Skip to content

National Forum for Research in Arbitration Law

Sign In | Registration

Search for:

Home
Resource Pool
Research
Submission
Blog
About
- ABOUT NFRAL
- OUR TEAM
Search for:

Add Document

Upload Document
Add from URL
Add From DriveBuy Pro Version
Add From DropboxBuy Pro Version
Add From BoxBuy Pro Version

Enter document URL

Advanced Options

Width
Height
Show Download Link
Download Text
Viewer
Viewer
Shortcode Preview

Category: Section 48(1)(b)

The test of being unable to present one’s case concerns matters outside party’s control. Enforcement of a foreign award cannot be refused when the party chose not to avail the opportunity to present its case before the arbitral tribunal (Supreme Court of India)

June 16, 2020 Update by Kushager Relhan , Prashant Mishra

Centrotrade Minerals & Metals Inc. v. Hindustan Copper Ltd., 2020 SCC OnLine SC 479 (“Centrotrade III”) Court: Supreme Court of India | Case Number: Civil Appeal No. 2562 of | Citation: 2020 SCC OnLine SC 479 | Judges: RF Nariman, S Ravindra Bhat and V Ramasubramanian JJ | Date: 02

Continue reading

Print
LinkedIn
Facebook
Twitter

Categories: “Otherwise unable to present his case” | Conditions for enforcement of foreign awards | Enforcement | Section 48 | Section 48(1)(b)

Latest Update

Considering and allowing a time-barred claim makes the award contrary to public policy of India, and irrational, and perverse, and lacking in judicial approach

9 months ago Friday April 24, 2020

Mere expression “place of arbitration” is not determinative of the “seat” of arbitration. The intention of the parties as to the “seat” should be determined from other clauses in the agreement and the conduct of the parties. (Supreme Court of India)

9 months ago Wednesday April 15, 2020

If a court determines that the seat is somewhere else, it has no jurisdiction even if cause of action arose in its jurisdiction and even if before the determination of seat, a prior application had been filed before it (Supreme Court of India)

10 months ago Friday April 10, 2020

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)

10 months ago Friday April 10, 2020

Appealing against an order closing the right to file written statement does not disentitle a party to seek reference to arbitration (Delhi High Court)

10 months ago Monday April 6, 2020

A party asserting that the arbitration agreement is not sufficiently stamped must establish, with reference to the rule, the basis of the insufficiency.

10 months ago Friday April 3, 2020

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)

10 months ago Thursday April 2, 2020

A suit for an anti-arbitration injunction on the ground that the arbitrator does not have jurisdiction is not maintainable given the Supreme Court’s decision in Kvaerner Cementation India Limited v. Bajranglal Agarwal (2012) 5 SCC 215. It is a matter for the arbitrator to decide. (Delhi High Court) (currently before a division bench in appeal)

10 months ago Sunday March 29, 2020

Party appointed sole arbitrator is ineligible in view of the Supreme Court’s 2-judge bench decision in Perkins case; the 3-judge bench decision in Central Organisation for Railway Electrification distinguished (Delhi High Court)(20 January 2020)

12 months ago Thursday January 30, 2020

The enquiry under Section 11 is limited to examination of the existence of an arbitration agreement; no conflict in Geo Miller case and Uttarakhand Purv Sainik case (Bombay High Court)(14 January 2020)

