India - Litigation Snapshots.

Legal News & Analysis – Asia Pacific - India - Dispute Resolution

20 January, 2020

 

  • SC Strikes Down Section 87 of the Arbitration and Conciliation Act, 1996

    The SC in Hindustan Construction Company Limited v. Union of India struck down Section 87 of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’), which was recently introduced by the Arbitration and Conciliation (Amendment) Act, 2019 (‘2019 Amendment’), as being manifestly arbitrary and violative of Article 14 of the Constitution of India...

 

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  • SC rules on Exclusion of Time spent before a Court not having Jurisdiction for determining the Period for challenging an Arbitral Award

    Under Section 34(3) of the Arbitration and Conciliation Act, 1996, an award has to be challenged within three months from the date of the award, with a 30-day grace period where the Court may condone the delay, but not thereafter. In Oriental Insurance Co. Ltd. v. M/s Tejparas Associates & Exports Pvt. Ltd., the appellant had filed a petition against an arbitral award before a court not having jurisdiction...

 

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  • SC holds that Matters Specifically ‘Excepted’ by Parties to Contract are not Arbitrable

    SC in Mitra Guha Builders (India) Company v. Oil and Natural Gas Corporation Limited upheld the decision of the Division Bench of the Delhi High Court, that an arbitrator ought not to have dealt with and passed an award on an issue which forms an ‘excepted matter’ and is excluded from the scope of the arbitration...

 

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  • Venue of Arbitration would be Deemed to be its Seat if not Expressly Designated

    A three-judge bench of the SC in BGS SGS SOMA JV. v. NHPC Ltd.  held that the selection of a seat for an arbitration proceeding is tantamount to conferring exclusive jurisdiction to the courts of the place at which such seat is located...

 

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For further information, please contact:

 

Zia Mody, Partner, AZB & Partners

zia.mody@azbpartners.com