The court observed that as per the recent Supreme Court decision ...

Arbitral Tribunal to Address Arbitrability First; Justice Appointed as Sole Arbitrator to Resolve Disputes.

September 14, 2024

Case Laws Indian Laws SC

The court observed that as per the recent Supreme Court decision in SBI General Insurance Co. Ltd. versus Krish Spinning, the arbitral tribunal is the preferred first authority to determine questions of arbitrability and jurisdiction, and courts at the referral stage should not delve into contested issues involving complex facts. The respondents raised objections but did not deny the existence of the arbitration agreement invoked by the petitioner, satisfying the requirement of prima facie existence u/s 11 of the Arbitration & Conciliation Act, 1996. Once constituted, the tribunal can consider respondents' objections before adjudicating petitioner's claims. Justice Mohit S. Shah, former Chief Justice of Bombay High Court, was appointed as the sole arbitrator, with fees and modalities to be fixed in consultation with parties. The petition was allowed.

View Source

← Previous Next →

The court observed that as per the recent Supreme Court decision ...

Arbitral Tribunal to Address Arbitrability First; Justice Appointed as Sole Arbitrator to Resolve Disputes.

September 14, 2024

Case Laws Indian Laws SC

You may also like:

Appointment of Arbitrator in applications - notified claims or not - Section 11(6) of the Arbitration Act - It is observed that the learned Arbitrator shall first decide...

Appointment of arbitrator - The order passed by the High Court to the extent directing to constitute an Arbitral Tribunal in terms of clause 64(3)(b) of the GCC is...

Seeking appointment of an arbitrator for the adjudication of disputes - The two conditions contained in Clause 55 of the GCC, one relating to 7% deposit of the total...

Appointment of an arbitrator - When the agreement specifically provides for appointment of Arbitral Tribunal consisting of three arbitrators from out of the panel...

Grant of Interim Award - There was a fundamental failure of the first Arbitral Tribunal to address the plea raised by ONGC for attracting the group of companies doctrine....

Execution of the award passed by the learned Arbitral Tribunal/Court - If the High Courts convert itself to the Executing Court and entertain the writ petitions under...

Validity of Arbitral Award - In the remand back case, the Arbitrator was warned not to be influenced by the factors that weighed in his mind while making the First Award....

Seeking appointment of a sole arbitrator - international commercial arbitration or not - distributors of Amway products in India - sole proprietary concern is equated...

The principles of independence and impartiality of arbitral tribunals under the Arbitration and Conciliation Act 1996 were evaluated in relation to party autonomy....

Validity of award of interest by the sole arbitrator - earnest money and security deposits or not - The learned Arbitrator in the instant case has erred in awarding...

Appointment of an arbitrator - Declination to appoint an Arbitrator in exercise of its power under Section 11(6) of the Arbitration and Conciliation Act, 1996 - So far...

Grant of Arbitral Award - when a Court is applying the ‘public policy’ test to an arbitral award, it does not act as a court of appeal and consequently errors of fact...

The Court addressed whether a non-signatory party should be referred to arbitration along with the signatory parties. It held that the referral court must prima facie...

Refusal to appoint an arbitrator and refer the dispute to the arbitrator - The dispute is with respect to the Share Subscription and Shareholders Agreement which is...

Termination of mandate of sole arbitrator - absence of any written contract containing the arbitration agreement - In the present case, the parties themselves agreed on...

Quick Updates: