[LLP Act] Partners Bound To Refer Disputes To Arbitration Even Without Such Clause In Agreement Under Entry 14 Of First Schedule: Karnataka HC

The Karnataka High Court has said that Entry 14 of the First Schedule of the Limited Liability Partnership Act 2008 is in effect a statutory and compulsory arbitration, which is required to be adhered to by the partners in a limited liability partnership.For Context: Entry 14 of the First Schedule of LLP Act, 2008 reads thus: All disputes between the partners arising out of the limited...

CERC's Powers To Refer Disputes To Arbitration Extends To Even Those Cases Which Fall Outside Its Jurisdiction: Delhi High Court

In a noteworthy judgment for the renewable energy sector, the Delhi High Court has observed that the power of Central Electricity Commission (“CERC”) under Section 79(1)(f), Electricity Act to refer parties to arbitration is wider than its power to adjudicate. A bench of Justice Purushaindra Kumar Kaurav observed that CERC in exercise of its adjudicatory powers can...

Madras High Court Stays Release Of “Kumki 2” Movie Amidst Money Dispute

The Madras High Court has temporarily stayed the release of the Tamil movie “Kumki 2” amidst money disputes between a financier and the producers of the movie. Justice Anand Venkatesh passed the interim orders on a petition filed by S.Chandraprakash Jain under Section 9 of the Arbitration and Conciliation Act seeking an ad interim injunction restraining the distribution...

Arbitration Agreement Is Valid Even Without Signature If Parties Acted Upon It: Kerala High Court

The Kerala High Court held that written agreement need not to be signed by the parties if the consensus ad idem and intention to arbitrate is reflected from the conduct of the parties and documentary evidence. Justice S. Manu allowed the application seeking reference to arbitration holding that an arbitration agreement in writing may exist even without signatures provided there is a...

Typographical Error In Title Of Arbitral Award Can Be Corrected Beyond 30 Days If Caused By Tribunal's Mistake: Delhi High Court

The Delhi High Court held that a clerical or typographical error in the title of an arbitral award can be corrected even after 30 day limitation period provided under section 33 of the Arbitration Act if the mistake originated from the tribunal itself and not from the parties. The Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela...

Multiple Agreements Forming Part Of Same Commercial Project Can Be Referred To Single Arbitration: Gujarat High Court

The Gujarat High Court recently held that various agreements entered into between the parties forming part of the same commercial project can be referred to Arbitration, and one arbitrator can be appointed to adjudicate all the disputes arising from the various agreements. The Bench of Chief Justice Sunita Agarwal, while hearing a petition u/s 11 of the A&C Act, moved by...

Arbitral Award Without Corroboration Of Claim Certificate Patently Illegal: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that when there is no appearance of a qualified person to corroborate the claim certificate, the arbitral award suffers patent illegality.A Division Bench of Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma remarked that: “In the absence of corroboration of the certificate… and any qualified person putting in appearance, the award of...

'Arbitrator Interpreted Contract Contrary To Railway Policies' : Supreme Court Sets Aside Award Against IRCTC

The Supreme Court on Friday (November 7) set aside the multi-crore arbitral award passed against the Indian Railways Catering and Tourism Corporation Limited (“IRCTC”), holding that the arbitrator had impermissibly "rewritten the contract" between the parties. “Rewriting a contract for the parties would be a breach of the fundamental principles of justice, entitling a Court to...

Mere Use Of Word 'Arbitration' Does Not Create Arbitration Agreement Unless Parties Clearly Intend So: Supreme Court

The Supreme Court upheld the Punjab and Haryana High Court's decision refusing to refer the dispute to arbitration, observing that the mere use of the term “arbitration” in a clause is not sufficient to mandate reference to arbitration unless the parties clearly intended to resolve their disputes through arbitration. “mere use of the word 'arbitration” is not sufficient to treat...

Future Coupons Moves Delhi High Court Against SIAC Award In Favour Of Amazon

Kishore Biyani led Future Coupons Private Limited (FCPL) has moved the Delhi High Court challenging the Singapore International Arbitration Centre (SIAC) award that directed the company and its promoters to pay Rs 23.7 crore in damages, along with arbitration and litigation costs, to Amazon.com NV Investment Holdings LLC.A Single Bench of Justice Jasmeet Singh, after counsel for Future...

NCLT Mumbai Approves Merger Of Snack Brand 'Dinshaws' With Its Dairy Business

The National Company Law Tribunal (NCLT) at Mumbai on Monday approved the merger of Dinshaws Snacks & Foods Private Limited with Dinshaw's Dairy Foods Private Limited, bringing the popular snack brand and its dairy arm under a single company.A coram of Judicial Member K R Saji Kumar and Technical Member Anil Raj Chellan in an order passed on November 3 observed that the scheme was fair...

Arbitration | Objections To Arbitral Award Execution Maintainable Only If Decree Is Void Or Without Jurisdiction : Supreme Court

The Supreme Court on Monday (November 3) ruled against the stalling of the enforcement of an arbitral award at the execution stage, reiterating that the objections against the execution of an award lie in a narrow compass, such as only when a decree is inherently void or passed without jurisdiction. A bench of Justices Sanjay Kumar and K.V. Viswanathan upheld the Delhi High Court's...