arbitration law

Statutory Interpretation versus Hierarchical Presumptions: Supreme Court Settles Section 29A Jurisdiction

Summary: The Supreme Court in Jagdeep Chowgule v. Sheela Chowgule resolved conflicting High Court views on whether Section 29A application to extend an arbitral tribunal’s mandate lies before the High Court or the Civil Court. Drawing a clear and principled distinction between appointment jurisdiction and supervisory jurisdiction, it held that jurisdiction under Section 29A rests exclusively with the “Court” as defined in Section 2(1)(e), irrespective of whether the tribunal was appointed under Section 11(2) or 11(6). Rejecting a hierarchy‑based reasoning, the judgment affirms statutory text as the sole determinant of jurisdiction, thereby bringing clarity and consistency to Indian arbitration jurisprudence. The Court invoked Dicey’s enduring dictum: “however high you may be, the law is above you.”

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Summary: The article examines the Indian Supreme Court’s landmark ruling in C. Velusamy v. K. Indhera, which confirms that courts retain the power under Section 29A(5) of the Arbitration and Conciliation Act, 1996 to extend an arbitrator’s mandate even after an award has been passed following the expiry of that mandate. Crucially, the Court clarified that such a post-mandate award is unenforceable, and any extension of the mandate does not validate the defective award. Instead, the tribunal may resume proceedings from the point at which the mandate expired and deliver a fresh, valid award within the extended period. The judgment clarifies that an award delivered after the expiry of mandate of the tribunal is not fatal to the arbitration itself, and procedural steps may be taken to revive and resume the arbitration so that a valid award may be delivered to bring the arbitration to conclusion.

Continue Reading When the Clock Runs Out: The Supreme Court Reaffirms Courts’ Power to Extend Arbitrator’s Mandate Post Award  
Does mere existence of an Arbitration Agreement Sink a Plaint under Order VII Rule 11(d) of the CPC?

Introduction

The interplay between civil procedure and arbitration law often raises nuanced questions related to jurisdiction and maintainability. A recurring concern is the attempt to seek rejection of a plaint on the ground that the dispute is governed by a legally valid and subsisting arbitration agreement.

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Exclusive Jurisdiction vs Seat Conundrum: Delhi High Court Expands Jurisprudence

Summary: This article examines the evolving jurisprudence on the interplay between “exclusive jurisdiction” and “seat of arbitration” clauses in Indian arbitration landscape. The Delhi High Court’s decision in Viva Infraventure v. NOIDA highlights that an express exclusive jurisdiction clause will override a seat determined by the arbitrator. The judgment underscores the primacy of party autonomy and contractual intent. It also reinforces the importance of precise drafting in arbitration clauses to avoid jurisdictional conflicts and ensuring legal clarity.

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Revisiting Unilateral Arbitrator Appointments: The Supreme Court’s New Stance on Fairness and Equality

Introduction

Party autonomy is undoubtedly a cornerstone of arbitration proceedings, allowing parties substantial freedom to shape the contours of their dispute resolution process. This freedom extends to choosing arbitrators and defining procedural rules, reflecting a central appeal of arbitration over litigation. However, this autonomy has limits, particularly where it intersects with the mandatory provisions of the Arbitration and Conciliation Act, 1996 (“Arbitration Act / Act”), designed to uphold fairness, impartiality and transparency.

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CONUNDRUM SURROUNDING SECTION 42 OF ARBITRATION AND CONCILIATION ACT, 1996

INTRODUCTION

India’s arbitration law is thorough and organic because of its ever-evolving nature, through several amendments and decisions of the courts from time to time. However, the strict wordings of certain provisions contained in the Arbitration and Conciliation Act, 1996 (“Arbitration Act”),have caused a stir, for which courts have had to step in and use the tools of interpretation to resolve such practical dilemmas.

Continue Reading Conundrum Surrounding Section 42 of Arbitration and Conciliation Act, 1996