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Category: Section 34 ACA

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27 March 2021, Saturday

NV International overruled, and limitation governing appeals under Section 37 ACA clarified

by Editor

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09 December 2020, Wednesday

Is dismissal of a set-aside petition on limitation appealable? Though answering no, the Delhi High C...

by Editor

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03 July 2020, Friday

When applying Section 14 Limitation Act, the entire period in the wrong forum must be excluded; Prep...

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23 June 2020, Tuesday

Shocking, unfair award against Jackie Shroff set aside (Bombay High Court)

by Shruti Mishra

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22 June 2020, Monday

No interference with award if tribunal's view plausible (Bombay High Court)

by Saloni Jaiman

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19 June 2020, Friday

Change of counsel is not sufficient cause to condone delay (Delhi High Court)

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13 June 2020, Saturday

An award can be set aside if the tribunal’s interpretation of the contract is perverse or is not a p...

by Samarth Madan

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08 October 2019, Tuesday

Standard for setting aside arbitral award (Delhi High Court)

by Aimen Reshi

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25 October 2019, Friday

Section 14 of Limitation Act applies to set-aside proceedings (Supreme Court)

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06 June 2010, Sunday

An award based on put-option in a contract does not violate the public policy of India (Bombay High...

by Editor

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01 June 2020, Monday

The seat of the arbitration can be deduced from the conduct of not raising objections as to conduct...

by Editor

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10 April 2020, Friday

The seat-court prevails over the cause-of-action-court (Supreme Court of India)

by Editor

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02 April 2020, Thursday

Award set aside for perversity by the appellate bench overturning the single judge's order affirming...

by Avantika Verma

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05 January 2020, Sunday

Arbitrator has flexibility in determining procedure; decision with parties’ consent to do away with...

by Editor

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05 January 2020, Sunday

Which court has jurisdiction over the arbitral process? Et al. (Supreme Court of India)

by Aimen Reshi ,  Prashant Mishra

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06 January 2020, Monday

Standard of setting aside; facets of a reasoned award; power of remission et. al. (Supreme Court)

by Avantika Verma

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17 January 2020, Friday

Objecting to a domestic award not permissible in execution proceedings (Orissa High Court)

by Editor

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29 January 2020, Wednesday

Standard for setting aside arbitral award; permissibility of re-appreciating findings of fact in set...

by Aimen Reshi ,  Avantika Verma

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10 April 2020, Friday

What is patent illegality? A short comment in light of two Delhi High Court's decision

by Prashant Mishra

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10 April 2020, Friday

Application of the patent illegality doctrine (Delhi High Court)

by Editor

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04 August 2021, Wednesday

The court cannot modify an award in set-aside proceedings (Supreme Court of India)

by Editor ,  Shruti Mishra

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27 September 2021, Monday

Restrictive application of Section 5 of the Limitation Act to arbitration appeals: a small example o...

by Aimen Reshi ,  Prashant Mishra

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03 December 2021, Friday

Interesting example of applying the set aside grounds : Delhi High Court

by Aimen Reshi

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08 December 2021, Wednesday

Award patently illegal because it contravened Section 28 (3) ACA: Supreme Court of India

by Aimen Reshi

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2 years ago

Application of set aside grounds iterated and award partly set aside for jurisdictional error: Supre...

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2 years ago

The question of applicability of CPC to arbitration cases is pending in the Supreme Court: Kerala Hi...

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2 years ago

Allowing compensation for cost escalation and additional expenses during the delayed period caused b...

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2 years ago

Because views of members of a tribunal are separately recorded does not make each view an award: Ker...

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2 years ago

The “prescribed period” of limitation under Section 34 (3) ACA is three months and does not include...

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2 years ago

The benefit of Section 14 Limitation Act applies where a set-aside petition is withdrawn even withou...

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2 years ago

The appellate court cannot conduct a merits-based review under Section 37 ACA: Supreme Court of Indi...

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2 years ago

An award cannot be remitted to find a contentious issue not dealt with earlier but only fill up the...

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2 years ago

Award restored by upholding the tribunal’s power to grant compound interest and interpret the contra...

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2 years ago

Power to grant pre-reference and pendente lite interest is subject to agreement but court’s or tribu...

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2 years ago

Set aside petition assailing grant of claims on additional work, overheads for variation, idling cha...

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2 years ago

Merely because the interest component is large is not a ground to deny it. The legal position on gra...

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2 years ago

Supplying a copy of the award to the lawyer does not start the limitation Section 34 (3) ACA for fil...

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2 years ago

Award set aside because solatium and interest under the Land Acquisition Act not granted for lands a...

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2 years ago

Allowing an application to condone the delay in filing a set-aside application cannot be interfered...

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2 years ago

An arbitrator cannot make an interim award on disputed ‘admission’: Delhi High Court

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2 years ago

Disputes under three contracts cannot be consolidated without parties’ agreement, though the same tr...

