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  

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

     Updates by Kriti

Shri Chand Construction and Apartments Private Ltd. and another v. Tata Capital Housing Finance Ltd.; 2020 SCC OnLine Del 472 High Court of Delhi; Single-judge bench, Rajiv Sahai Endlaw J, decided on 04 March 2020     A. PREFACE: SECTION 8 ACA, HOW TO APPLY AND WHEN TO APPLY TO

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Categories: "First statement on the substance of the dispute" |  "Not later than the date of submitting |  Arbitration agreement  |  Arbitration dispute |  Limitation |  Remove term: Power to refer parties to arbitration Power to refer parties to arbitration |  Waiver  

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

     Updates by Kushager Relhan

Nirman Panchvati Developers Pvt. Ltd. and another v. Wellcity Real Estate Pvt. Ltd. and others (https://indiankanoon.org/doc/109727706/) Bombay High Court; Single-judge bench, GS Patel J, decided on 02 March 2020   A. PREFACE On 10 April 2019, in Garware Wall Ropes v. Coastal Marine Constructions & Engineering Ltd., (2019) 9 SCC

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Categories: Appointment of arbitrator |  Arbitration agreement  |  Section 11 |  Stamp duty |  Stamping of arbitration agreement |  The Garware Rule  

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  

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)

     Updates by Editor

Dr Bina Modi v. Lalit Modi and others, CS(OS) 84/2020 Delhi High Court; single-judge bench, Rajiv Sahai Endlaw J.; Decided on 3 March 2020   A. PREFACE: SEEKING ANTI-ARBITRATION INJUNCTION ON THE GROUND THAT DISPUTE IS NOT ARBITRABLE–RELYING ON VIMAL KISHOR SHAH AND VIDYA DROLIA CASE. The question before the High

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Categories: Anti-arbitration injunction  |  Arbitrability |  Competence Competence |  Kompetenz-kompetenz |  Nonarbitrability |  Section 16 |  Who decides question?  

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