• Annual Arbitration Review 2018

    R.V. Solutions Pvt. Ltd. v. Ajay Kumar Dixit & Ors.

    Reading Time: 2 minutes Citation: 2019 SCC Online Del 6531 CS Comm 745/2017 Coram: Jayant Nath Date: 15thJanuary, 2019 Overview: The Delhi High Court held that a non-signatory or third party could be subjected to Arbitration without its consent only in exceptional cases. For it to be exceptional, there needs to be a direct relationship with the signatory party to the Arbitration Agreement or there must exist commonality of the subject matter, or composite transactions in the agreement between the parties. Facts: The plaintiff, R. V. Solutions Pvt. Ltd., is a company providing quality mobile repairing and maintenance and IT services and solutions to its clients which has established itself.…

  • Annual Arbitration Review 2018

    Purushottam S/o Tulsiram Badwaik v. Anil & Ors.

    Reading Time: 2 minutes Citation: Civil Appeal No.4664 of 2018 Coram: Uday Umesh Lalit, Arun Mishra Date: 2ndMay, 2018 Overview: The Supreme Court observed that even if an arbitration agreement entered into after the 1996 Act had come into force were to make a reference to the applicable provisions of those under the 1940 Act, these references would not be considered and only the 1996 Act would be referred to. Moreover, the Court also held that an incorrect reference regarding the applicability of the 1940 Act would by itself not invalidate the entire arbitration agreement. Facts: The two parties entered into a partnership agreement which contained an arbitration clause which…

  • Annual Arbitration Review 2018

    Mother Boon Foods Pvt Ltd v. Mindscape One Marketing Pvt Ltd O.M.P.

    Reading Time: 2 minutes Citation: (COMM) 136/2017 Coram: Prathiba M. Singh Date: 27thAugust, 2018 Overview: This judgment considers a situation wherein even though the arbitration agreement envisages the appointment of a sole arbitrator being appointed, an arbitral tribunal consisting of thee arbitrators is formed. The Court considers whether an award which is passed by the tribunal is valid or can be set aside. The Court held that the award could be set aside in this instance as the appointment of a sole arbitrator as contemplated in the arbitration agreement was not followed. Moreover, the Court also held that agreements which modified the original arbitration agreement would have to be in…

  • Annual Arbitration Review 2018

    Kishan v. M/S Vijay Nirman Company Pvt. Ltd

    Reading Time: 3 minutes Citation: Civil Appeal No. 21824 of 2017 Coram: R.F Nariman, Indu Malhotra Date: August 14, 2018 Overview: This case primarily revolves around the relationship between the Arbitration Act and the Insolvency and Bankruptcy Code and which one would prevail in situations where an Award has been challenged under Section 34 of the Arbitration Act and there have been proceedings initiated by operational creditors under Section 9 of the IBC. Facts: M/s Vijay Nirman Company Pvt. Ltd (“Respondent”) and M/s Ksheerabad Constructions Pvt. Ltd. (“KCPL”) entered into an agreement for the construction and widening of the existing two-lane highway. Subsequently, disputes between the parties and to arbitration proceedings for which…

  • Annual Arbitration Review 2018

    M/S Emaar MGF Land Limited & Anr. v. Aftab Singh

    Reading Time: 2 minutes Citation: 2018 SCC Online SC 2771 Coram: R.F. Nariman, Vineet Saran Date: February 28th, 2019 Overview: This case deals with the arbitrability of consumer disputes and whether having an arbitration clause can oust the jurisdiction of the consumer forum. In this particular instance, the Court held that consumer disputes could not be referred to for arbitration as they dealt with rights in rem as well as analysing Section 8 of the Arbitration and Conciliation Act both before and post the 2015 amendment in order to understand whether arbitration could be given preference. Facts: A consumer dispute around the delivery of possession of a flat by Emaar…

  • Annual Arbitration Review 2018

    Cheran Properties Ltd. v. Kasturi and Sons Ltd. & Ors.

    Reading Time: 3 minutes Citation:Civil Appeal 10025/2017 Coram:D Chandrachud,  M Khanwilkar, Misra Date:April 24, 2018 Overview: In this case, the Supreme Court interpreted provisions regarding execution of awards under the Arbitration Act with respect to the power of another forum other than the civil courts to execute particular remedies under arbitral awards. Moreover, the Court also looked at the binding nature of arbitration agreements on third parties and whether they were valid. Facts: Sporting Pastime India Limited (‘SPIL’) is a wholly owned subsidiary of Kasturi & Sons Limited (‘KSL’), which entered into an agreement with KC Palanisamy (‘KCP’), KSL and another entity for transfer shares. Cheran Properties Limited (Cheran) was a…

  • Annual Arbitration Review 2018

    Bar Council of India v. A.K. Balaji & Ors.

    Reading Time: 3 minutes Citation: (2018) 5 SCC 379 Coram:  Adarsh Kumar Goel, Uday Umesh Lalit Date: March 13th, 2018 Overview: The Supreme Court in this decision essentially settled the law on the scope of foreign lawyers to participate in arbitration proceedings in India. Moreover, they also looked into the interpretation of the words “practise the profession of law” and looked at the scope of foreign lawyers to practise law in India. Facts: This case came to the Supreme Court as an appeal to the decisions given by the Madras High Court and Bombay High Court on the subject matter. The Madras High Court had held that foreign lawyers could…

  • Annual Arbitration Review 2018

    ARSS Infrastructure Projects Ltd. v. Calcutta Haldia Port Road Company Ltd.

    Reading Time: 2 minutes Citation:2018 SCC Online Del 10689 Court:Delhi High Court Date of Judgment: 16-August-2018 Coram:J. Navin Chawla Issue:Can the Court interfere and modify or set aside an enforcement award in cases with conflict of post award interest? Facts: The petition filed by the Petitioner is an enforcement petition for the award passed by a Sole arbitrator and later enforced by the court on 10.05.2013. The award is for the payment of a certain sum by the respondent to the petitioner which includes the principal sum plus the pre award interest and also the post award interest. The amount to be paid was 2,91,83,200 which was paid by the…

  • Annual Arbitration Review 2018

    M/s. Cinevistaas Ltd. V. M/s. Prasar Bharti, O.M.P. (COMM) 31/2017

    Reading Time: 2 minutes Citation: O.M.P. (COMM) 31/2017 Date of Judgment: 12-February-2019 Court: Delhi High Court Coram: J. Prathiba M. Singh Issue: Can an award for allowing/rejection of an interim application be challenged under section 34 of the Arbitration Act prior to passing of a final award. Facts:  The petitioners in the case had an agreement in which they had undertaken production of a game and the telecast of which was approved by the Respondents. The Respondent is a public service broadcaster and on a later date they informed the petitioners that they will air the show and hence the petitioner invoked arbitration and a Sole Arbitrator was appointed by…

  • Annual Arbitration Review 2018

    Daiichi Sankyo Company Ltd. v. Malvinder Mohan Singhndhra & Ors

    Reading Time: 3 minutes Citation:2018 SCC OnLine Del 6869 Court:High Court at New Delhi Date of Judgment: 31-January-2018 Coram:J. Jayant Nath Issue:Whether a foreign award against a minor can be enforced in India? Facts: The Petitioners in this case agreed to purchase from the Respondents their entire stake in the company Ranbaxy Laboratories Limited (RLL) of around 1980 crores under a Share Purchase and Share Subscription Agreement making the entire payment in November 2008. After a year, the petitioners discovered that an Self-Assessment Report (SAR) which contained relevant information about  RLL conducting fraudulent practices against certain regulators to get  certain permits. The petitioners stated that this led to investigations by…

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