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2 years ago

Part-payment of an invoice does not extend the limitation period towards other unpaid invoices if th...

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2 years ago

What does the phrase “about 1000kg/day” mean? The arbitrator ruled the quantity referred is not capp...

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2 years ago

Principle that set-aside court cannot interfere with finding of fact applied to issue of waiver and...

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2 years ago

Setting aside upheld where arbitrator acted in unnecessary haste and hurry. Both speedy disposal and...

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2 years ago

Tribunal cannot modify award in the garb of correction: Supreme Court of India

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2 years ago

Reminders do not extend limitation period nor the fact the debt remained outstanding: Delhi High Cou...

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2 years ago

Unless expressly authorized, a tribunal cannot decide ex aequo et bono or as amiable compositeur. Aw...

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2 years ago

It is patent illegality not to allow parties present their case to the expert appointed by the tribu...

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2 years ago

Tribunal has a wide discretion to award interest under Section 31(7) ACA: Delhi High Court

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2 years ago

Court can apply patent illegality ground on its own. Award vitiated in this case because patent ille...

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2 years ago

Award not patently illegal where imposition of liquidated damages (LD) was disallowed on the reasoni...

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2 years ago

Unilateral appointment of arbitrator not a ground to set aside the award: Delhi High Court

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2 years ago

Award partly set aside for jurisdictional error: Supreme Court of India

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2 years ago

Setting aside of shocking and unfair award against Jackie Shroff upheld: Supreme Court of India

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2 years ago

In filing a set-aside application, the benefit of the period when the court is closed can be obtaine...

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2 years ago

Tribunal’s interpretation of contract cannot be disturbed, but award unreasoned on another principal...

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2 years ago

Examination by tribunal of limitation-barred claim did not violate public policy of India. Even if i...

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2 years ago

Conditions of Particular Application (COPA) in NTPC contracts prohibit pre-award interest: Delhi Hig...

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2 years ago

Tribunal has a substantial discretion to award interest under Section 31(7) ACA: Supreme Court of In...

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2 years ago

Section 14 of the Limitation Act applies to a set-aside petition under Section 34 (3) ACA (Calcutta...

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2 years ago

There should be mechanism for information of all execution petitions on a common platform: Delhi Hig...

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2 years ago

For certain claim arbitrator appointed by appellate court with parties’ consent while disposing appe...

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2 years ago

Awards remitted to the tribunal where the petitioner did not have notice of the proceedings: Calcutt...

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2 years ago

There is no rule that the award must refer to every document: Madras High Court

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2 years ago

Awards set aside for no evidence and the tribunal unauthorizedly deciding ex aequo et bono: Madras H...

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2 years ago

How is the period of three months under Section 34 (3) ACA calculated?: Delhi High Court

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3 years ago

Filing set-aside petition deficient in court fees will not stop limitation: Madras High Court

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3 years ago

Reasons may be found in a single sentence or not even in ten pages: Madras High Court

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3 years ago

An award under MSMED Act includes interest: Calcutta High Court

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3 years ago

An award that was based on no evidence and unilaterally altered the contract rightly set aside (Supr...

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3 years ago

2. Power to set aside an award does not include an ability to modify it (Supreme Court of India)

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3 years ago

8. Award set aside because there was no proper notice of the tribunal’s appointment or of the pr...

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3 years ago

3. The period prescribed for filing of a petition under Section 34 is mandatory (Delhi High Court)

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3 years ago

4. Award set aside to the extent the tribunal completely overlooked a claim (Delhi High Court)

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3 years ago

6. A ground that has a foundational link to pleas on record, and was before the arbitrator, can...

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3 years ago

1. Award against BCCI patently illegal (Bombay High Court)

by Aimen Reshi ,  Amitabh Abhijit

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3 years ago

3. Award set aside for breaches of natural justice and collegiality (Madras High Court)

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3 years ago

1. Revaluation of evidence not permissible even if the court has a different view (Delhi High Court)

by Prashant Mishra

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3 years ago

6. Equitable set-off rightly not applied by the tribunal (Delhi High Court)

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3 years ago

3. Award set aside for lack of proper notice of constitution of the tribunal (Delhi High Court)

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3 years ago

1. Bifurcating arbitration suo moto and allowing parties to lead further evidence is patently illega...

by Avantika Verma , 

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3 years ago

7. Allowing electronic evidence in arbitration without Section 65B affidavit is okay (Delhi High Cou...

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3 years ago

Time taken by counsel to prepare petition is sufficient cause under Section 34 (3) ACA but delay in...

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3 years ago

8.Application of the set-aside grounds (Bombay High Court)

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3 years ago

2. Under Section 34 ACA, receiving an award means receiving a copy signed under Section 31 ACA (Supr...

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3 years ago

1. Moratorium under IBC extends to set-aside petitions (Supreme Court of India)

by Arushi Bhagotra ,  Saloni Jaiman , 
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