High Courts
Principles Of Natural Justice Are Non-Negotiable In Arbitral Proceedings Even If Tribunal Is Comprised Of Lay Persons: Madras High Court
The Madras High Court, while setting aside an arbitral award, has observed that despite the arbitral Tribunal comprising elder family members, who are lay persons and not well-trained legal minds, the principles of natural justice have to be followed. If an award is passed without giving an opportunity to either of the sides to present their case, the same would violate Section 34(2)(a)(iii) of the A&C Act. The bench of Justice N. Anand Venkatesh, while hearing a challenge under ...
Bombay High Court Sets Aside ₹75 Lakh Compensation Awarded Against Hersheys India In Jumpin Drink Manufacturing Dispute
The Bombay High Court has recently set aside a Rs 75 lakh compensation awarded to Kanti Beverages Pvt. Ltd. against Hersheys India Pvt. Ltd. in a dispute over the contract to manufacture and package the fruit drink brand Jumpin. The court said the compensation was “picked virtually out of the hat” and had no basis.A single bench of Justice Somasekhar Sundaresan, in an order made available on Monday, noted that the arbitral tribunal had categorically found that the contract between Hersheys and...
Deliberate Non-Participation In Arbitral Proceedings Not Grounds To Resist Enforcement Of Award: Madras High Court
The Madras High Court bench of Justice N Anand Venkatesh has observed that when a party purposely fails to avail an opportunity duly accorded by the Arbitral Tribunal to present its case, it cannot later use its own default as a ground to resist enforcement of the resultant award. Facts The Petitioner, M/s Vittera BV (“Vittera”) filed the present petition seeking enforcement of the final award dated 30.04.2020 against the Respondent, M/s SKT Textile Mills (“SKT”) under Sections 47...
Arbitrators Cannot Be Disqualified For Merely Participating In Prior Arbitration Involving Interpretation Of Similar Clause: Delhi High Court
The Delhi High Court dismissed a petition under section 34 of the Arbitration and Conciliation Act, 1996 (Act) filed by Steel Authority of India Limited (SAIL) against an arbitral award passed in favor of British Marine PLC.(Respondent). SAIL entered into Contract of Affreightment (COA) with the respondent for transportation of 3 million metric tonnes (±5%) of coking coal over five years. The court further held that just because arbitrators had interpreted a similar clause in the previous...
