Request for Invoking Arbitration and Its Legal Consequences Explained by Supreme Court

Request for Invoking Arbitration and Its Legal Consequences Explained by Supreme Court

The statutory consequences tied to commencement, including the mandate under S.9(2) of the Arbitration and Conciliation Act, 1996  must be assessed solely with reference to the date of receipt of request invoking arbitration under S.21 of the Arbitration and Conciliation Act, 1996. The rationale underlying Section 9(2) of the A&C Act, 1996 is that the arbitral proceedings shall be commenced within ninety days from the grant of interim protection.

Regenta Hotels Pvt Ltd v. Hotel Grand Centre Point [2026] GCtR 66 (SC)

When can Courts Interfere in Arbitral Awards ? Supreme Court Examines and Explains the Legal Position

When can Courts Interfere in Arbitral Awards ? Supreme Court Examines and Explains the Legal Position

"When a Court is applying the public policy test to an arbitral award, it does not act as a Court of appeal and, consequently, errors of fact cannot be corrected. A plausible view by the arbitrator on facts necessarily has to pass muster as the arbitrator is the ultimate master of the quantity and quality of evidence to be relied upon when he delivers his award."

Prakash Atlanta v. NHAI [2026] GCtR 63 (SC)

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Power of Court under S.11 of Arbitration and Conciliation Act, 1996 Outlined by Supreme Court

Power of Court under S.11 of Arbitration and Conciliation Act, 1996 Outlined by Supreme Court

The scope of inquiry under S. 11 of the Arbitration and Conciliation Act, 1996 is limited to ascertaining the prima facie existence of an arbitration agreement. The Judgment of HC refusing to appoint arbitrator was set aside and direction was issued to appoint the arbitrator.

Goqii Technologies Pvt Ltd v. Sokrati Technologies Pvt Ltd [2024] GCtR 3472 (SC)

Arbitration and Conciliation Act, 1996 : Important Section Interpreted by Supreme Court

Arbitration and Conciliation Act : Important Section Interpreted by Supreme Court

An interesting Judgment has been passed by Hon'ble Supreme Court on 28 May 2014. 

In the context of Arbitration and Conciliation Act, 1996 it has been commented at page 25, 26, 31, 32 of Swiss Timing Ltd v Organising Committee, Commonwealth Games Ltd [2014] GCtR 2788 (SC) thus : - 

"A conjoint reading of Section 5 and Section 16 would make it clear that all matters including the issue as to whether the main contract was void/voidable can be referred to arbitration. Otherwise, it would be a handy tool available to the unscrupulous parties to avoid arbitration, by raising the bogey of the underlying contract being void."

"The Court ought to decline reference to arbitration only where the Court can reach the conclusion that the contract is void on a meaningful reading of the contract document itself without the requirement of any further proof."

"Having provided for resolution of disputes through arbitration, parties can not be permitted to avoid arbitration, without satisfying the Court that it will be just and in the interest of all the parties not to proceed with the arbitration."

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

 https://main.sci.gov.in/judgments

Then entering the date of Judgment, for example, as  28 May 2014.

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction. 

On Arbitration : An Important View of Supreme Court

On Arbitration : An Important View of Supreme Court

An important Judgment in the context of Arbitration and Conciliation Act, 1996 and Limitation Act, 1963 was passed by Hon'ble Supreme Court on 19 January 2012.

It has been commented at page 6 and 7 of Assam Urban Water Supply and Sewerage Board vs. Subash Projects and Marketing Limited [2012] GCtR 309 (SC) thus : - 

"Section 4 of the 1963 Act reads as under :-

 

“4. Expiry of prescribed period when court is closed.-Where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day when the court reopens. Explanation.-A court shall be deemed to be closed on any day within the meaning of this section if during any part of its normal working hours it remains closed on that day.”

 

"The above Section enables a party to institute a suit, prefer an appeal or make an application on the day court reopens where the prescribed period for any suit, appeal or application expires on the day when the court is closed. The crucial words in Section 4 of the 1963 Act are 'prescribed period'. What is the meaning of these words?

"Section 2(j) of the 1963 Act defines 'period of limitation' which means the period of limitation prescribed for any suit, appeal or application by the Schedule, and 'prescribed period' means the period of limitation computed in accordance with the provisions of this Act. Section 2(j) of the 1963 Act when read in the context of Section 34(3) of the 1996 Act, it becomes amply clear that the prescribed period for making an application for setting aside arbitral award is three months. The period of 30 days mentioned in proviso that follows sub-section (3) of Section 34 of the 1996 Act is not the 'period of limitation' and, therefore, not 'prescribed period' for the purposes of making the application for setting aside the arbitral award."

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost from the official website at the link https://main.sci.gov.in/judgments - Then entering the date of Judgment, for example, as 19 January 2012.

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.