No patent illegality or perversity where rate not fixed in the agreement was fixed by the arbitrator on common business sense and proposals submitted by the respondent; Award patently illegal where the contract was interpreted based on a circular that was not in evidence (Delhi High Court)

     Updates by Simran Patel

Bharat Sanchar Nigam Limited v. Aksh Optifibre Limited, OMP (Comm.) 131 of 2017 Mohan Steels Limited v. Steel Authority of India (SAIL), OMP 488 of 2015 High Court of Delhi; single-judge bench, Jyoti Singh J, decided on 04 March 2020   On 04 March 2020, Jyoti Singh J of the

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Categories: Application for setting aside award |  Perverse award |  Recourse against arbitral award |  Section 34 (2A) |  Section 36  

Award set aside by Delhi High Court in an appeal, overturning the finding of the arbitral tribunal and a single judge who had dismissed the set-aside application, on the ground that the reasoning of the tribunal was perverse and hence in conflict with the public policy of India (Delhi High Court)

     Updates by Avantika Verma

MMTC Limited v. Anglo American Metallurgical Coal, FAO (OS) 532/2015 Delhi High Court; 2-judge bench, G.S. Sistani and Anup Jairam Bhambhani JJ.; decided on 02 March 2020 A bench of two judges of the Delhi High Court set aside, in this case, a domestic award in an appeal under Section

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Categories: Application for setting aside award |  Fundamental policy of Indian law |  Perverse award |  Public Policy of India |  Recourse against arbitral award |  Section 34  

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

     Updates by Avantika Verma

Dyna Technologies Pvt. Ltd. v. Crompton Greaves Ltd., 2019 SCC OnLine SC 1656 Supreme Court of India, 3- Judge Bench, N.V. Ramana, Ajay Rastogi, Mohan M. Shantanagoudar, JJ., Decided on 18 December 2019 The Supreme Court has re-emphasised that under the Arbitration and Conciliation Act, 1996 (“ACA”) the award must

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Categories: Characteristics of a reasoned order |  Characteristics of reasoned order |  Duty to give reasons |  Form and contents of award |  Grounds for setting aside arbitral award |  Implied reasoning |  Perverse award |  Reasoned or speaking award |  Recourse against arbitral award |  Section 34 |  Setting aside arbitral award |  Standard for setting aside arbitral award  

Arbitral tribunal’s jurisdiction–Standard of review applied by courts (Bombay High Court)

     Updates by Saurabh Tiwari

Hindustan Petroleum Corporation Ltd. v. M3nergy Sdn. Bhd., 2019 SCC OnLine Bom 2915 Bombay High Court; 2-Judge bench; Pradeep Nandrajog, C.J. and Bharati Dangre, J.; decided on 16 October 2019   The question The tribunal may rule on its own jurisdiction if a party raises a plea that the arbitral

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Categories: Jurisdiction of arbitral tribunal |  Kompetenz-kompetenz |  Recourse against arbitral award |  Setting aside arbitral award