Unconditional Withdrawal Of Prior Petition Filed U/S 11 Of A&C Act Bars Subsequent Petition On Same Cause Of Action: Delhi High Court

The Delhi High Court bench of Justice Manoj Kumar Ohri has observed that if a petition for appointment of arbitrator is withdrawn without liberty to file a fresh petition, then by application of Order 23 Rule 1(4), CPC, a subsequent petition on the same cause of action would be barred. Facts The contract between the Petitioner and Respondent No. 1 pertained to the construction of...

Executing Court Erred In Seeking Transfer Certificate To Execute Award When It Had Jurisidiction To Entertain Application: Rajasthan HC Sets Aside Order

The Rajasthan High Court bench of Justice Narendra Singh Dhaddha has held that the Executing Court had committed an error in directing to furnish the transfer certificate for executing an award when it already had jurisdiction to hear the application.Court said that when the property was situated in Jaipur, the executing court had jurisdiction to entertain the execution application. So,...

In Absence Of Separate 'Seat' Clause In Arbitral Agreement, Court Mentioned In 'Venue' Clause Has Exclusive Jurisdiction: Patna HC

The Patna High Court bench of Acting Chief Justice Ashutosh Kumar has held that in the absence of any clause in the agreement apart from Clause 36.3, which speaks of the “venue” being Delhi, there cannot be any other inference or intention of the parties for the “venue” and the “seat” being different. Additionally, the court noted that the agreement in question does...

MSME Council Cannot Pass Award On Account Of Failure Of Conciliation Proceedings, Has To Refer Matter To Arbitration: Karnataka HC

The Karnataka High Court has held that the Micro and Small Enterprises Facilitation Council cannot pass an award on account of conciliation having failed without referring the matter to arbitration. Justice Suraj Govindaraj held thus while allowing the petition filed by M/s Enmas GB Power Systems Projects Ltd. It said, “The matter is remitted to the Karnataka Micro and...

Force Majeure Clause 'Eclipses' Contractual Terms, Existence And Duration Of Force Majeure Event To Be Determined By Arbitral Tribunal: Delhi HC

The Delhi High Court Bench of Justice Dinesh Kumar Sharma has held that while deciding a petition under Section 34 of the Arbitration & Conciliation Act, 1996, courts cannot adopt the approach of one-size-fit-for-all. Courts can interfere into the award only if it shocks the conscience of the court and is prone to adversely affect the administration of justice. The court held that...

Court Cannot Appoint Arbitrator In Absence Of Arbitration Agreement Between Disputing Parties: Orissa High Court

The Orissa High Court has held that Court cannot appoint an arbitrator to resolve dispute between the parties in absence of any arbitration agreement. The Single Bench of Acting Chief Justice Arindam Sinha (as the Judge then was) referred to Section 11(6-A) (appointment of arbitrators) of the Arbitration and Conciliation Act to hold that –“Reference to arbitration can only be compelled...

Power To Issue Interim Orders U/S 9 Of A&C Act Not Confined Solely To Orders Which Can Be Passed Under O.39 R.1 & 2: Delhi HC

The Delhi High Court Bench of Justice Vibhu Bakhru and Justice Tejas Karia held that the powers of the court to order interim measures of protection under Section 9 of the Act are wide and are not confined solely to orders that can be passed under Order XXXIX Rules 1&2of the Code of Civil Procedure, 1908. However, the court would be guided by the principles underlying the Code....

Acceptance Of Goods Delivered Under Tax Invoice Amounts To Accepting Terms Governing It, Including Arbitration Clause: Delhi High Court

The Delhi High Court Bench of Justice Manoj Kumar Ohri has held that the arbitration clause contained in the tax invoice itself is clear to the extent that acceptance of subject goods delivered under the invoice would amount to accepting the terms governing it, including the arbitration clause contained therein. Brief Facts of the case: The respondent along with his son, entered into...

Court Cannot Interfere In Arbitration Proceedings At Final Stage, When Sufficient Opportunity Has Been Given To Claimant To Inspect Documents: Delhi HC

The Delhi High Court Bench of Justice Manoj Jain has upheld the order passed by the Arbitrator whereby an application seeking production of certain documents has been dismissed. The court held that sufficient opportunity had been given to the claimant, but he didn't avail that opportunity. Thus, the court cannot interfere with the order of the arbitrator at the final...

Prescribing Pre-Qualification Criteria By Authority In Tender Document Cannot Be Considered Arbitrary If Conditions Are Reasonable: Calcutta HC

The Calcutta High Court bench of Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee Das has held that the imposition of pre-qualification conditions by the tender-inviting authority cannot be interfered with by the courts when sufficient guidelines have been provided in the tender documents on how the authority's discretion shall be exercised. Brief...

Second Execution Petition Cannot Be Entertained When First Petition Seeking Execution Of Arbitral Award Was Dismissed On Merits: Andhra Pradesh HC

The Andhra Pradesh High Court bench of Justice Ravi Nath Tilhari has held that a second execution petition for enforcing an award is not maintainable if the first was rejected on the ground that the award had not been set aside, solely because a signed copy was not filed with the application to set it aside under Section 34 of the Arbitration and Conciliation Act, 1996...

Proceedings Before Registrar U/S 62 Of AP Cooperative Societies Act Not Arbitration, Provisions Of A&C Act Will Not Apply: Andhra Pradesh HC

The division bench of Andhra Pradesh High Court consisting of Justices R Raghunandan Rao and Maheswara Rao Kuncheam has observed that when proceedings are held before the Registrar under A.P. Cooperative Societies Act, 1964, such proceedings cannot be termed as arbitral proceedings.Accordingly, it was held that no provision of the Arbitration and Conciliation Act, 1996 including...