Emergency Arbitration is a process where a party to an arbitration agreement seeks urgent interim relief by approaching an emergency arbitrator before the constitution of the arbitral tribunal. The emergency arbitrator, usually appointed under the institutional rules chosen by the parties, provides interim measures to safeguard the rights of parties or prevent irreparable harm.
The Delhi High Court ruled that failing to file an arbitral award along with a petition under Section 34 of the Arbitration and Conciliation Act renders the petition “non-est.” In Sudesh Hans v. Gian Chand Hans & Anr., the petitioner challenged an arbitral award but refiled the petition late. Citing Pragati Construction Consultants v. Union of India (2025), the Court emphasized that non-filing of the award is not a procedural lapse but an essential requirement. As the petition was refiled beyond the limitation period, the Court dismissed it, stating the delay lacked sufficient justification.
The Supreme Court ruled that Sections 4 to 24 of the Limitation Act, 1963, are not entirely excluded when calculating the limitation period under Section 34(3) of the Arbitration and Conciliation Act, 1996. A two-judge bench held that Section 4 applies if the 3-month period ends on a court holiday but not for the 30-day condonable period. The Court emphasized that special statutes should not rigidly restrict delay condonation. It dismissed the appeal, holding that strict limitation rules could discourage arbitration. Justice Mithal stressed the need for uniform limitation periods across statutes, advocating flexibility in delay condonation.
he Chhattisgarh High Court ruled that an Arbitral Tribunal is the master of evidence, and its findings under Section 34 of the Arbitration and Conciliation Act, 1996, should not be scrutinized as if the Court were sitting in appeal. The case involved a dispute between SK Minerals and South Eastern Coalfields Ltd. (SECL) over unpaid dues for a construction project. SECL challenged the Arbitral Award, citing limitation and procedural issues. The Commercial Court set aside the Award, but the High Court overturned this decision, holding that the claim was not time-barred and upholding the Tribunal’s findings.
Arbitration is a formal method of ADR where disputing parties agree to submit their conflict to an independent third party, known as an arbitrator, whose decision, known as an arbitral award, is legally binding. Arbitration is widely used in commercial contracts, labor disputes, and international trade matters, where businesses prefer a private and efficient resolution mechanism instead of prolonged court litigation.
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The Delhi High Court ruled that an arbitrator must be appointed strictly per the contract's terms. Justice Jasmeet Singh emphasized that arbitration is governed by the contract, and any deviation from the agreed mechanism renders the arbitrator's appointment void. Consequently, an award passed by such an arbitrator is non-est in law and invalid. The Court reaffirmed that jurisdiction arises solely from the contract, and failure to adhere to its provisions nullifies the arbitration process. This ruling underscores the importance of following contractual procedures in arbitration appointments to ensure their legality and enforceability.
The doctrine of separability posits that an arbitration agreement is independent of the substantive contract in which it is contained. In other words, the arbitration clause suvives independently of the contract's fate.
Mediation is a structured yet flexible process in which a neutral third party, known as the mediator, facilitates communication between disputing parties to help them reach a mutually acceptable agreement. Unlike a judge or arbitrator, a mediator does not impose a decision. Instead, they guide the parties in exploring their needs, interests, and options for resolution.
LIFEFORCE CRYOBANK SCIENCES INC [Petitioner] Vs.
CRYOVIVA BIOTECH PVT. LTD. & ORS. [Respondent(s)]
Arbitration Petition No. 15/2018
(2JB, Dr. D.Y. Chandrachud and Manoj Misra JJ., delivered by MANOJ MISRA, J.) A U.S.-incorporated company filed a petition under Sections 11(6) and (12) of the Arbitration and Conciliation Act, 1996, seeking the appointment of a sole arbitrator for disputes arising from two agreements. The petitioner claims to have acquired Cryobank USA's assets, stepping into its contractual obligations. The respondents argued that the license agreement was non-assignable without consent, disputing privity of contract. The court, limited to examining the existence of an arbitration agreement, noted no dispute regarding arbitration clauses in the agreements. The matter was referred to the Delhi International Arbitration Centre for arbitrator appointment, leaving all contentions open for tribunal review.
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