Arbitration Judgements by High Court & Supreme Court Of India

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Arbitration

Google – Digital Ads of the Petitioner disapproved / marked as “Limited” – Google Advertising Terms for Arbitration at Santa Clara County California – Section 9 of AA petition filed in Delhi High Court

Arbitration – Section 11 – Limitation – Delay of six years in making application for appointment – Whether Section 21 notice or claim for repayment is time barred

Arbitration Act – Mandate of Arbitrator – Sections 29A(4) and (5) – Court has powers to extend mandate of Arbitrator and extend time retrospectively even after award was passed – Kerala High Court

Arbitration Agreement – Acquittal of offence under Section 138 of the Negotiable Instruments Act, 1881, since nature of dispute is civil and without approaching arbitrator, complaint is not maintainable.

Arbitration – Arbitral Award passed as per the arbitration notice dated 30.10.2018 was quashed under Section 34 in 2023 – Fresh notice under Section 21 is not necessary for invocation of arbitration & appointment of Arbitrator

Arbitration – Section 11 – Parties agreed for arbitral institution which insists for its membership – Important question whether arbitral institution can insist for such membership

Arbitral Award – Important question – Whether non-obstante clause in Section 18(1) & (4) of MSMED ACt, 2006, override arbitration agreement and venue of arbitration chosen by the parties?

Arbitration Act – Section 34 – Appeal – Delay in filing – Mandatory duty of the District Judge to inquire and find out the date when copy of Arbitral Award was received to record finding on delay.

Arbitral Award in the nature of money decree – Stay – Interplay of Sections 36(3) and 37 of the Arbitration Act and guiding principles

Arbitration Act – Execution of Arbitral Award – Failure of Award Debtor to appear in Court – Important Directions of the Bombay High Court for attachment of Bank Accounts and non-bailable warrant.