The Supreme Court has upheld a tribunal’s discretion to condone Doosan Power’s 84-day delay in filing its defence, ruling that arbitral rules “are meant to guide and not bind.” The Court rejected Aneja Constructions’ plea, affirming party autonomy remains subject to fairness and justice.
Top Indian legal experts emphasize the need for arbitrators to act cautiously and fairly when fraud is suspected, even if not formally raised. Discussions highlighted the importance of procedural steps to balance efficiency with due process. The integrity of arbitration is crucial, especially in cases involving significant public funds and potential collusion.
Today, On 16th May, The Delhi High Court approved SpiceJet’s appeal, overturning a previous order to refund Rs. 270 crore to Kalanithi Maran. This marks a legal victory for SpiceJet in the long-standing dispute with Maran. The court upheld an Arbitral Award, overturning the previous order and setting aside the refund directive. This decision is significant for the airline.
On Monday (15th April), the Bombay High Court in Goa faced a jurisdictional challenge under the Arbitration Act, 1996. Justice Bharat P Deshpande referred the matter to a larger bench due to conflicting decisions within the court. The challenge revolves around the interpretation of Section 29A, addressing the procedural timeline for arbitration proceedings in India.
