Arbitration
Referral, appointment, the seat, and challenges to awards.
15 of the 20 judgments in our library on this topic: the ones other judgments here cite most, oldest first.
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Start: Bhatia International v. Bulk Trading S.A.Your progress is kept in this browser. Sign in to keep it on every device and count it in your reading streak.
13 March 2002 · 3 judges · cited by 2 judgments in this library
Bhatia International v. Bulk Trading S.A.Part I of the Arbitration and Conciliation Act, 1996 applies to international commercial arbitrations held outside India unless the parties exclude it, so an Indian court can grant interim measures under Section 9 in an ICC arbitration seated in Paris.
On this path for: Section 2(2), (4), (5) and (7), Arbitration and Conciliation Act, 1996; Section 9, Arbitration and Conciliation Act, 1996; Section 1, Arbitration and Conciliation Act, 1996
10 January 2008 · 2 judges · cited by 1 judgment in this library
Venture Global Engineering v. Satyam Computer Services Ltd.Following Bhatia International, Part I of the Arbitration and Conciliation Act, 1996, including Section 34, applies to a foreign award unless excluded by agreement, so the appellant's Indian suit to set aside a London award could proceed.
On this path for: Section 2(2) and 2(5), Arbitration and Conciliation Act, 1996; Section 34, Arbitration and Conciliation Act, 1996; Section 48, Arbitration and Conciliation Act, 1996
22 October 2009 · 2 judges · cited by 1 judgment in this library
N. Radhakrishnan v. Maestro EngineersA civil court may refuse to refer a dispute to arbitration under Section 8 of the 1996 Act where it involves serious allegations of fraud needing detailed evidence; the original arbitration agreement must also be filed under Section 8(2).
On this path for: Section 8, Arbitration and Conciliation Act, 1996
6 September 2012 · 5 judges · cited by 1 judgment in this library
Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc.The Constitution Bench held that Part I of the Arbitration and Conciliation Act, 1996 applies only to arbitrations seated in India, overruled Bhatia International and Venture Global, and applied this law prospectively to arbitration agreements executed after the judgment.
On this path for: Section 2(2), (1)(e) and (7), Arbitration and Conciliation Act, 1996; Section 9, Arbitration and Conciliation Act, 1996; Section 20, Arbitration and Conciliation Act, 1996
28 September 2012 · 3 judges · cited by 1 judgment in this library
Chloro Controls India (P) Ltd. v. Severn Trent Water Purification Inc.Under Section 45 of the Arbitration Act, a person claiming through or under a party, including a non-signatory in exceptional cases of composite transactions, may be referred to arbitration; the Court upheld reference of the whole suit to ICC arbitration.
On this path for: Section 45, Arbitration and Conciliation Act, 1996; Section 44, Arbitration and Conciliation Act, 1996; First Schedule (New York Convention), Arbitration and Conciliation Act, 1996
3 July 2017 · 3 judges · cited by 2 judgments in this library
TRF Ltd. v. Energo Engineering Projects Ltd.A Managing Director who has become ineligible under Section 12(5) of the Arbitration Act read with the Seventh Schedule to act as arbitrator cannot nominate another person as sole arbitrator.
On this path for: Section 12(5), Arbitration and Conciliation Act, 1996; Seventh Schedule, Arbitration and Conciliation Act, 1996; Section 11(6), Arbitration and Conciliation Act, 1996
12 October 2017 · 2 judges · cited by 1 judgment in this library
Himangni Enterprises v. Kamaljeet Singh AhluwaliaA landlord's suit for eviction and arrears of rent was held triable by the Civil Court, not by an arbitrator, even though the premises were exempt from the Delhi rent law; the tenant's Section 8 application failed.
On this path for: Section 8, Arbitration and Conciliation Act, 1996
26 November 2019 · 2 judges · cited by 1 judgment in this library
Perkins Eastman Architects DPC v. HSCC (India) Ltd.A party, or its official, interested in the outcome of a dispute cannot unilaterally appoint a sole arbitrator; the Court annulled the respondent's appointment and itself appointed a sole arbitrator under Section 11(6).
On this path for: Section 11, Arbitration and Conciliation Act, 1996; Section 12, Arbitration and Conciliation Act, 1996; Section 2(1)(f), Arbitration and Conciliation Act, 1996
10 December 2019 · 3 judges · cited by 1 judgment in this library
BGS SGS Soma JV v. NHPC Ltd.Designating a seat of arbitration works as an exclusive jurisdiction clause for the courts at the seat; an order returning a Section 34 petition is not appealable under Section 37; New Delhi was held to be the seat.
On this path for: Section 37, Arbitration and Conciliation Act, 1996; Section 20, Arbitration and Conciliation Act, 1996; Section 2(1)(e), Arbitration and Conciliation Act, 1996
14 December 2020 · 3 judges · cited by 3 judgments in this library
Vidya Drolia v. Durga Trading CorporationThe Court laid down a four-fold test for non-arbitrability, overruled Himangni Enterprises to hold landlord-tenant disputes under the Transfer of Property Act arbitrable, and confined courts under Sections 8 and 11 to a prima facie review.
On this path for: Section 8, Arbitration and Conciliation Act, 1996; Section 11, Arbitration and Conciliation Act, 1996; Section 16, Arbitration and Conciliation Act, 1996
25 April 2023 · 5 judges · cited by 1 judgment in this library
N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd.By majority, an arbitration agreement in an instrument chargeable with stamp duty that is unstamped or insufficiently stamped does not exist in law and cannot be acted upon until the instrument is validated under the Stamp Act.
On this path for: Section 11(6A), Arbitration and Conciliation Act, 1996; Section 7, Arbitration and Conciliation Act, 1996
6 December 2023 · 5 judges
Cox and Kings Ltd. v. SAP India Pvt. Ltd.The group of companies doctrine is valid in Indian arbitration law and can bind a non-signatory group company where the parties' mutual intention shows it, but it cannot rest on the phrase "claiming through or under".
On this path for: Section 2(1)(h), Arbitration and Conciliation Act, 1996; Section 7, Arbitration and Conciliation Act, 1996; Section 8, Arbitration and Conciliation Act, 1996
13 December 2023 · 7 judges · cited by 1 judgment in this library
In Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899A seven-judge bench held that an unstamped or insufficiently stamped agreement is inadmissible in evidence but not void, and that objections about stamping are for the arbitral tribunal, not the referral court under Sections 8 or 11.
On this path for: Section 11(6A), Arbitration and Conciliation Act, 1996; Section 8, Arbitration and Conciliation Act, 1996; Section 16, Arbitration and Conciliation Act, 1996
8 November 2024 · 5 judges
Central Organisation for Railway Electrification v. ECI SPIC SMO MCML (JV)Equal treatment under Section 18 applies to the appointment of arbitrators; unilateral appointment of a sole arbitrator, or compelling the other party to choose from a panel curated by one party, is invalid; the ruling for three-member tribunals is prospective.
On this path for: Section 18, Arbitration and Conciliation Act, 1996; Section 12(5) and Seventh Schedule, Arbitration and Conciliation Act, 1996; Section 11, Arbitration and Conciliation Act, 1996
30 April 2025 · 5 judges
Gayatri Balasamy v. ISG Novasoft Technologies Ltd.A court hearing a challenge under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 has a limited power to modify an arbitral award, exercisable only in specified circumstances.
On this path for: Section 34, Arbitration and Conciliation Act, 1996; Section 37, Arbitration and Conciliation Act, 1996; Section 33, Arbitration and Conciliation Act, 1996
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