12 months ago Thursday January 30, 2020

Categories

"But not thereafter" (1)
"First statement on the substance of the dispute" (1)
"Not later than the date of submitting (1)
“Otherwise unable to present his case” (1)
1994 (1)
2015 (1)
2015 Amendments to section 11 (1)
2019 (1)
Accord and satisfaction (1)
Accrual of right to apply (1)
Action for foreclosure (1)
Agent (1)
Agreement in writing (1)
Amendment of pleading (1)
Anti arbitration suit (1)
Anti-arbitration injunction (3)
Appeal (1)
Appealable orders (5)
Applicability of part I of Act (1)
Applicability of part I to arbitration (1)
Application for setting aside award (7)
Application of mind (1)
Appointment of arbitrator (23)
Appointment of substituted arbitrator (1)
Arbitrability (7)
Arbitrability of disputes (3)
Arbitrability of fraud (1)
Arbitrable dispute (2)
Arbitral Fees (1)
Arbitral proceedings (1)
Arbitral seat (10)
Arbitral tribunal of serving or retired officers (1)
Arbitrariness (1)
Arbitrary (1)
Arbitration agreement (9)
Arbitration agreement in writing (2)
Arbitration and Conciliation (Amendment) Act, 2015 (1)
Arbitration award and decree (1)
Arbitration dispute (1)
Arbitrator's interpretation of contract (1)
Art 36 (1) (a) (iv) Model Law (1)
Article 134 (1)
Article 14 (1)
Article 226 (1)
Article 227 (1)
Automatic stay (1)
BALCO (1)
BCCI v. Kochi (1)
Bias (5)
Binding non-signatory to arbitration (1)
Boghara Polyfab principle (1)
Booz Allen principle (1)
Broad based panel (1)
Business transfer (1)
Certificate for appeal (1)
Characteristics of a reasoned order (1)
Characteristics of reasoned order (1)
Choice of law (1)
Commercial (1)
Commercial Courts Act (1)
Commercial under the law in force in India (1)
Competence Competence (3)
Competence of arbitral tribunal to rule on its own jurisdiction (4)
Composition of arbitral tribunal (2)
Concurrent jurisdiction (1)
Conditions for enforcement of foreign awards (3)
Condonation of delay (4)
Consent of parties (1)
Constitutional validity (1)
Construction of arbitration agreement (3)
Construction of contract (1)
Court (1)
CPC (1)
Damages (2)
De jure unable to perform functions (1)
Decision of coordinate bench (1)
Delay in nominating arbitrator (2)
Demurrer (1)
Designation of arbitral seat (1)
Determinable contract (1)
Determination of rules of procedure (1)
Determination of seat (1)
Dispute (1)
Disputed question of fact (1)
Doctrine of 'group of companies' (1)
Dutco (1)
Duty to give reasons (1)
Economic duress (1)
Effect on limitation of period of settlement talks (1)
Egregious fraud (1)
Electricity Act (1)
Emergency arbitration (1)
Emergency Arbitrator (2)
Emergency Award (2)
Encashment of Bank Guarantees (1)
Enforcement (8)
Enforcement of arbitral awards (2)
Enforcement of domestic awards (1)
Enforcement of foreign awards (4)
Enforcement of wrongly seated arbitration (1)
Entry 1 Seventh Schedule (1)
Entry 1 Seventh Schedule (2)
Entry 31 Fifth Schedule (1)
Equality before law (1)
Erga omnes effect (1)
Erroneous application of law (1)
Estoppel (1)
Excepted matters (2)
Exclusive jurisdiction (4)
Execution of arbitral award (1)
Existence of arbitration agreement (5)
Failure or impossibility to act (3)
Fifth Schedule (8)
Finality (3)
Finality and enforcement of arbitral awards (1)
Finality clause (2)
Finality of awards (1)
Flexibility of procedure (1)
Foreign award (1)
Foreign Awards (Recognition and Enforcement) Act (1)
Foreign law (1)
Form and contents of award (1)
Form of arbitration agreement (1)
Formal validity of arbitration agreements (2)
Fundamental policy of Indian law (1)
Fundamental policy of Indian law (7)
Grounds for refusing recognition or enforcement (1)
Grounds for setting aside arbitral award (1)
Grounds of challenge (1)
Impartiality (3)
Implied reasoning (1)
In personam (1)
In rem (1)
Incapable of being performed (1)
Incorporation (1)
Incorporation by reference (1)
Independence and Impartiality of arbitrator (10)
Independence of arbitrator (3)
inherent jurisdiction (1)
Injunctions against Bank Guarantees (1)
Inoperative (1)
Interim measures (2)
Interim measures by court (3)
Interim measures ordered by arbitral tribunal (3)
Interim orders (1)
Interim relief (1)
International Commercial Arbitration (1)
