Party Autonomy In Arbitration Is Being Misunderstood As Right To Choose Favourable Decision-Makers: CJI Surya Kant

Chief Justice of India Surya Kant on Friday said that the principle of party autonomy, often regarded as one of arbitration's defining strengths, has in some respects been misunderstood and stretched beyond its intended purpose, warning that it is increasingly being equated with an unrestricted ability to select favourable decision-makers. Speaking at the 4th International Conference on "Arbitrating Indo-UK Commercial Disputes: ADR as a Catalyst for Strengthening India-UK Economic Partnership,"...

Karnataka High Court Partly Sets Aside ₹79.58 Arbitral Award In Automotive Axles Housing Society Dispute

The Karnataka High Court on 1 June, partly set aside an arbitral award of Rs.79.58 lakh in favour of contractor K.S. Sridhar, holding that several claims allowed by the arbitrator lacked evidentiary support and were patently illegal. A Division Bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha partly allowed the appeal filed by Automotive Axles Employees Housing Co-operative Society Ltd., modifying the arbitral award while sustaining certain monetary components in favour of...

Jharkhand High Court Appoints Arbitrator In Hindustan Dorr Oliver-Uranium Corporation Contract Dispute

The Jharkhand High Court on 8 May held that while exercising jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996, a referral court is required to undertake only a prima facie examination of the existence of an arbitration agreement and cannot enter into disputed questions relating to limitation, maintainability or the effect of insolvency proceedings. Chief Justice M.S. Sonak appointed former Andhra Pradesh High Court Judge Justice C. Praveen Kumar as the sole...

Arbitral Mandate Can Be Extended After Expiry; No Limitation Prescribed: Andhra Pradesh High Court

The Andhra Pradesh High Court has recently reiterated that applications seeking extension of an arbitral tribunal's mandate can be filed even after expiry of the prescribed period and that courts must adopt a liberal approach while considering whether sufficient cause exists for granting such extensions. Relying on the Supreme Court's decision in Rohan Builders (India) Private Limited v. Berger Paints India Limited and its own earlier ruling in Chidepudi Bhanu Srivastava v. Kancharla...

Bennett Coleman Withdraws Delhi HC Plea Against Lord's Mark Share Listing Following Settlement

Bennett Coleman and Co. Ltd. (BCCL), publisher of The Times of India, has withdrawn its petition before the Delhi High Court challenging the proposed listing and commencement of trading of shares of Lord's Mark Industries Ltd. The withdrawal came after Lord's Mark acknowledged BCCL's entitlement to 10,28,483 equity shares and agreed to place its claim before the Monitoring Committee supervising implementation of the resolution plan through which Kratos Energy and Infrastructure Ltd. was merged...

Consent Under Section 29A(3) Can Be Inferred From Conduct Of Parties: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that Section 29A(3) of the Arbitration and Conciliation Act, 1996 does not require parties to give written consent for extending the time limit to make an arbitral award. Consent may be inferred from the conduct of the parties. A Bench of Justice Virender Singh allowed the appeals filed by landowners Meenakshi and Chaman Lal, set aside the District Judge's order annulling the arbitral award, and remanded the matter for consideration of the Section 34...

Draft Agreements, WhatsApp Chats Alone Cannot Create Binding Arbitration Agreement: Delhi High Court

The Delhi High Court has held that draft agreements, WhatsApp exchanges and prolonged commercial negotiations cannot, by themselves, create a binding arbitration agreement unless the parties have clearly and finally agreed on all essential terms of their arrangement. A Bench of Justice Harish Vaidyanathan Shankar dismissed a petition filed by Midpoint Commodeal Private Limited seeking protection of ₹15.30 crore allegedly invested in the "Sky Palazzos" real estate project in Gurugram. “Mere...

Dispute Arising From JDA For Residential Apartment Project Not A Commercial Dispute: Karnataka High Court

The Karnataka High Court has recently held that a dispute arising out of a Joint Development Agreement for a residential apartment project in Bengaluru was not a commercial dispute and could not be entertained by a Commercial Court, while setting aside an order that had assumed jurisdiction over a challenge to an arbitral award. Justice Tara Vitasta Ganju observed, “the property in dispute, which was developed pursuant to the JDA, cannot be said to be immovable property used exclusively in...

Disputes Relating To Payment For Work Done Not Covered Under “Excepted Matters” Arbitrable: MP High Court

The Indore Bench of the Madhya Pradesh High Court on 4 May appointed an arbitrator in a dispute between Western Railway and a service provider after rejecting the Railway's contention that the dispute was non-arbitrable, holding that claims for payment of dues for work already executed fall outside the “excepted matters” under the contract. Justice Pavan Kumar Dwivedi allowed the petition under Section 11 of the Arbitration and Conciliation Act, 1996, observing: “In view of the above analysis...

Gujarat High Court Temporarily Halts Arbitration Over Vapi Lakes Lease Agreements

The Gujarat High Court on Monday directed that no further proceedings be conducted in arbitration proceedings between Vapi Municipal Corporation and Shashijit Infra Projects Limited arising from lease agreements relating to Lakhamdev Lake, Dungra Lake, and Chala Lake in Vapi. The direction will remain in force until the next hearing before the Court on June 18. Justice L.S. Pirzada passed the order while issuing notice in petitions filed by the Municipal Corporation challenging the continuation...

Mere Status As Ultimate Beneficiary Does Not Warrant Impleadment Of Non-Signatory In Arbitration: Delhi HC

The Delhi High Court has reiterated that arbitration is founded on consent and party autonomy, holding that an entity cannot be impleaded in arbitral proceedings merely because it is the ultimate beneficiary of a project. The Court set aside orders that had added IIM Jammu as a party to arbitration-related proceedings arising from disputes between Ramacivil India Construction Pvt. Ltd. and the Central Public Works Department (CPWD) over construction of the permanent campus of IIM Jammu at Jagti,...

Limitation To Challenge Arbitral Award Begins Only After Tribunal Disposes Of Post-Award Pleas: Supreme Court

The Supreme Court on Tuesday held that when parties invoke post-award proceedings before an arbitral tribunal seeking correction, interpretation, or an additional award, the limitation period for challenging the arbitral award begins only after those proceedings are disposed of. The court observed that parties cannot be compelled to challenge an award while such proceedings remain pending before the tribunal. A bench of Justices Pamidighantam Sri Narasimha and Alok Aradhe allowed an appeal...