Tag: Arbitration and Conciliation Act
Permissive clause ‘may’ not be binding
The Supreme Court held that a clause using permissive language like “may” does not form a binding arbitration agreement under section 7
Confusion about who rules on corporate governance
Delhi HC sets aside interim injunction in director removal dispute, highlights corporate governance limits under arbitration law
Mediation does not extend petition limitation
Delhi High Court ruled on limits to petitions under section 11(6) in Tirupati Constwell v Delhi States (2025)
Court reaffirms limited interference under act
Supreme Court limits interference in arbitral awards under section 34
India’s arbitration dilemma
Arbitration is favored for commercial disputes, but judicial review remains debated
Court addresses international nature of arbitration
Delhi High Court ruled on whether arbitration awards qualified as ICA, limiting judicial review compared to domestic arbitration
Supreme Court allows more time to pass arbitral award
The Supreme Court allows time extensions for arbitral awards past the mandate expiry with sufficient cause
Arbitration about-face?
Despite years of promoting India as an arbitration hub, the Ministry of Finance now urges government departments to reduce reliance on arbitration
Arbitrators’ rights to terminate proceedings curbed
The Supreme Court has delivered a significant judgment, in Dani Wooltex Corporation & Ors v Sheil Properties & Anr
Constitution upholds arbitration neutrality, party autonomy
Supreme Court invalidates arbitration clauses in Lombardi Engineering Ltd v Uttarakhand Jal Vidyut Nigam Ltd. Deposit requirement and government-appointed arbitrators ruled unconstitutional
Arbitrator autonomy still demands proper decision-making
In Batliboi v Hindustan Petroleum, the Supreme Court affirmed the arbitrator's right to interpret contract terms reasonably, barring award annulment
Resolving an unstamped non-disclosure agreement
In a recent judgment, the Bombay High Court dealt with the issue of stamp duty on non-disclosure agreements containing an arbitration clause
FICL discusses domestic and international commercial arbitration
Issues on institutional domestic and international commercial arbitration were discussed at a Federation of Indian Corporate Lawyers (FICL) event on 17 March
Separate cotton contracts do not unravel dispute decision
The Bombay High Court recently heard a petition under section 34 of the Arbitration and Conciliation Act, 1996
Council overrides arbitration agreement under MSMED Act
The recourse of referring to facilitation council would be available to parties only in the event of there being no clause in the contract that states that the resolution of a dispute shall be done by way of arbitration
References not enough to compel arbitration
Where there is merely a possibility of the parties agreeing to arbitration in the future, in contrast to an obligation to refer disputes to arbitration, there is no valid and binding arbitration agreement
Court not obliged to remit matters to arbitral tribunals
In a Supreme Court judgment it was held that section 34(4) of the Arbitration and Conciliation Act, 1996 can be used to record reasons for findings already produced in an award
