Setting aside arbitral award Archives – National Forum for Research in Arbitration Law

Standard for setting aside arbitral award; permissibility of re-appreciating findings of fact in set-aside proceedings; claim for damages et. al. (Delhi High Court) (7 January 2020)

January 29, 2020 Updates by Avantika Verma , Aimen Reshi

G+H Schallschutz v. Bharat Heavy Electricals Limited 2020 SCC OnLine Del 19; single-judge bench, Sanjeev Narula, J.; Decided on 07 January 2020 The Dispute Bharat Heavy Electricals Limited (“BHEL”) signed a contract with the Public Electric Company, Yemen to construct a power plant. For manufacture of some equipments required in

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

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

October 31, 2019 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

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

Standard for setting aside award; Grounds under section 34 to set aside an award are not attracted if the tribunal’s finding is plausible, neither perverse nor contrary to evidence (Supreme Court)

October 22, 2019 Updates by Nishant Gupta

The State of Jharkhand and others v. M/s HSS Integrated SDN and another, Special Leave to Appeal (sic Special Leave Petition) (C) No. 13117 of 2019 (non-reportable) Supreme Court, 2-judge bench, Arun Mishra and M.R. Shah, JJ.; decided on 18 October 2019 HSS Integrated and VKS Infra tech Management

Stamping of award, natural justice, notions of justice, arbitral procedure, fundamental policy of Indian law et. al. (Delhi High Court)

October 8, 2019 Updates by Aimen Reshi

Glencore International AG v. Indian Potash Limited and Another High Court of Delhi; Single judge bench; Rajiv Shakdher, J.; decided on 9 August 2019 Enforcement of two foreign awards–final award and cost award–passed in a Singapore seated arbitration was resisted under section 48 of the Arbitration and Conciliation Act, 1996

Category: Setting aside arbitral award

Standard for setting aside arbitral award; permissibility of re-appreciating findings of fact in set-aside proceedings; claim for damages et. al. (Delhi High Court) (7 January 2020)

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

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

Standard for setting aside award; Grounds under section 34 to set aside an award are not attracted if the tribunal’s finding is plausible, neither perverse nor contrary to evidence (Supreme Court)

Stamping of award, natural justice, notions of justice, arbitral procedure, fundamental policy of Indian law et. al. (Delhi High Court)