Bombay High Court Says Non-Signatory Mumbai Cricket Association Bound By Arbitration Clause In T20 Mumbai League Dispute

The Bombay High Court on Monday referred to arbitration a dispute over participation rights in the T20 Mumbai League between Jupicos Entertainment Pvt. Ltd. and league operator Probability Sports (India) Pvt. Ltd. The dispute relates to Jupicos' right to continue participating in the league through its team Shivaji Park Lions. The Court held that the Mumbai Cricket Association (MCA), under whose aegis the league is conducted, is bound by the arbitration agreement even though it is not a...

Financial Pressure Alone Cannot Undo Insurance Settlement Without Proof Of Duress By Insurer: Delhi High Court

The Delhi High Court on Monday observed that a discharge voucher accepting an insurance settlement cannot be invalidated merely because the insured signed it under financial pressure, unless the insurer contributed to the alleged coercion, duress, or undue influence.Refusing to reopen a fire-insurance compensation dispute between Supermint Exports Pvt Ltd and New India Assurance Company Ltd, the Court upheld an arbitral award rejecting the company's attempt to claim additional compensation after...

Calcutta High Court Upholds Single Judge's Modification Of Arbitral Award In UltraTech-Mintech Dispute

The Calcutta High Court on 16 March dismissed cross appeals filed by Mintech Global Pvt Ltd and UltraTech Cement Ltd, upholding a Single Judge's order that partly modified an arbitral award arising from a commercial contract related to cement manufacturing. A Division Bench of Justices Debangsu Basak and Md. Shabbar Rashidi held that the Single Judge's conclusions on the interest rate and the limited scope of jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996, warranted...

“Not Worth Paper It Was Written On”: Madras High Court Upholds Setting Aside Of ₹24-Crore Arbitral Award

Calling a Rs 24-crore arbitral award a “fraud” and “not worth the paper it had been written in”, the Madras High Court has upheld a 2019 order setting aside the award in a land dispute, holding that the Memorandum of Understanding on which the claim was based was an unlawful agreement opposed to public policy. A Division Bench of Justice C.V. Karthikeyan and Justice K. Kumaresh Babu upheld a Single Judge's order dated 25 June 2019 which had set aside the arbitral award dated 23 March 2015. ...

Judgment On Admission Under CPC Requires Clear Admission Of Transaction And Amount Of Liability: Calcutta High Court

The Calcutta High Court has recently held that a court can grant a decree on admission under Order XII Rule 6 CPC only when the defendant clearly admits both the transaction and the amount due, observing that the rule must be applied strictly. Holding that mere acknowledgement of transactions is insufficient unless the specific amount payable is admitted, the court granted a Rs 12 lakh decree on admission to Skipper Limited in its commercial dispute with Prabha Infrastructure Private Limited,...

Madras High Court Directs Chennai Port Trust To Pay ₹1.21 Crore To X-Press Container Lines In Arbitration Dispute

The Madras High Court recently restored an arbitral award directing the Board of Trustees of the Port of Chennai to refund Rs.1,21,91,869 to X-Press Container Lines (UK) Ltd. in a dispute arising out of a berth reservation agreement and recovery of berth hire charges and penal levy, holding that the claim was within limitation in view of repeated acknowledgments of liability by the Port authorities. A Division Bench comprising Justices C.V. Karthikeyan and K. Kumaresh Babu allowed an appeal...

Bombay High Court Upholds Arbitral Award In Mandovi Bridge Dispute, Says Former Employee Arbitrator Not Proof Of Bias

The Goa Bench of the Bombay High Court has dismissed an appeal filed by the State of Goa challenging an arbitral award passed in favor of U.P. State Bridge Corporation Ltd., holding that an arbitral award could not be set aside merely on the ground that one of the arbitrators nominated by the contractor had served as the Managing Director and consultant of the corporation. Justice Suman Shyam further observed that in the absence of material demonstrating actual bias or likelihood of...

Delhi High Court Upholds Setting Aside Of Arbitral Award, Says Tribunal Rewrote Contract In JSW-GAIL Dispute

The Delhi High Court has dismissed an appeal filed by JSW Steel, formerly known as JSW Ispat Steel, and upheld the setting aside of an arbitral award passed in its favour, holding that the arbitral tribunal had rewritten the contract by applying the doctrine of business efficacy to convert fixed transportation charges into variable charges. A Division Bench of Justices C. Hari Shankar and Om Prakash Shukla observed, "Upon careful examination of the arbitral award, it is evident that the...

Civil Court Jurisdiction Not Ousted By Foreign-Seated Arbitration, Courts May Act To Prevent Abuse: Delhi High Court

The Delhi High Court recently reiterated that the jurisdiction of civil courts is not barred merely because arbitration is seated outside India but said that the power to restrain such proceedings must be exercised only in exceptional circumstances, refusing to stop arbitration initiated in London by Argo Coral Maritime Ltd. against SARR Freights Corporation and SARR Freights Limited. Relying on the top court's ruling in Engineering Projects (India) Limited Versus MSA Global LLC (Oman), Justice...

Appointment Of Arbitrator Under SEZ Act Lies With Central Government, Not High Court: Kerala High Court

The Kerala High Court on Friday held that the High Court cannot invoke its powers under Section 11 of the Arbitration and Conciliation Act, 1996, in disputes governed by the Special Economic Zones Act, 2005, where the statute vests the power to appoint an arbitrator with the Central Government and the requirements for the exercise of Section 11 jurisdiction are not satisfied.A coram of Justice S Manu rejected an arbitration request seeking the appointment of an arbitrator to resolve disputes...

Arbitration Act Allows Interim Relief Even After Arbitral Award Before Enforcement: Kerala High Court

The Kerala High Court recently held that courts possess wide powers under Section 9 of the Arbitration and Conciliation Act to grant interim measures, even after the arbitral award is passed but before its enforcement.A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. partly allowed an appeal filed by three foreign companies against Emil Traders Private Limited. The appellants, foreign companies, had obtained an arbitral award against Emil Traders Private Limited...

Delhi High Court Upholds Arbitral Award In Favour Of GAIL In Dispute With Man Industries Over Delay In Pipe Supply

The Delhi High Court has recently dismissed a petition challenging an arbitral award passed in favour of GAIL (India) Limited, reiterating that the scope of interference under Section 34 of the Arbitration and Conciliation Act is limited. The court said it cannot re-appreciate evidence or disturb an award merely because another interpretation of the contract is possible, so long as the arbitrator's view is a plausible one. Justice Amit Bansal observed that the arbitral tribunal had interpreted...