Category: Section 36

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  

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