Today, On 13th February, The Supreme Court started hearing a case on whether courts can change arbitral awards. Arbitration, under the Arbitration and Conciliation Act, 1996, is a way to settle disputes outside the courts. This law reduces court interference in decisions made by arbitration tribunals. The ruling in this case may affect how much power courts have over such awards.
The Supreme Court will form a Constitution Bench to examine the authority of courts to modify arbitral awards. A bench led by Chief Justice of India Sanjiv Khanna, along with Justices Sanjay Kumar and KV Viswanathan, referred the matter to a five-judge bench on Thursday. The decision highlights the importance of clarifying judicial powers in arbitration cases.
Morris Samuel Christian was arrested in Gujarat for operating a fake tribunal and impersonating a judge for five years. He targeted individuals with land disputes, charging fees to issue bogus court orders. Authorities acted upon a complaint from a city civil court registrar, revealing Christian’s fraudulent activities and claiming he was an official arbitrator.
The Law Ministry is seeking detailed data on arbitration cases involving the Indian government to evaluate current practices and explore amendments to the Arbitration and Conciliation Act of 1996. This request includes specifics like case value, arbitration seat, advocates involved, and fees, aimed at enhancing dispute resolution efficiency and identifying improvement areas.
Arjun Ram Meghwal, Minister of State for Law and Justice, highlighted Lord Krishna’s role as the first mediator during the launch of an Arbitration Centre at the Kerala High Court. He emphasized the importance of small compromises to avoid greater disputes and discussed legislative efforts to enhance arbitration effectiveness. The Centre aims to address judicial backlog and provide cost-efficient dispute resolution.
Justice Hima Kohli and Gary Born addressed the need for a separate statute for international arbitration in India at the London International Disputes Week. They highlighted the existing framework’s effectiveness and emphasized the importance of minimizing court involvement in arbitration to ensure efficient dispute resolution. They also discussed the significance of contextual relevance in legal precedents.
When conflicting judgments of equal benches arise and a larger bench reference is pending, the judgment delivered earlier will prevail, as per a recent Allahabad High Court ruling. Upholding judicial discipline, the court emphasized the doctrine of stare decisis, ensuring consistency and predictability in legal decisions. The case was referred to a larger bench for decision.
The Calcutta High Court emphasizes the value of court time and criticizes dishonest litigants for misusing the legal system. Justice Kapur reprimanded a Dubai-based company for filing an application in the wrong jurisdiction, highlighting the need for integrity in legal proceedings. The court rejected the plea and urged advocates to reflect on their actions.