Thus, even stipulation in Section 10 that number of Arbitrators “shall not be an even number” was found to be a derogable provision and since no objections were raised to the composition of the Arbitral Tribunal, as provided in Section 16, the concerned respondents were deemed to have waived their right to object. Case name: …
Quippo Construction Equipment Limited V/s Janardan Nirman Pvt. Limited Read More »
Invoking the doctrine of “group of companies”, it went on to observe that an arbitration agreement entered into by a company, being one within a group of corporate entities, can, in certain circumstances, bind its non-signatory affiliates Case name: Reckitt Benckiser (India) Private Limited Versus Reynders Label Printing India Private Limited and Anr. Case number: …
The Arbitration Clause empowering the “Company‟ to appoint the Sole Arbitrator in the present case would be vitiated in the light of the law laid down by the Supreme Court in the case of Perkins Case name: Proddatur Digi Cable Services V/s Siti Cable Network Limited Case number: O.M.P. (T) (COMM.) 109/2019 and I.A. 17896/2019 …
Proddatur Digi Cable Services V/s Siti Cable Network Limited Read More »
Unless the appointment of the arbitrator is ex facie valid and such appointment satisfies the Court exercising jurisdiction under Section 11(6) of the Arbitration Act, acceptance of such appointment as a fait accompli to debar the jurisdiction under Section 11(6) cannot be countenanced in law. Case name: Perkins Eastman Architects Dpc Vs. Hscc (India) Limited …
Perkins Eastman Architects Dpc Vs. Hscc (India) Limited Read More »
“Whatever advantage a party may derive by nominating an arbitrator of its choice would get counter balanced by equal power with the other party.” Case name: Perkins Eastman Architects DPC & Anr. V. HSCC (India) Ltd. Case number: ARBITRATION APPLICATION NO.32 OF 2019 Court: THE SUPREME COURT OF INDIA Bench: HON’BLE MR. JUSTICE UDAY UMESH …
Perkins Eastman Architects DPC & Anr. V. HSCC (India) Ltd. Read More »
“When the special law sets out a selfcontained code, the application of general law would impliedly be excluded.” Case name: Union of India v/s Pradeep Vinod Construction Company Case number: CIVIL APPEAL NO(s). 69586959 OF 2009 Court: The Supreme Court of India Bench: Justice N.V. Ramana, Justice Ajay Rastogi, Justice Mohan M. Shantanagoudar Decided on: …
National Highways Authority of India v/s Sayedabad Tea Company Ltd. & Ors Read More »
A perusal of the arbitral award clearly indicates that the arbitral tribunal has refused to lift the corporate veil after considering the evidence produced by both the parties and has rendered finding of fact that no such case was made out by the petitioners for lifting the corporate veil which are not perverse and thus …
Oil and Natural Gas Corporation Ltd. V . M/s. Jindal Drilling and Industries Limited Read More »
“Unilateral appointment of arbitrator is unsustainable” [Case Brief] Score Information Technologies Limited Vs. Gr Infra Projects Limited Case name: Score Information Technologies Limited Vs. Gr Infra Projects Limited Case number/Citation: O.M.P. (T) (COMM.) 59/2020 Court: Delhi High Court Decided on: January 28, 2021 Relevant Act/Sections: Section 12 of Arbitration and Conciliation Act, 1996 …
Score Information Technologies Limited Vs. Gr Infra Projects Limited Read More »
“The fact that a named arbitrator is an employee of one of the parties is not ipso facto a ground to raise a presumption of bias or lack of independence on his part.” [Case Brief] SP Singla Constructions Pvt. Ltd. vs State Of Himachal Pradesh Case name: SP Singla Constructions Pvt. Ltd. vs State Of …
SP Singla Constructions Pvt. Ltd. vs State Of Himachal Pradesh Read More »
A reasonable interpretation to Section 34 would only lead to an irresistible conclusion that the Court can modify or vary the award of the arbitrator if it is contrary to the material evidence adduced by the parties. Case Name: M/S. ISG Novasoft Technologies Limited Versus Ms. Gayatri Balasamy And Anr. Case Number: Original Side Appeal …
M/s. ISG Novasoft Technologies Limited Versus Ms. Gayatri Balasamy and anr. Read More »
