Scope of Arbitral award - “award” delivered by an Emergency ...

Case Laws Indian Laws

August 10, 2021

Scope of Arbitral award - “award” delivered by an Emergency Arbitrator - Singapore International Arbitration Centre (SIAC Rules) - Section 17, as construed in the light of the other provisions of the Act, clearly leads to the position that such emergency award is made under the provisions of Section 17(1) and can be enforced under the provisions of Section 17(2) - thus, full party autonomy is given by the Arbitration Act to have a dispute decided in accordance with institutional rules which can include Emergency Arbitrators delivering interim orders, described as “awards”. Such orders are an important step in aid of decongesting the civil courts and affording expeditious interim relief to the parties. Such orders are referable to and are made under Section 17(1) of the Arbitration Act. - SC

View Source

← Previous Next →

Scope of Arbitral award - “award” delivered by an Emergency ...

Case Laws Indian Laws

August 10, 2021

You may also like:

Grant of Arbitral Award - 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...

Validity of Arbitral Award - In the remand back case, the Arbitrator was warned not to be influenced by the factors that weighed in his mind while making the First Award....

Validity of Arbitral Award - it is alleged that award is in excess of claim - Arbitrator exceeded the scope of reference or not - Arbitrator has rewritten the contract...

Arbitrator's award set aside u/s 34 of Arbitration and Conciliation Act, 1996 due to lack of evidence regarding claimant's readiness to supply materials, arbitrator...

Execution of the award passed by the learned Arbitral Tribunal/Court - If the High Courts convert itself to the Executing Court and entertain the writ petitions under...

Validity of award of interest by the sole arbitrator - earnest money and security deposits or not - The learned Arbitrator in the instant case has erred in awarding...

If contract expressly bars award of interest pendente lite, the same cannot be awarded by the Arbitrator. - the bar to award interest on delayed payment by itself will...

The court held that it can only set aside an arbitral award on the ground of patent illegality appearing on its face that shocks the judicial conscience, going to the...

Execution of arbitral award - the arbitral proceedings were initiated prior to insolvency resolution date, suspended during the moratorium period, resumed upon expiry of...

Validity of Arbitral Award - Ordering the petitioner to repay advances for rejected testing kits with interest and legal costs - The court observed that the arbitrator...

The Appellate Court exceeded its jurisdiction u/s 37 of the Arbitration and Conciliation Act, 1996, by setting aside an arbitral award that had already been confirmed...

Challenge to an interim arbitral award u/s 31(6) of the Arbitration and Conciliation Act, 1996. The key issues are: (1) whether the rejection of an application u/s 16...

Validity of Arbitration Award - amicable settlement between the parties - A harmonious reading of Section 31, 34(1), 34(2A) and 34(4) of the Arbitration and Conciliation...

Arbitral award - The scope of interference with the Arbitral Award under Section 34 of the Act is limited. The impugned award can be interfered only on the grounds as...

Tribunal clarified that its order dated 26.05.2022 did not modify or vary the earlier orders dated 15.10.2018 and 11.01.2019, except for directing sealed cover...

Quick Updates: