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Showing posts with label arbitration award. Show all posts
Showing posts with label arbitration award. Show all posts
Sunday, 29 December 2024

Delhi HC: Award Is Time-Barred U/S 34(3) Of Arbitration Act Due To Petitioner's Failure To Confirm Award Receipt On Affidavit

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 In this case, there is a specific instruction for the Administrative Assistant to the Tribunal to serve a copy of the award. Other than the...
Sunday, 29 October 2023

Whether service of scanned copy of arbitral award by email is valid service of signed copy of award so as to start limitation for filing an application U/S 34 of Arbitration Act?

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When scanned signed copy of order dated 07th March, 2018 was received by petitioner by email dated 22nd May, 2018 and scanned signed copy of...
Monday, 7 February 2022

Can a party challenge interest awarded by arbitrator U/S 34 of arbitration Act if there is no prohibition for granting an interest in an arbitration agreement?

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  The contention that the arbitral award is vitiated as the Arbitral Tribunal has awarded exorbitant interest is equally unmerited. The Arbi...

Delhi HC: Arbitral Award Is To Be Executed At A Place Where Judgment Debtor Resides, Carries Business Or Has Assets

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 There is no justification for filing an execution petition before the  court within whose jurisdiction the arbitral award was passed, and t...
Sunday, 30 January 2022

Whether it is mandatory to register an arbitration award that provides for the partition of Properties in the future?

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On a perusal of the award which is in the form of a resolution, it is clear that there was no right created in any specific item or asset of...
Sunday, 23 January 2022

Whether a party can challenge jurisdiction of arbitrator during execution of arbitration award?

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The contention raised was as follows: 1. As per Section 36 of the  Arbitration  & Conciliation Act, 1996, an arbitral award is to be exe...
Wednesday, 23 June 2021

Whether Foreign State can claim sovereign immunity against enforcement of arbitral award arising out of the commercial transaction?

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   The prior consent of Central Government is not necessary under Section 86(3) of the Code of Civil Procedure to enforce an arbitral award ...
Monday, 30 November 2020

Whether application U/S 34 of Arbitration Act is maintainable to challenge foreign arbitration award?

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The Appellant, which was granted special leave, challenges a judgment of the Bombay High Court1.  It urges that the impugned judgment is err...
Wednesday, 11 November 2020

Whether executing court can give relief to decree-holder beyond the scope of decree or arbitration award?

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From the facts of this case, it is clear that the Award passed by the Arbitrator could not be independently executed, as the same was only f...
Friday, 5 June 2020

Supreme Court: Award passed in domestic Arbitration after 2015 Amendment can be set aside on ground of patent illegality

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Pursuant to the recommendations of the Law Commission, the 1996 Act was amended by Act 3 of 2016, which came into force w.e.f. 23.10.2015....
Thursday, 9 April 2020

Whether Arbitration award remains enforceable if one of arbitrator withdraws after the conclusion of the argument?

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  It is for this reason that the Legislature appears to have provided in Section 31(2) of the 1996 Act that where the Arbitral Tribunal ...
Thursday, 31 October 2019

Supreme Court: Government is not entitled to get unconditional stay to execution of arbitration award

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 It may be true that the Code of Civil Procedure provides for a differential treatment to the Government in certain cases, but the same ma...
Friday, 26 July 2019

Supreme Court set aside Arbitration award on ground that arbitrator has represented one of party in another case

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If the above provision is kept in view, though technically as on 27.02.2004 when the storage receipt was drawn out and the Arbitration Cla...
Sunday, 17 March 2019

Whether Arbitration award can be enforced against non signatory to arbitration agreement?

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The present case relates to a post award situation. The enforcement of the arbitral award has been sought against the Appellant on the ba...
Monday, 4 March 2019

Whether court can undertake independent assessment of merits of arbitration award in arbitration appeal?

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 Before proceeding further, we find it necessary to briefly revisit the existing position of law with respect to the scope of interference...
Friday, 1 March 2019

Whether arbitration can be initiated again if arbitration award is set aside?

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A plain reading of the aforesaid passage also clearly indicates that once an award has been set aside, the parties would be free to begin ...
Sunday, 10 February 2019

When court should set aside award passed by arbitrator even if he has taken plausible view?

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Once we interpret the formula in the manner indicated above, the necessary consequences would be to hold that the Arbitral Tribunal(s) d...
Wednesday, 6 February 2019

Whether court should appoint substitute arbitrator if there is delay in passing of arbitration award?

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 It is true that there was some delay in passing the award. However, between 2011 and 2013, the respondent has not filed any applicatio...
Tuesday, 20 November 2018

Whether application for enforcement of foreign arbitral award can be dismissed if necessary documents were not filed along with application?

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 It is relevant to note that there would be no prejudice caused to the party objecting to the enforcement of the Award by the non-filin...