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Arbitration Act

Home - Arbitration Act

Bombay High Court: says “a surveyor’s report is not sacrosanct” — Court upholds arbitral award after holding that “the tribunal is entitled to apply a rough and ready formula when exact quantification is impossible” — Court dismisses challenge under Section 34 and affirms wide discretion of arbitral tribunals in technical insurance disputes
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Bombay High Court: says “a surveyor’s report is not sacrosanct” — Court upholds arbitral award after holding that “the tribunal is entitled to apply a rough and ready formula when exact quantification is impossible” — Court dismisses challenge under Section 34 and affirms wide discretion of arbitral tribunals in technical insurance disputes

Court's decision The Bombay High Court upheld the arbitral award and dismissed the Section 34 challenge filed by the Petitioner-insurer. The Court held that the arbitral tribunal had acted within…
Posted by Rawlaw December 10, 2025
Gujarat High Court: Failure to Grant Statutory Post-Award Interest Is an ‘Error Apparent on Record’; Court Must Correct Orders Ignoring Section 31(7)(b) of the Arbitration Act
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Gujarat High Court: Failure to Grant Statutory Post-Award Interest Is an ‘Error Apparent on Record’; Court Must Correct Orders Ignoring Section 31(7)(b) of the Arbitration Act

Court’s Decision The Gujarat High Court held that an executing court’s failure to grant post-award interest at 18% per annum as mandated by Section 31(7)(b) of the Arbitration and Conciliation…
Posted by Rawlaw October 10, 2025
arbitration and conciliation act
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Bombay High Court: “Reasons in Impugned Award are Cryptic, Skimpy and Summary” – Court Sets Aside MSMED Facilitation Council Award under Section 34 of Arbitration Act

Court’s Decision The Bombay High Court set aside the arbitral award passed by the Micro and Small Enterprises Facilitation Council under the MSMED Act, 2006, holding that the reasoning was…
Posted by Rawlaw October 2, 2025
High Court of Sikkim Reaffirms Separability Doctrine: "Even if the Primary Agreement is Rendered Void or Terminated, the Arbitration Clause Remains Valid" Under Arbitration Act, 1996
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High Court of Sikkim Reaffirms Separability Doctrine: “Even if the Primary Agreement is Rendered Void or Terminated, the Arbitration Clause Remains Valid” Under Arbitration Act, 1996

Court’s Decision: The High Court of Sikkim overturned the decision of the District Judge, who had invalidated the arbitral award based on the invalidation of the underlying contract. The court…
Posted by Rawlaw November 25, 2024

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