Delivery Of Certified Copy Of Award After Signing & Authentication Constitutes Valid Service U/S 31(5) Of Arbitration Act: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar held that delivery of a certified copy of the award, signed by the members, when properly addressed, stamped, and sent by speed post with delivery confirmed by the postal department, amounts to effective service even if the original signed copy of the award is not dispatched. The present application has been filed under section 47...

Executing Court Empowered To Grant Statutory Interest Not Mentioned In Award U/S 36 Of Arbitration Act: Allahabad High Court

Following the judgment of the Delhi High Court in Union of India and Anr. v. Sudhir Tyagi, the Allahabad High Court has held that under Section 36 of the Arbitration and Conciliation Act, 1996, the Executing Court is empowered to grant statutory interest which may not have been mentioned in the arbitral award.In Union of India and Anr. v. Sudhir Tyagi, it was held that “..the interpretation...

Dismissal Of Plea U/S 8 Of A&C Act Amounts To Res Judicata; S.11 Court Cannot Refer Parties To Arbitration: Delhi High Court

The Delhi High Court bench of Justice Purushaindra Kumar Kaurav, while dismissing a Section 11 petition under the A&C Act, observed that dismissing a Section 8 application under the A&C Act amounts to res judicata. The Section 11 Court cannot refer the parties to Arbitration if the order dismissing Section 8 is not set aside or interfered with. A Collaboration Agreement...

Filing Application U/S 10 Of Commercial Courts Act With S.34 Petition Fulfills Requirements U/S 34 Of A&C Act: Rajasthan High Court

The Rajasthan High Court Bench of Justices Sanjeev Prakash Sharma and Chandra Prakash Shrimali has held that merely if an application filed under Section 10, Commercial Courts Act (“CCA”) does not mention Section 34, Arbitration and Conciliation Act (“ACA”) in the heading, it does not mean that the application cannot be treated as an application under Section 34, ACA....

Govt Notifications Imposing Restrictions On Usage In Contracts For Supply Of Gas Are Laws Under Article 12, Must Be Complied With: Delhi HC

The Delhi High Court, while dismissing a Section 34 petition, observed that the five contracts entered into between the parties were subject to the restrictions imposed by the Government. By providing the gas at a subsidised price, the Government has the authority to regulate the use of such gas. The bench of Justice Subramonium Prasad held that the Ministry of Petroleum and Natural...

Mere Non-Signing Won't Invalidate Arbitration Agreement If Parties Otherwise Consented To Arbitration : Supreme Court

The Supreme Court observed that merely because an arbitration agreement was not signed, there is no bar to refer the dispute to arbitration, if the parties have otherwise consented to arbitration.The bench comprising Justices Sanjay Kumar and Satish Chandra Sharma set aside the Delhi High Court's decision which declined reference to arbitration merely because Respondent No.1 didn't sign...

Non-Signatory Must Have Live & Proximate Connection To Arbitration Agreement For Being Pulled Into Proceedings U/S 9 Of A&C Act: Telangana HC

The Telangana High Court Division Bench comprising of Justice Moushumi Bhattacharya and Justice B.R. Madhusudhan Rao has observed that for being pulled into the proceedings u/s 9 of the Arbitration & Conciliation Act, a non-signatory must have a live and proximate connection to arbitration agreement. The bench observed that the law has pushed the boundaries to pull in non-signatories...

Three-Month Deadline For Passing Arbitral Award Under NSE Byelaws Is Directory And Not Mandatory: Bombay High Court

The Bombay High Court Bench of Justice Somasekhar Sundaresan while deciding a petition under Section 34, Arbitration and Conciliation Act, 1996 (“ACA”) had an occasion to interpret Rule 13, National Stock Exchange (“NSE”) Byelaws. The Court held that Rule 13(b) which provided that arbitral award under the Rules must be rendered within three months from the date of entering...

Delhi High Court Issues Notice On Plea Challenging Appointment Of Ex-Railway Officials As Arbitrators In Railway Dispute

The Delhi High Court bench comprising Justice Amit Bansal has issued notice in a petition filed under Section 14 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), seeking termination of the mandate of the Standing Arbitral Tribunal (“SAT”) constituted by the Union of India, West Central Railway (“Respondent”) in view of the ruling of the Supreme Court...

Proceedings Between Expiry Of Arbitrator's Mandate And Its Extension Are Not Void If Mandate Is Extended: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar held that proceedings conducted by the Arbitrator between the expiry of the mandate and its subsequent extension cannot be declared void once the application seeking extension is allowed. Upon extension, the mandate relates back to the date of expiry. The present application has been filed seeking extension of the...

Failure To Frame Counter Claim As An Additional Issue When It Forms Part Of Pleadings Is Patently Illegal: Delhi High Court

The Delhi High Court Bench of Justice Jasmeet Singh has observed that once the reasons/basis for a counter claim, the amount and computation of the counter claim had been made in the Reply, it does not matter if there is no specific prayer in the prayer clause. In such a scenario, an arbitral award refusing to frame an issue for the counter claim would be patently illegal and would...

Interim Injunction U/S 9 Of Arbitration Act Cannot Be Granted To Prevent Convening Of Meeting For Removal Of Director: Delhi High Court

The Delhi High Court bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar has observed that an interim injunction under section 9, Arbitration and Conciliation Act, 1996 (“ACA”) cannot be granted to prevent convening of extraordinary general meeting for removal of a director as it effectively amounts to grant of final relief and impinges upon statutory powers conferred to...