The legality and validity of the termination of arbitral ...

Supreme Court Rules Absence in Arbitration Hearing Doesn't Mean Claim Abandonment; Emphasizes Tribunal's Active Role.

May 18, 2024

Case Laws Indian Laws SC

The legality and validity of the termination of arbitral proceedings u/s 32(2)(c) of the Arbitration and Conciliation Act, 1996 - The Supreme Court found no evidence of Sheil's abandonment of the claim. Regular participation in Marico's proceedings and absence of simultaneous scheduling were noted. - The Tribunal's duty to schedule hearings and manage proceedings was highlighted, and the mere absence of a party from a hearing does not imply abandonment or justify termination of proceedings. - The Supreme Court upheld the High Court's decision, reinstating the arbitration proceedings and emphasizing the need for an active role by the Arbitral Tribunal in managing the process.

View Source

← Previous Next →

The legality and validity of the termination of arbitral ...

Supreme Court Rules Absence in Arbitration Hearing Doesn't Mean Claim Abandonment; Emphasizes Tribunal's Active Role.

May 18, 2024

Case Laws Indian Laws SC

You may also like:

Validity of reopening of assessment - Re-opening notice u/s 148A(d) - personal hearing refused - the High court concluded that Section 148A(b) does not mandate a...

The Supreme Court held that at the stage of Section 11 application under the Arbitration and Conciliation Act, 1996, the referral courts need only examine whether the...

Appointment of Arbitrator in applications - notified claims or not - Section 11(6) of the Arbitration Act - It is observed that the learned Arbitrator shall first decide...

Violation of principles of natural justice due to absence of appellant's counsel during proceedings. High Court noted counsel's absence on certain dates, but matter...

Arbitration application allowed u/s 11(6) of Arbitration and Conciliation Act, 1996. Court's role limited to determining existence of arbitration agreement and not...

Violation of principles of natural justice - The court observed that while the show-cause notice provided details for a personal hearing, including the date, time, and...

Borrower initiated criminal proceedings against lender Indiabulls by filing complaint u/s 156(3) CrPC alleging money laundering, despite existence of arbitration clause...

The parties expressly chose to have the place of arbitration in New York. This being the case, juridical seat of arbitration was New York. In fact, the appellant...

The meaning of the expression ‘habitually resident’ is similar in meaning to ‘ordinary resident’

Approval of Resolution Plan - The Adjudicating Authority has not taken cognizance of the award and rejected the application filed by the Appellant. Since the Appellants...

The SC held that Indian courts have jurisdiction to appoint arbitrators under Section 11(6) of the Arbitration and Conciliation Act, 1996, despite conflicting clauses in...

Period of limitation for commencement of arbitration. - What is the breaking point? - For the purpose of section 37 (1) anction and cause of arbitration should be...

Non serving of notices of hearing to assessee - appeals of the Revenue could not be heard on merit in absence of proper service of notice upon assessee - AT

The Commercial Tax Tribunal cannot proceed to consider and decide an appeal ex parte in the absence of the revisionist/appellant, as it would violate principles of...

Dishonour of Cheque - Effect of arbitration proceedings - The High Court referred to a Supreme Court judgment which clarified that arbitration proceedings and...

Quick Updates: