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Showing posts with label s 34 of Arbitration Act. Show all posts
Showing posts with label s 34 of Arbitration Act. Show all posts
Monday, 25 May 2026

Delhi HC: Drawing the Line: When Does a Procedural Order Become an “Interim Award” in Arbitration?

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Introduction The Delhi High Court’s decision in Eureka Forbes Ltd v Indian Railway Catering and Tourism Corporation   Decided On: 12.05.2026...

When Procedure Ends and Adjudication Begins: The Law of Interim Awards in Arbitration

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 In light of the foregoing discussion and the judicial precedents noticed hereinabove, the governing test for determining whether an order q...
Wednesday, 15 April 2026

Supreme Court: New grounds containing new material/facts could not have been introduced for the first time in an appeal when admittedly these grounds were not originally raised in the arbitration petition for setting aside the award

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The question then arises, whether in the facts and circumstances of the present case, the High Court committed any error in rejecting the ap...

Supreme court: Do the principles relating to amendment of pleadings in original proceedings apply to the amendment in the grounds of appeal?

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 Do the principles relating to amendment of pleadings in original proceedings apply to the amendment in the grounds of appeal?  Order XLI Ru...
Wednesday, 25 March 2026

When the Signature Becomes the Case: Delhi High Court on Proof of Contract, Defective Notarisation and the Limits of Section 34 of Arbitration Act

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In arbitration, a claim founded on a disputed contract cannot survive unless the contract itself is first proved. The Delhi High Court’s de...
Tuesday, 2 December 2025

What is difference between Section 34 of arbitration Act and Section 37 of the Arbitration Act?

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Understanding the distinction between Section 34 (application for setting aside an arbitral award) and Section 37 (appealable orders) is cru...
Sunday, 2 March 2025

Delhi HC: Whether the court should direct deposit of Arbitration award amount U/S 9 of Arbitration Act?

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Arbitration -Amount awarded -Deposit of -Sections 9 and36 of Arbitration and Conciliation Act, 1996 -Present petition filed under Section 9 ...
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...
Wednesday, 25 December 2024

Supreme Court: S. 14 Limitation Act is Applicable To Proceedings Under Arbitration & Conciliation Act

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  Having considered the matter in detail, we are of the opinion that the issue is covered by the decision of this court in Consolidated Engg...

Supreme Court direct National highway authority of india to make part payment of compensation for acquired land

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 Having heard learned counsel for the parties, we deem it appropriate to dispose of the present proceedings with the following directions: i...

Whether the court can direct part payment of compensation amount during pendency of application challenging arbitration award U/S 34 of Arbitration Act?

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7. We disapprove the entertaining of such writ petitions Under Article 226 of the Constitution of India to execute the award passed by the l...
Sunday, 22 December 2024

Bombay HC: Arbitral Award can be executed by the court which passed it or by the Court to which it is sent for execution

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Conclusion: 26. In the light of aforesaid discussion, we find that after an award attains finality and the stage as contemplated by provisio...
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...
Sunday, 19 March 2023

Delhi HC: Arbitrator Can Declare Terms Of Contract Null, Even If No Declaration Is Sought By The Party In Its Pleadings

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   It further held that because the rate of interest was left blank in Clause  60.8 (b) in the Appendix to the Bid to which a reference was ...
Friday, 9 December 2022

Whether Court Can Condone the Delay in Re-filing the Application to Set Aside A Domestic Award Beyond 3 months and 30 days?

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  The cases of delay in re-filing are different from cases of delay in filing inasmuch as, in such cases the party has already evinced its i...
Sunday, 24 April 2022

Whether the order of the arbitrator refusing to entertain a counterclaim is the interim award?

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  Section 34 of the 1996 Act allows recourse to a Court against any "arbitral award". "Arbitral award" is defined in Sec...

Can the arbitrator refuse to entertain a counterclaim if it is not as per his liberty?

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  The right of the petitioner to file counter-claims exists independent of any liberty granted by the learned Arbitral Tribunal. It is alway...
Tuesday, 12 April 2022

Whether the Commercial court can call record from arbitral tribunal for deciding an application U/S 34 of Arbitration Act?

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Perusal of Section 34 (2) (a) of the Act reveals that Court may set aside the award if the party making the application establishes on the b...
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...
Tuesday, 14 December 2021

Can an arbitrator award interest on delayed payment of the contractual amount in a government contract?

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    In the case of Bright Power Projects (supra), it has been opined by this Court that unless otherwise agreed by the parties, the Arbitral...