Author: Ramroop

Period of delay in filing appeal u/s 61 of IBC, from date of restoration application to disposed of as withdrawn of CIRP initiation application cannot be excluded by giving the benefit of Section 14 of Limitation Act – Harish Kumar Vs. Solitaire Infomedia Pvt. Ltd. & Anr. – NCLAT New Delhi

Posted by on in IBC-Case Laws-NCLAT, Newsletter-IBC Case

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In Section 37 of Arbitration and Conciliation Act, 1996, the Court cannot re-appreciate evidence or enter into the merits of an arbitral award but can only adjudicate upon the order impugned in the proceedings to determine whether the Section 34 Court has exceeded its jurisdiction under Section 34 or not – National Highways Authority of India Vs. GVK Jaipur Expressway Pvt. Ltd. – Delhi High Court

Posted by on in Arbitration-High Court, Newsletter-Arbitration

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Arbitrators must exercise in dealing with financial claims based on the mathematical derivations in the context of complex construction contracts, Errors of facts cannot be corrected, when a Court is applying the Public Policy test to an Arbitral Award – Satluj Jal Vidyut Nigam Ltd. Vs. M/s Jaiprakash Hyundai Consortium & Ors. – Delhi High Court

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Performance Security Bank Guarantee being unconditional absolute, and petitioners having failed to make out an exceptional case of special equity, the Bank Guarantee cannot be interdicted under Section 9 of the Arbitration & Conciliation Act, 1996 – M/s Mantena Vsishta Bridge JV & Ors. Vs. National Highways and Infrastructure Development Corporation Ltd. & anr – Delhi High Court

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Section 8 of the Arbitration and Conciliation Act, 1996 provides that the party to the arbitration merely needs to insinuate the judicial authority about the arbitration clause before the filing of the first statement – Dwarkadas Himatlal Shah Thro LHS Ripak Dwarkadas Shah Vs. LHS of Decd. Girishbhai Himatlal Shah – Gujarat High Court

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