Mitra Guha v. ONGC: Can Determination Of Breach Of Contract Be An ‘Excepted Matter’?

     Blog by Iti Mishra

  INTRODUCTION Party autonomy is one of the foundations of arbitration. Section 7(1) of the Arbitration and Conciliation Act, 1996 provides that by way of an arbitration agreement, the parties can submit all or certain disputes to arbitration. It is common for parties in a commercial contract to reserve some

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

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)

     Updates by Editor

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