[This guest post is authored by Mona Das, 3rd year BBA LLB (Hons.) student at Kirit P Mehta School of Law, NMIMS, Mumbai] Murky Waters of Quasi-Unilateral Appointment of Arbitrator Introduction Arbitration, as a mode of dispute resolution, is known or preferred for its fundamental principle of autonomy of parties. Under the aegis of autonomy, … Continue reading Murky Waters of Quasi-Unilateral Appointment of Arbitrator
Arbitrator Appointment
BSNL v. Nortel: Supreme Court on Limitation Period for Section 11 Applications and Refusal of Ex-facie Time Barred Claims
[This guest post is authored by Paridhi Galundia. She is currently studying in the 4th Year of her B.A.LLB (Hons.) at Institute of Law, Nirma University] BSNL v. Nortel: Supreme Court on Limitation Period for Section 11 Applications and Refusal of Ex-facie Time Barred Claims In one of her last judgments, Bharat Sanchar Nigam Ltd. … Continue reading BSNL v. Nortel: Supreme Court on Limitation Period for Section 11 Applications and Refusal of Ex-facie Time Barred Claims
Court’s Power under Section 11 when a Party Challenges the Discharge of a Contract Containing an Arbitration Clause
[This post is co-authored by our guest, Manasi M. Kalvit. Manasi is a lawyer with the Dispute Resolution team at Tatva Legal, Mumbai and can be reached at manasikalvit@gmail.com] In United Insurance Co. Ltd v. Antique Art Exports Pvt. Ltd., the Supreme Court refused to appoint an arbitrator on grounds that the underlying … Continue reading Court’s Power under Section 11 when a Party Challenges the Discharge of a Contract Containing an Arbitration Clause
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 … Continue reading Oral Arbitration Agreements and High Courts’ Power to Recall an Order Appointing Arbitrator under Section 11
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 … Continue reading Bombay High Court Decides Key Questions on How the Limitation Act Applies to an Application Seeking Arbitrator Appointment
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 … Continue reading India’s See-sawing Approach to Section 11 – Good Sense Prevails
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 … Continue reading Delhi High Court Declines Determination of Res-judicata in Section 11 Application, Appoints Arbitrator
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