• Annual Arbitration Review 2018

    National Highways Authority of India v Gammom Engineers Contractor Private Limited

    Reading Time: 4 minutes Judgment: National Highways Authority of India v Gammom Engineers Contractor Private Limited   Citation: O.M.P. (T) (COMM.) 39/2018 & I.A. Nos. 6559 and 9228/2018   Court: The High Court of Delhi   Coram: Navin Chawla, J.   Date: 20 July 2017   Overview: A petition had been filed under Section 14 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) seeking termination of the mandate of the Arbitral Tribunal as the Tribunal was charging a fee different from the agreement between the parties.  The court held that the Tribunal was bound by the fees fixed in the Agreement between the parties.  …

  • Annual Arbitration Review 2018

    National Highways Authority of India v BSC-RBM-PATI Joint Venture

    Reading Time: 4 minutes Judgment: National Highways Authority of India v BSC-RBM-PATI Joint Venture   Citation: O.M.P. No. 518/2016   Court: The High Court of Delhi   Coram: Deepa Sharma, J.   Date: 22 September 2019   Overview: A petition was filed against an interim award passed by an arbitrator whereby; a certain sum was payable along with interest at 12% per annum compounded monthly. It was alleged that the award interim award suffered from patently illegalityand hence, was against the public policyof India.   Issue: (1) Whether the Order of the Arbitrator amounts to granting interest upon interest? (2) Whether an Arbitrator can grant compound interest? (3) Whether grant…

  • Annual Arbitration Review 2018

    Union of India v. Vodafone Group Plc United Kingdom & Anr

    Reading Time: 2 minutes Citation: CS (OS) 383/2017 Coram: Justice Manmohan Date: 7thMay, 2018 Overview: With respect to arbitration proceedings, this case was with regards to anti-arbitration injunctions and whether they should be allowed. The Court held that in this instance two separate claims could not be made by the parties under two different Bilateral Investment Protection Agreements as this would be unjust and would lead to an abuse of legal rights by the entity. This was also held because the parties were identified to be a single entity by relaying on the group of companies doctrine. Facts: Vodafone Group PLC is the parent company of several subsidiaries of which…

  • Annual Arbitration Review 2018

    Vidya Drolia & Ors. v. Durga Trading Corporation

    Reading Time: 2 minutes Citation: Civil Appeal No. 2402 / 2019 Coram: R. F Nariman, Vineet Saran Date: February 28, 2019 Overview: This judgement looks at the arbitrability of disputes which are governed by the provisions of the Transfer of Property Act and in order to do this, analyses the precedents pertaining to this issue. Facts: The following case arose due to tenancy related issues and whether disputes which were governed by the provisions of the Transfer of Property Act could be arbitrable. In this case, the applications under Section 11 of the Arbitration Act as well as the review and recall applications made by the tenant were rejected by…

  • Annual Arbitration Review 2018

    Union of India v. Hardy Exploration and Production (India) Inc

    Reading Time: 2 minutes Citation: Civil Appeal No. 4628 of 2018 Court: Supreme Court of India Coram: Dipak Misra Date: September 25, 2018 Overview: In this case, the Supreme Court of India was presented with the question of which law would be applicable to post-award arbitration proceedings when only the venue and not the seat had been agreed upon by the parties. The Court here, in order to determine the seat, interpreted the arbitration agreement as well as the references made to the UNCITRAL Model Law on International Commercial Arbitration. Issue: When the arbitration agreement specifies the “venue” for holding the arbitration but does not specify the “seat”, then on…

  • 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…