability of Fraud
by Amit Jajoo*, Anamika Singh** & Bhargav Kosuru***
Implied Exclusion of Jurisdiction in Arbitration
by Abhishek Sharma*
Stamping of Agreements vis-à-vis Section 9 of the Arbitration & Conciliation Act, 1996
by Yakshay M. Chheda* & Ishan J. Ravindranath**
Arbitration and Conciliation (Amendment) Ordinance, 2020: Stakeholder get opportunity to seek unconditional stay of enforcement of arbitral awards induced by fraud or corruption
President promulgates Arbitration and Conciliation (Amendment) Ordinance, 2020 Amendment of Section 36 In Section 36 of the Arbitration and Conciliation Act, 1996
Ker HC | Any condition that requires petitioner to make a pre-deposit of any amount for invoking the arbitration would fall foul of the law declared by SC; Petition allowed
Kerala High Court: A.K. Jayasankaran J., allowed the present petition, clarifying the scope and ambit of powers to be exercised by Courts
Kar HC | Whether an insufficiently stamped sale agreement, containing arbitration clause for appointment of sole arbitrator enforceable under S.11(6) of Arbitration and Conciliation Act, 1996; HC reiterates settled legal position on said premise
Karnataka High Court: S.R. Krishna Kumar, J., allowing the present petition for the appointment of a sole arbitrator under Section 11(6) of
Levy of Liquidated Damages by one party to a contract: When arbitrable? Comments in light of SC Judgment of Mitra Guha v. ONGC
by Prashant Pakhiddey* & Lakshmi Dwivedi**
SC gives a go ahead to enforcement of Malaysian arbitral award in Government versus Vedanta; says it doesn’t contravene public policy of India
Supreme Court: The 3-judge bench of SA Nazeer, Indu Malhotra and Aniruddha Bose, JJ has dismissed Central Government’s plea against enforcement of
Kar HC | Party to contract displaying repeated non-exercise of right to appoint arbitrator shows waiver of the same by conduct
Karnataka High Court: John Michael Cunha, J. disposed of the petition by appointing a sole arbitrator to adjudicate the said matter in
How to determine if an allegation of fraud falls under “Fraud Exception”to Arbitrability? SC elaborates
Supreme Court: The bench of RF Nariman and Navin Sinha, JJ has held that “serious allegations of fraud” as a ground for
Saving Arbitration from Arbitration Costs: The Case of Arbitrators’ Fees
by Anhad S. Miglani & Shaurya Punj*