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Category: Section 37 ACA

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27 March 2021, Saturday

NV International overruled, and limitation governing appeals under Section 37 ACA clarified

by Editor

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09 December 2020, Wednesday

Is dismissal of a set-aside petition on limitation appealable? Though answering no, the Delhi High C...

by Editor

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13 June 2020, Saturday

Specific performance of a determinable contract cannot be granted nor can any injunction be issued t...

by Amitabh Abhijit

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13 October 2019, Sunday

Order appointing receiver in execution of award is not appealable? (Bombay High Court)

by Editor

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01 January 2020, Wednesday

Arbitration matters and High Court's power under Article 227 of the Constitution (Supreme Court of I...

by Editor

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05 January 2020, Sunday

Limitation to file appeal under Section 37 from a Section 34 proceedings is a maximum of 120 days (S...

by Aimen Reshi

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05 January 2020, Sunday

Which court has jurisdiction over the arbitral process? Et al. (Supreme Court of India)

by Aimen Reshi ,  Prashant Mishra

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05 September 2021, Sunday

An order by SIAC’s Emergency Arbitrator in India-seated arbitration is enforceable in India (Supreme...

by Editor

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05 September 2021, Sunday

An order by SIAC’s Emergency Arbitrator in India-seated arbitration is enforceable in India (Supreme...

by Editor

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27 September 2021, Monday

Restrictive application of Section 5 of the Limitation Act to arbitration appeals: a small example o...

by Aimen Reshi ,  Prashant Mishra

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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

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2 years ago

Procedural orders of tribunal are not orders under Section 17 and hence not appealable under Section...

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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

Sufficiency of stamping of the arbitration agreement is a jurisdictional issue. A loan agreement is...

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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

Tribunal’s order securing the amount in dispute in arbitration is not patently illegal. But the depo...

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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

The arbitrator’s interim order interfering with the commercial wisdom of a party to not renew a cont...

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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

That no ‘authoritative’ decision discusses the impact on commercial contracts of amendments to Speci...

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2 years ago

Section 9 is not a tool to recover money: Delhi High Court

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2 years ago

Cancellation of work order stayed because it was passed in breach of natural justice: Uttarakhand Hi...

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2 years ago

Reminders do not extend limitation period nor the fact the debt remained outstanding: Delhi High Cou...

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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

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

Arbitral tribunal’s order of interim relief is discretionary. A sound and reasoned order injuncting...

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2 years ago

Award partly set aside for jurisdictional error: Supreme Court of India

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2 years ago

Under Section 37 ACA, the appellate court is only required to see if the set-aside court acted in ac...

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3 years ago

Delay of 355 days condoned in Section 37 appeal post-Borse Brothers: Calcutta High Court

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3 years ago

Prima facie case alone not sufficient for grant of interim mandatory injunction: Delhi High Court

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3 years ago

If post-award interest is granted only on the principal sum, the calculation of the principal sum wo...

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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 arbitral tribunal cannot grant ex parte relief: Bombay High Court

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3 years ago

Tribunal’s procedural order for costs is not appealable. The remedy lies before the tribunal itself...

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3 years ago

There should be mechanism for information of all execution petitions on a common platform: Delhi Hig...

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3 years ago

Scope of appeal under Section 37 ACA from the tribunal’s order under Section 17 ACA: Madras High Cou...

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3 years ago

SIAC’s Emergency Arbitrator order in India-seated arbitration is enforceable in India under Section...

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3 years ago

How is the period of three months under Section 34 (3) ACA calculated?: Delhi High Court

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3 years ago

An award cannot be remitted to consider an issue on which the tribunal gave no finding (Delhi High C...

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3 years ago

A mandatory interim injunction should be granted on well-known principles, not special equities (Del...

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3 years ago

3. Ad-interim order made in Section 9 petition is not appealable (Meghalaya High Court)

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3 years ago

4. The power to issue interim directions does not involve final adjudication, interpreting and e...

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3 years ago

5. Courts cannot give final relief in section 9 proceedings; Scope of interim relief sought cannot b...

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3 years ago

1.The scope of the court’s appellate powers under Section 37 (2) (a) ACA? (Delhi High Court)

by Avantika Verma , 

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3 years ago

1. Styling as an interim measure, a Section 9-court cannot make orders amounting to a final adjudica...

by Akshat Shukla ,  Saloni Jaiman

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3 years ago

3. An interim order securing the amount in dispute can be made in case of admitted liability (Delhi...

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3 years ago

5. A new plea cannot be raised in set-aside proceedings (Delhi High Court)

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3 years ago

2. Limitation period for filing appeal under Section 37 ACA (Supreme Court of India)

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3 years ago

4. Scope of appellate court’s power under Section 37 ACA (Delhi High Court)

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3 years ago

5. The set-aside court would not lift the corporate veil just because a different view on the eviden...

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