An award that is “prima facie void ab initio” is the Bench’s own phrase, used in framing a question at the notice stage, for an arbitral award published a day after the President signed the arbitrator’s warrant of appointment as an Additional Judge of the Calcutta High Court; the award is stayed, and the Supreme […]
The Supreme Court has stayed the Delhi High Court’s directions on Impounding Of Arbitral Awards that were insufficiently stamped, while letting execution proceed and keeping the High Court’s July 13 practice directions in force.
Appointing a former High Court judge as sole arbitrator in a partnership dispute, the Gujarat High Court encouraged parties, counsel and institutions to widen the arbitrator pool to include qualified women and technical experts.
The Supreme Court has asked the Law Commission of India to study the framework for enforcing and executing arbitral awards, after a 2002 award was still being litigated 24 years later.
A Bengaluru commercial court set aside an arbitral award of over Rs 9 crore against DSERT in a school equipment maintenance dispute, holding the arbitrator ignored the limitation defence.
Non-Nullity Objections To Arbitral Award belong in a petition under Section 34 of the Arbitration and Conciliation Act, 1996, and not in an application under Section 47 of the Code of Civil Procedure during execution, the Madhya Pradesh High Court has held; the objector keeps his remedy, as the time spent on the wrong route […]
The Supreme Court held that Goa, not Delhi, is the juridical seat under a franchise agreement whose arbitration clause named both cities, and set aside the Delhi High Court’s appointment of an arbitrator.
Axis Bank itself conceded that awards by unilaterally appointed sole arbitrators are void. The Delhi High Court has now declared an award against a borrower unenforceable, noting that one bank-appointed arbitrator had handled 4,155 arbitrations over four to five years, and has asked the RBI to caution all banks on unilateral appointments. New Delhi: Declaring […]
The Delhi High Court has held Mohit Singh, erstwhile Managing Director of Shipra Estate Limited, guilty of civil contempt for breaching a court undertaking to pay Rs 3.20 crore and for an incorrect status quo statement on flats that had already been sold. New Delhi: The Delhi High Court has held Mohit Singh guilty of […]
The Madras High Court has dismissed Rajkumar Theatres’ Section 9 application seeking to restrain the worldwide release of the Ajay Devgn-starrer Hindi Drishyam 3, holding that the material does not establish at this interim stage that it still holds exclusive or joint Hindi remake rights, while leaving ownership open for detailed adjudication.
