Court’s Role in Appointing Arbitrator when the Contract is Insufficiently Stamped: Then and Now

Recently, in Damont Developers v Brys Hotels[i] (Damont Developers), the Delhi High Court appointed an arbitrator under Section 11 of the Arbitration and Conciliation Act 1996 (Arbitration Act) even though the memorandum of understanding (MoU) containing the arbitration clause was alleged to be insufficiently stamped. The Delhi HC observed that it is well within an…

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…

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…