• Annual Arbitration Review- 2017,  Arbitration

    Union of India v. Simplex Infrastructure: Applicability of Section 37 of the Arbitration and Conciliation Act, 1996

    Reading Time: 2 minutes This is a landmark case about the application of Section 37 of the Arbitration and Conciliation Act of 1996 (herein referred to as the “statute”). It clarified the position of law that an appeal could be allowed only against the setting aside of an arbitral award or refusal to set it aside under Section 37(1)(c). However, there was no appeal against an order of condonation of delay by a court of competent jurisdiction under Section 34. Thus, no intra-court appeal against condonation of delay by a Single Judge in an application to set aside an arbitral award is allowed.

  • Arbitration

    The Arbitrability Conundrum : An Assessment of Non-Arbitrability Of Lease Disputes in India

    Reading Time: 3 minutes Introduction- India is considered to be a pro-arbitration centre by the world and is shaping its Arbitration and Conciliation Act, 1996 (“Act”) in order to become a hub for arbitration world-wide. There have been many improvements in the Act in order to achieve its goal but it is paradoxical that the horizon of disputes which are non-arbitrable have increased, one among them is lease disputes. The Issue of Arbitrability: The Arbitration and Conciliation Act does not specify which disputes are arbitrable or which are not. This issues has been left for the Courts to deliberate upon. 1) It was in Natraj Studio’s case[1] where the landlord…

  • Annual Arbitration Review- 2017,  Arbitration

    Himangni Enterprises v. Kamaljeet Singh Ahluwalia: Arbitrability of Lease Disputes

    Reading Time: 6 minutes This case deals with the non-arbitrability of disputes pertaining to tenancy/eviction/rent matters, which in effect cements the list of non-arbitrable disputes laid down in the Booz-Allen case.[2] By applying the list laid down in Booz-Allen by a straight jacket formula, the court has taken a decision overlooking the intention of the parties. Party autonomy has yet again taken a back seat and an anti-arbitration approach has been taken by The Apex Court. This judgement becomes important in the context of parties intending to include an arbitration clause in their lease deed, which in effect would become redundant.

  • Annual Arbitration Review- 2017,  Arbitration

    Kores v. Arnav: Fraud and Forgery under Section 11 of the Arbitration and Conciliation Act, 1996

    Reading Time: 5 minutes This is a landmark case on the validity of arbitration agreements in general. Though the question of fraud and forgery was not specifically discussed by the court, its stand on the validity of such agreements in contracts has set the tone for courts across the country when the facts are suspicious about the veracity of such agreements.

  • Arbitration

    Appointment of a New Arbitrator by a Disqualified Arbitrator: A Critique of TRF Ltd. v. Energo Engineering Projects Ltd.

    Reading Time: 5 minutes The agreement between TRF Ltd. and Energo Engineering stipulated that the Managing Director of the buyer (Energo, in this case) was to act as the arbitrator or nominate an arbitrator to the dispute. This is prima facie a valid arbitration clause. TRF Ltd. challenged the neutrality and impartiality of the arbitrator in a Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) application before the High Court of Delhi. The matter reached the Supreme Court by way of an appeal by special leave to determine whether it is “justified to repel the submissions that once the arbitrator becomes ineligible to…

  • Arbitration

    Arbitration as a mode of Dispute Resolution for Copyright Matters in India

    Reading Time: 5 minutes The authors aim to identify the viability of using arbitration as a mechanism to resolve copyright disputes in India. Introduction Intellectual property rights provide an avenue for creators to exercise their power over third parties stealing their creation without seeking permission, terming them as their own and deriving monetary benefits out of the same. Currently, the holders of intellectual property are expected to be cautious and take recourse to the courts in the event of infringement of their copyrights. Although the Indian judiciary has made significant efforts to ensure the development of an intellectual property regime in India, it would go a long way in achieving…

  • Arbitration

    Enforceability of Foreign Awards Against Minors in India

    Reading Time: 6 minutes In the recent judgement of Daiichi Sankyo Company Limited (Petitioner) v. Malvinder Mohan Singh and Ors. (Respondents) (2018), the Delhi High Court enforced a foreign arbitration award, yet inter alia declared that the award of damages against minors is illegal, non est and void as it is opposed to the public policy of India. This article solely discusses the issue with respect to minors. Background In the case, the respondents had fraudulently induced the petitioner to acquire their shares by concealing a document that stated the genesis, nature and severity of pending investigations by the US Food and Drug Administration (FDA) and Department of Justice (DOJ).…

  • Arbitration

    The Joinder of Non-signatories to Arbitration: Discussion on the Recent Ameet Lalchand Case

    Reading Time: 4 minutes Introduction Arbitration has come to the fore as a viable alternative to the Court system for resolution of disputes. The Arbitration and Conciliation Act (“ACA”), 1996 governs the procedural aspects of this mechanism. It has been modified multiple times over the years to get into place an efficient dispute settlement mechanism. The statute is divided into two parts – Part I applies to domestic arbitrations while Part II applies to foreign-seated arbitrations. In the case of Balco[1], the Supreme Court confirmed this separation and held that Part I and II would never apply simultaneously to an arbitration proceeding. While the Arbitration and Conciliation (Amendment) Act, 2015…

  • Arbitration

    Conundrum relating to the applicability of the Arbitration and Conciliation (Amendment) Act, 2015

    Reading Time: 3 minutes Brief Background The BCCI v. Kochi Cricket Private Limited was heard by the Apex court to finally but partially settle the uncertainty pertaining to Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 (“Amendment Act”). Section 26 in the Amendment Act refers to the applicability of the amended provisions to proceedings filed prior to the commencement of the Amendment Act. The court stated that Section 26 consisted of two distinct segments with the former pertaining “to arbitration proceedings” and the latter being associated with court proceedings, which were “in relation to” arbitration proceedings. The Section 26 is worded as follows: “Nothing contained in this Act…

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