Seat / Venue of Arbitration not a determinative factor in attracting jurisdiction of a Writ Court: Delhi High Court

by The Legal Blog | Apr 9, 2023 | Arbitration, Civil Procedure Code, Legal Concepts, Litigation

The Delhi High Court in Durgapur Freight Terminal P. Ltd. v. Union of India has recently held that an arbitration clause providing for seat / venue would not be a determinate factor for conferring jurisdiction on a writ court, if the court otherwise does not have...

Jurisdiction Clause vis-a-vis Venue and Seat of Arbitration: Delhi High Court answers

by The Legal Blog | Jan 19, 2023 | Arbitration, Civil Procedure Code

Justice Yashwant VarmaThe Delhi High Court in Inland Waterways Authority of India v. Reach Dredging Ltd. and Gayatri Projects P. Ltd. has examined the interplay between the jurisdiction clause in the arbitration agreement vis a vis the venue / seat prescribed under...

Non Est Filing and Condonation of Delay in challenge to Arbitral Awards : Delhi High Court answers

by The Legal Blog | Jan 12, 2023 | Arbitration, Civil Procedure Code, Legal Concepts, Limitation Act

The Division Bench of the Delhi High Court in Oil and Natural Gas Corporation Ltd. v. Joint Venture of M/s Sai Rama Engineering Enterprises (SREE) & Megha Engineering & Infrastructure Ltd. (MEIL) has answered as to what would constitute a non est filing...

Mere Participation in Arbitral Proceedings before an Ineligible Arbitrator would not constitute a Waiver of right to object to the Ineligibility : Delhi High Court Rules

by The Legal Blog | Jan 10, 2023 | Arbitration, Legal Concepts

The Division Bench of the Delhi High Court in Govind Singh v. M/s Satya Group P. Ltd. [Neutral Citation 2023/DHC/000081] has delivered a recent judgment examining the law relating to the validity of an award passed by an ineligible arbitrator. The Bench further held...

Disputes falling within the ambit of SARFAESI Act are per se non arbitrable : Delhi High Court Rules

by The Legal Blog | Jan 4, 2023 | Arbitration, Legal Concepts, SARFAESI Act

Justice Yashwant Varma, Delhi High Court  Justice Yashwant Varma has recently in a batch of petitions under S. 9 of the Arbitration & Conciliation Act, 1996, titled Fermina Developers P. Ltd. v. Indiabulls Housing Finance Ltd. – Neutral Citation...

Judgment / Award Debtor not entitled to deduct TDS on Awarded Amount : Delhi High Court Rules

by The Legal Blog | Apr 5, 2021 | Arbitration, Civil Procedure Code, Legal Concepts

Justice Vibhu BakhruJudge, Delhi High CourtThe Delhi High Court recently in Voith Hydro Ltd. & Ors. v. NTPC Ltd. [OMP (ENF.) (COMM.) 64/2018] decided an interesting question as to whether a judgment / award debtor is entitled to deduct TDS on the amount awarded by...