Objection as to a domestic award cannot be taken in the execution proceedings if no set-aside application was filed; CPC provisions which are inconsistent with ACA do not apply in execution under Section 36, ACA; Section 47, CPC is not attracted (Orissa High Court) (07 January 2020)

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Birat Chandra Dagara v. Orissa Manganese & Minerals Ltd.; 2020 SCC OnLine Ori 5 High Court of Orissa; Single-judge bench; Biswanath Rath, J.; decided on 7 January 2020 A single-judge bench of the High Court of Orissa has held that an objection as to execution of an award cannot be

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Categories: CPC |  Enforcement  |  Enforcement of arbitral awards |  Enforcement of domestic awards |  Execution of arbitral award |  Finality |  Finality and enforcement of arbitral awards |  Finality of awards |  Objection to execution |  Section 36  

If the agreement provides a named adjudicator for deciding certain matters, those matters are “excepted matters”, and not arbitrable. (Supreme Court)

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Mitra Guha Builders (India) Company v. Oil and Natural Gas Corporation Limited, 2019 SCC OnLine SC 1442 Supreme Court of India, 3-judge bench, R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ. decided on 08 November 2019   In the construction contract that Mitr Guha had with ONGC, a clause empowered

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Categories: Arbitrability |  Arbitrability of disputes  |  Excepted matters |  Finality |  Finality clause |  Non-arbitrable matters