Interpretation of contract (2)
Interpretation of judgment (1)
Irretrievable injury (1)
Joinder of non-signatories (1)
Judicial discipline (1)
Judicial review in arbitration (1)
Jurisdiction (1)
Jurisdiction of arbitral tribunal (4)
Kompetenz-kompetenz (6)
Limitation (13)
Limitation Act (2)
Limitation and jurisdictional question (2)
Limitation for setting aside (5)
Limitation period for appointing arbitrator (1)
Limitation to file application for appointment of arbitrator (1)
Limitation to refer dispute to arbitration (1)
Limitation under Section 37 (1)
Liquidated damages (1)
Maintainability (1)
Mortgage (1)
Most basic notions of morality and justice (2)
Neutrality (1)
Neutrality of arbitrator (9)
non est (1)
Non-arbitrable matters (2)
Non-signatory to arbitration (1)
Nonarbitrability (4)
Null and void (1)
Objection to execution (1)
Part I (1)
Party appointed arbitrator (1)
Party appointed sole arbitrator (2)
Party autonomy (4)
Patent Illegality (5)
Perverse award (3)
Perversity (2)
Place (1)
Place of arbitration (3)
plea of lack of inherent jurisdiction (1)
Pleading requirement under Section 11 (1)
Power of court under section 11 (1)
Power of judicial authority to refer parties to arbitration (2)
Power of superintendence over all courts by the High Court (1)
Power to refer parties to arbitration (1)
Power to refer to arbitration (1)
Pre-arbitral dispute resolution mechanism (1)
Pre-arbitral mechanism (1)
Pre-arbitral procedure (1)
Preclusive effect of kompetenz kompetenz (1)
Prejudice (1)
Preliminary Issue (1)
Presiding Arbitrator (1)
Public policy (6)
Public Policy of India (7)
Quantification of an award (1)
Reappreciation of evidence (3)
Reappreciation of finding of fact (2)
Reasoned or speaking award (1)
Recourse against arbitral award (6)
Refer to arbitration (1)
Remand of arbitral award (1)
Remission of award (1)
Remove term: Power to refer parties to arbitration Power to refer parties to arbitration (1)
Review on the merits of the dispute (2)
Right to appoint arbitrator (2)
Right to nominate arbitrator (2)
Right under special law for appointing arbitrator (1)
Rules of procedure (1)
Sanctity of party choice (1)
SAROD (1)
Scope of reference (1)
Scope of Section 9 (2)
Seat (5)
Seat of arbitration (6)
Section 11 (8)
Section 11 (6) (1)
Section 11 (6A) (1)
Section 12 (6)
Section 13 (1)
Section 14 (1)
Section 14 (6)
Section 15 (1)
Section 15 (4)
Section 16 (4)
Section 17 (1)
Section 19 of Arbitration and Conciliation Act (1)
Section 2(1)(e) (2)
Section 20 (1)
Section 29A (1)
Section 34 (14)
Section 34 (2A) (1)
Section 34(3) (3)
Section 36 (2)
Section 37 (3)
Section 39 (1)
Section 4 (1)
Section 42 (1)
Section 44 (2)
Section 45 (2)
Section 48 (2)
Section 48(1)(b) (1)
Section 7 (1)
Section 8 (2)
Section 9 (7)
Self-contained code (2)
Set aside or refusing to set aside an arbitral award (2)
Setting aside arbitral award (7)
Seventh Schedule (8)
Severability (1)
SIAC (1)
Sole arbitrator (3)
Special act v. general act (1)
Special equities (1)
Speedy disposal (1)
Srikrishna Committee Report (1)
Stage to decide jurisdictional plea (1)
Stamp duty (3)
Stamping of arbitration agreement (3)
Stamping of foreign award (1)
Standard for setting aside arbitral award (1)
Standing arbitral tribunal (1)
Statutory arbitrations (1)
Substantive validity (1)
Substitution of arbitrator (1)
Sufficient cause (4)
Termination of contract (1)
Termination of mandate (6)
Termination of mandate and substitution of arbitrator (7)
Test of arbitrability (1)
Tests for determination of seat (1)
The CORE principle (1)
The Garware principle (1)
The Garware Rule (1)
The Perkins principle (6)
The TRF principle (3)
The Voestalpine principle (1)
thing done or to be done (1)
Time limit (1)
Time limit for arbitral award (1)
Time limit for concluding arbitration (1)
Unenforceability of arbitral award (1)
Validity (1)
Venue (2)
Venue of arbitration (3)
Voestalpine (1)
Voestalpine principle (2)
Waiver (2)
Waiver of right to appoint arbitrator (1)
Waiver of right to object (1)
Who decides question? (2)
Written arbitration agreement (2)

©2021 National Forum for Research in Arbitration Law. All rights reserved

Privacy Policy | Terms of Use | Contact Us

Enter a URL or upload an Document