Arbitration Archives | Page 8 of 15

Can NCLT entertain an arbitrable dispute? SC sets the yardsticks of residuary powers of NCLT under IBC

“The residuary jurisdiction of the NCLT cannot be invoked if the termination of a contract is based on grounds unrelated to the insolvency of the Corporate Debtor.”

High Court Round Up Legal RoundUp

High Courts Monthly RoundUp — November 2021

Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of November.

Case Briefs Supreme Court

‘General phraseology of a contract cannot constitute agreement to apply statutory amendments retrospectively’; SC holds contractual clauses cannot run contrary to legislative intent

Supreme Court: The Division Bench of Sanjay Kishan Kaul and M.M. Sundresh, JJ., held that a generally worded clause of a contract

Case Briefs Supreme Court

Contractual bar on interest doesn’t only bar the parities from claiming it but also the Arbitrator from awarding it: SC

“Once the contractor agrees that he shall not be entitled to interest on the amounts payable under the contract, including the interest upon the earnest money and the security deposit, the arbitrator in the arbitration proceedings being the creature of the contract has no power to award interest”

Case Briefs Supreme Court

Decreeing a claim while exercising jurisdiction under Section 37 of Arbitration and Conciliation Act 1996 impermissible: SC

Supreme Court: In a case where the Punjab and Haryana High Court not only set aside the judgment of the District Judge

Case Briefs High Courts

Relief under S. 9 of the Arbitration and Conciliation Act: Can it be granted to a party who is not party to arbitration agreement? Read Utt HC’s ruling

Uttaranchal High Court: Emphasizing on the purpose and object of Section 9 of the Arbitration and Conciliation Act, 1996, Division bench of

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Does an arbitration clause in an agreement bar consumer forum’s jurisdiction? NCDRC answers relying on SC decision

National Consumer Disputes Redressal Commission (NCDRC): Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member)reiterated that the presence of an

'Lex Mercatoria' by Hasit Seth Experts Corner

Exploring the Use of UNCITRAL’s Arbitration Rules and Materials in Indian Ad Hoc Arbitrations

by Hasit B. Seth†
Cite as: 2021 SCC OnLine Blog Exp 81

Op Eds OP. ED.

What is the Appropriate Stage to Challenge Unilateral Appointment

by Ramkishore Karanam*and Mahasweta M.**

Op Eds OP. ED.

The Milestone Achievement of Amazon in Reinstating the Status Quo of Party Autonomy in Domestic and International Commercial Arbitrations

by Swarnendu Chatterjee*and Sneha Rath**

Case Briefs Supreme Court

Explained| Pre-deposit of 75% of arbitration award amount under Section 19 of the MSME Act, 2006 mandatory or discretionary?

Supreme Court: The bench of MR Shah* and AS Bopanna, JJ has held that in an appeal/application filed under Section 34 of

Case Briefs High Courts

Arbitral Award and Patent Illegality: Del HC’s decision focusing on methodology adopted by Arbitral Tribunal for calculating arbitral award on finding error in Surveyor’s report

Delhi High Court: The Division Bench of Rajiv Shakdher and Talwant Singh, JJ., while addressing a matter with regard to the arbitral

Experts Corner Khaitan & Co

India and Retrospective Tax on Indirect Transfers: Burying the Hatchet

by Indruj Singh Rai† and Hardeep Singh Chawla††
Cite as: 2021 SCC OnLine Blog Exp 75

Case Briefs Supreme Court

Explained| Can arbitrator grant pendente lite interest if contract expressly bars payment of interest?

Supreme Court: The bench of SA Nazeer* and Krishna Murari, JJ has held that if the contract contains a specific clause which

Op Eds OP. ED.

Whether limitation falls within the power of the Arbitral tribunal to rule on its own jurisdiction – RF Nariman’s judgment in Indian Farmers case

by Hiroo Advani† and Manav Nagpal††
Cite as: 2021 SCC OnLine Blog Exp 73

Op Eds OP. ED.

ICADR Rules regarding procedure come into play only after arbitration commences before appropriate jurisdiction of law: Del HC summarises law on seat, venue of arbitration

Delhi High Court: While observing that the role of ICADR Rules shall come into play with regard to the procedure to be

Op Eds OP. ED.

Section 34 of the Arbitration and Conciliation Act, 1996: Whether Courts have the Power to Modify or Vary Arbitral Awards

by Rohan Tigadi*

SCC Times

Arbitration

Can NCLT entertain an arbitrable dispute? SC sets the yardsticks of residuary powers of NCLT under IBC

High Courts Monthly RoundUp — November 2021

‘General phraseology of a contract cannot constitute agreement to apply statutory amendments retrospectively’; SC holds contractual clauses cannot run contrary to legislative intent

Contractual bar on interest doesn’t only bar the parities from claiming it but also the Arbitrator from awarding it: SC

Decreeing a claim while exercising jurisdiction under Section 37 of Arbitration and Conciliation Act 1996 impermissible: SC

Relief under S. 9 of the Arbitration and Conciliation Act: Can it be granted to a party who is not party to arbitration agreement? Read Utt HC’s ruling

Does an arbitration clause in an agreement bar consumer forum’s jurisdiction? NCDRC answers relying on SC decision

Exploring the Use of UNCITRAL’s Arbitration Rules and Materials in Indian Ad Hoc Arbitrations

What is the Appropriate Stage to Challenge Unilateral Appointment

The Milestone Achievement of Amazon in Reinstating the Status Quo of Party Autonomy in Domestic and International Commercial Arbitrations

Explained| Pre-deposit of 75% of arbitration award amount under Section 19 of the MSME Act, 2006 mandatory or discretionary?

Arbitral Award and Patent Illegality: Del HC’s decision focusing on methodology adopted by Arbitral Tribunal for calculating arbitral award on finding error in Surveyor’s report

India and Retrospective Tax on Indirect Transfers: Burying the Hatchet

Explained| Can arbitrator grant pendente lite interest if contract expressly bars payment of interest?

Whether limitation falls within the power of the Arbitral tribunal to rule on its own jurisdiction – RF Nariman’s judgment in Indian Farmers case

India and Investment Treaty Arbitrations: A Chequered Past and Uncertain Future

Exploring Arbitration Claims through the Lens of Law of Limitation: A comprehensive analysis

MNLU Mumbai | Certificate Course on Investment Treaty Arbitration

ICADR Rules regarding procedure come into play only after arbitration commences before appropriate jurisdiction of law: Del HC summarises law on seat, venue of arbitration

Section 34 of the Arbitration and Conciliation Act, 1996: Whether Courts have the Power to Modify or Vary Arbitral Awards