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Category: Patent Illegality
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08 October 2019, Tuesday
Standard for setting aside arbitral award (Delhi High Court)
by
Aimen Reshi
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22 October 2019, Tuesday
Standard for setting aside award; Grounds under section 34 to set aside an award are not attracted i...
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23 June 2020, Tuesday
Shocking, unfair award against Jackie Shroff set aside (Bombay High Court)
by
Shruti Mishra
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22 June 2020, Monday
No interference with award if tribunal's view plausible (Bombay High Court)
by
Saloni Jaiman
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08 October 2019, Tuesday
Standard for setting aside arbitral award (Delhi High Court)
by
Aimen Reshi
Update
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29 January 2020, Wednesday
Standard for setting aside arbitral award; permissibility of re-appreciating findings of fact in set...
by
Aimen Reshi
,
Avantika Verma
Case Comment
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10 April 2020, Friday
What is patent illegality? A short comment in light of two Delhi High Court's decision
by
Prashant Mishra
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10 April 2020, Friday
Application of the patent illegality doctrine (Delhi High Court)
by
Editor
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03 December 2021, Friday
Interesting example of applying the set aside grounds : Delhi High Court
by
Aimen Reshi
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08 December 2021, Wednesday
Award patently illegal because it contravened Section 28 (3) ACA: Supreme Court of India
by
Aimen Reshi
Weekly highlights
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2 years ago
Application of set aside grounds iterated and award partly set aside for jurisdictional error: Supre...
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2 years ago
The question of applicability of CPC to arbitration cases is pending in the Supreme Court: Kerala Hi...
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2 years ago
Allowing compensation for cost escalation and additional expenses during the delayed period caused b...
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2 years ago
Because views of members of a tribunal are separately recorded does not make each view an award: Ker...
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2 years ago
The appellate court cannot conduct a merits-based review under Section 37 ACA: Supreme Court of Indi...
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2 years ago
An award cannot be remitted to find a contentious issue not dealt with earlier but only fill up the...
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2 years ago
Award restored by upholding the tribunal’s power to grant compound interest and interpret the contra...
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2 years ago
Power to grant pre-reference and pendente lite interest is subject to agreement but court’s or tribu...
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2 years ago
Set aside petition assailing grant of claims on additional work, overheads for variation, idling cha...
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2 years ago
Merely because the interest component is large is not a ground to deny it. The legal position on gra...
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2 years ago
Group of companies doctrine applied to bind non-signatory, the preclusive effect of Section 16 and e...
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2 years ago
Substantive liability under the MSMED Act remains even if the arbitrator had been appointed under Se...
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2 years ago
Part-payment of an invoice does not extend the limitation period towards other unpaid invoices if th...
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2 years ago
What does the phrase “about 1000kg/day” mean? The arbitrator ruled the quantity referred is not capp...
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2 years ago
An arbitral tribunal is the final adjudicator of interim relief, and the scope of interfering with t...
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2 years ago
Principle that set-aside court cannot interfere with finding of fact applied to issue of waiver and...
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2 years ago
It is patent illegality not to allow parties present their case to the expert appointed by the tribu...
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2 years ago
Tribunal has a wide discretion to award interest under Section 31(7) ACA: Delhi High Court
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2 years ago
Court can apply patent illegality ground on its own. Award vitiated in this case because patent ille...
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2 years ago
Award not patently illegal where imposition of liquidated damages (LD) was disallowed on the reasoni...
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2 years ago
Setting aside of shocking and unfair award against Jackie Shroff upheld: Supreme Court of India
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3 years ago
Tribunal’s interpretation of contract cannot be disturbed, but award unreasoned on another principal...
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3 years ago
Examination by tribunal of limitation-barred claim did not violate public policy of India. Even if i...
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3 years ago
Tribunal has a substantial discretion to award interest under Section 31(7) ACA: Supreme Court of In...
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3 years ago
An award that was based on no evidence and unilaterally altered the contract rightly set aside (Supr...
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3 years ago
1. Award against BCCI patently illegal (Bombay High Court)
by
Aimen Reshi
,
Amitabh Abhijit
Weekly highlights
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3 years ago
1. Revaluation of evidence not permissible even if the court has a different view (Delhi High Court)
by
Prashant Mishra
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3 years ago
6. Equitable set-off rightly not applied by the tribunal (Delhi High Court)
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3 years ago
5. Amendment of the statement of claim at a 'late' stage not patently illegal (Madhya Pradesh High C...
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3 years ago
1. Bifurcating arbitration suo moto and allowing parties to lead further evidence is patently illega...
by
Avantika Verma
,
Weekly highlights
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3 years ago
7. Allowing electronic evidence in arbitration without Section 65B affidavit is okay (Delhi High Cou...
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