Oral Arbitration Agreements and High Courts’ Power to Recall an Order Appointing Arbitrator under Section 11

Last month, the Supreme Court reaffirmed in Municipal Corporation of Greater Mumbai & Anr. v. Pratibha Industries Ltd (Pratibha Industries) that High Courts, being courts of record, have the inherent power to recall their own orders, even in matters falling under the Arbitration and Conciliation Act, 1996 (Arbitration Act). In a peculiar factual matrix of…

IAB Annual Review: India’s Key Judicial Developments on Arbitration Law in 2018

2018 was a rather interesting year for India’s evolving arbitration landscape. Among other things, last year witnessed several clarificatory decisions on arbitration that were much needed for much long. While Parliament was preparing to enact yet another amendment to the Arbitration and Conciliation Act, 1996 (Arbitration Act), Indian courts continued to interpret and flesh out…

Bombay High Court Decides Key Questions on How the Limitation Act Applies to an Application Seeking Arbitrator Appointment

  This guest post is authored by Saurish Shetye. Saurish works with a Mumbai-based law firm. He can be reached at saurish.shetye@gmail.com The Bombay High Court has recently confirmed in Deepdharshan Builders Pvt. Ltd. vs. Saroj that provisions of the Limitation Act, 1963 (Limitation Act) are applicable to applications filed under Section 11(6) of the Arbitration and…

ILS Law College and PACT to hold 2-day Workshop on Commercial Arbitration, Mediation and Negotiation Skills (8-9 Jan 2019)

ILS Centre for Arbitration (ILSCA), in association with Peacekeeping and Conflict Resolution Team (PACT), is organizing a two day workshop on “ADR Methods with exclusive Focus on Commercial Arbitration, Mediation and Negotiation skills” on 8 and 9 January 2019 at ILS Law College, Pune. This workshop will provide participants with core arbitration, mediation and negotiation…

Post-award interim relief remains available from Court unless truly efficacious to approach Arbitral Tribunal: Kerala High Court

In M. Ashraf v. Kasim (2018), the Kerala High Court (HC) reversed a lower court’s finding that no relief can be sought under Section 9(1) of the Arbitration and Conciliation Act, 1996 (Arbitration Act/the Act) at a time when the final arbitral award has already been passed. As discussed below, the Kerala HC also clarified…

India’s See-sawing Approach to Section 11 – Good Sense Prevails

This guest post is authored by Rishabh Malaviya. Rishabh is an advocate at Arista Chambers, Bangalore. He can be contacted via email at malaviyarishabh@gmail.com. The Indian Supreme Court’s recent decision in the case of United India Insurance Co. Ltd. & Anr. v Hyundai Engineering and Construction Co. Ltd. & Ors. is a welcome (albeit partial) clarification of…

Delhi High Court Declines Determination of Res-judicata in Section 11 Application, Appoints Arbitrator

The Petitioner in Parsvnath Developers v. Rail Land Development Authority[1] requested the Delhi High Court to appoint a nominee arbitrator for the recalcitrant Respondent under Section 11 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act), in a dispute arising out of a development agreement (the Agreement). The Respondent resisted the Petitioner’s request on…

Supreme Court’s Modification of Dual Interest Rate in India-seated ICA Award: An Unwarranted Interference?

Disputes arose between Vedanta and Shenzen Shedong under four EPC contracts; each providing for arbitration seated in Mumbai governed by Indian law. While Shenzen sought damages in US Dollars, Euros and Indian Rupees, the tribunal allowed only the latter two. The tribunal also awarded a 9% uniform interest on the decretal amount, calculated from the…

Arbitral Award held Enforceable even against Non-parties to Agreement and Arbitration Proceedings

In a well reasoned judgment dated 24 April 2018, a full bench of the Supreme Court (SC) in Cheran Properties Limited v Kasturi and Sons Limited (Cheran Properties Ltd.) has observed that arbitral awards are binding on and enforceable even against persons who are neither party to the arbitration agreement nor the arbitration, when such non-party…