The Supreme Court examined whether the Public Premises Act, 1971 ...

Supreme Court Rules Public Premises Act, 1971 Does Not Override Arbitration Act, 1996; Upholds Arbitrator Appointment.

October 23, 2024

Case Laws Indian Laws SC

The Supreme Court examined whether the Public Premises Act, 1971 overrides the Arbitration and Conciliation Act, 1996, and if there was any error in appointing an arbitrator u/s 11 of the latter Act. The Court held that the dispute related to promises arising from an agreement dated 26.09.2012, concerning the right of renewal and the legality of enhanced demand, which subsisted until 11.09.2015. The Public Premises Act did not apply to this period, and the dispute depended on interpreting the agreement terms. The High Court did not err in appointing an arbitrator u/s 11, as the revision of storage charges and right of renewal arose during the contract's subsistence and were covered by the arbitration clause. The Court dismissed the appeal and imposed costs of Rs. 50,000 for unnecessary litigation.

View Source

← Previous Next →

The Supreme Court examined whether the Public Premises Act, 1971 ...

Supreme Court Rules Public Premises Act, 1971 Does Not Override Arbitration Act, 1996; Upholds Arbitrator Appointment.

October 23, 2024

Case Laws Indian Laws SC

You may also like:

Grant of Interim award - stridhana property of Respondent No. 1 or not - Section 34 of the Arbitration and Conciliation Act, 1996 - The Arbitrator has committed a...

Appointment of an arbitrator - Declination to appoint an Arbitrator in exercise of its power under Section 11(6) of the Arbitration and Conciliation Act, 1996 - So far...

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...

Termination of mandate of sole arbitrator - absence of any written contract containing the arbitration agreement - In the present case, the parties themselves agreed on...

Benefit under Served From India Scheme (SFIS) denied - double jeopardy or double whammy - It only results in wastage of public money and public man-hours in case the...

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...

The principles of independence and impartiality of arbitral tribunals under the Arbitration and Conciliation Act 1996 were evaluated in relation to party autonomy....

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...

Seeking appointment of an arbitrator for the adjudication of disputes - The two conditions contained in Clause 55 of the GCC, one relating to 7% deposit of the total...

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....

Refusal to appoint an arbitrator and refer the dispute to the arbitrator - The dispute is with respect to the Share Subscription and Shareholders Agreement which is...

Appointment of arbitrator - The order passed by the High Court to the extent directing to constitute an Arbitral Tribunal in terms of clause 64(3)(b) of the GCC is...

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...

Appointment of an arbitrator - When the agreement specifically provides for appointment of Arbitral Tribunal consisting of three arbitrators from out of the panel...

Arbitration procedures - right to appointment of Arbitrator - the respondent had forfeited its right to appoint the arbitrator after the expiry of statutory period. - HC

Quick Updates: