Category: Arbitration-High Court

Section 31A(1) of Arbitration and Conciliation Act, 1996 allows only for reasonable costs to be recovered and not actual costs as claimed by the party, the test of reasonableness must be done by Arbitral Tribunal – National Highways Authority of India Vs. Ashoka Buildcon Ltd. – Delhi High Court

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What is the venue of arbitration in a case where arbitration clause in invoice provides venue of the Arbitration at different location than arbitration clause in Purchase Order?- Parekh Plastichem Distributors LLP Vs. Simplex Infrastructure Ltd. – Bombay High Court

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Whether the Chief Justice or his designate empowered u/s 11 to consider a request for arbitration, can grant extension of time as required u/s 29A of the Arbitration and Conciliation Act, 1996 or is it the Principal Civil Court of original jurisdiction in the District or the High Court having original civil jurisdiction, alone who will be empowered to exercise the power u/s 29A – India Power Corporation (Bodhgaya) Ltd. Vs. South Bihar Power Distribution Company Ltd. – Patna High Court

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First Court where a party to an Arbitration Agreement files an application under Part-I of Arbitration and Conciliation Act, 1996 must be a Court of competent jurisdiction and the petition must be validly/properly constituted – Liberty Footwear Company Vs. Liberty Shoes Ltd. – Delhi High Court

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It is not an absolute right of party to file a petition under Section 34 of Arbitration and Conciliation Act, 1996, after expiry of limitation period u/s 34(3) | Section 14 of the Limitation Act cannot be considered an absolute right – Paramount Ltd. Vs. Ion Exchange (India) Ltd. – Bombay High Court

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There is an in-built provision under the Arbitration Act, viz. Section 11(6)(c), which provides for appointment of an Arbitrator in the event the MSE Facilitation Council failed to refer the dispute to arbitration – Microvision Technologies Pvt. Ltd. Vs. Union of India – Bombay High Court

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