The Supreme Court held that two companies incorporated in India could choose a seat for arbitration outside India and the resultant award would be enforceable under Part II of the Arbitration and Conciliation Act, 1996. The Supreme Court, however, held that such parties are also entitled to interim relief under section 9 of the Act which is similar to Article 9 of the UNICTRAL Model Law.
The court held that for an accused acquitted to join as a police constable, mere acquittal will not be sufficient. The court observed that being acquitted on the absence of any evidence is different from acquittal based on grounds of benefit of doubt. Thereby, in the case of an heinous offence, an acquittal based on... Read more » Read more »
The Hon’ble Supreme Court in Ajay Protech extended time allowing the Arbitral Tribunal to pass an Award, even after expiry of the statutory period stipulated U/S. 29A(1) of the Act and held that ‘Sufficient Cause’ U/S. 29A(5) should be interpreted to “facilitate effective dispute resolution.” The dispute arose after the tribunal’s mandate... Read more »
In Punjab State Civil Supplies Corporation Ltd. vs M/S Sanman Rice Mills & Ors. [2024 INSC 742], the Supreme Court of India upheld an arbitral award and emphasized limited judicial intervention under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996. The dispute concerned outstanding dues between the Punjab State Civil Supplies Corporation... Read more » Read more »
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