Photo of King Dungerwal

Associate in the Dispute Resolution practice at the Mumbai office of Cyril Amarchand Mangaldas. King advises on civil and commercial disputes across forums in the Country. He can be reached at king.dungerwal@cyrilshroff.com

Domestic Arbitration receives booster shot from Supreme Court

  

Recently, the Supreme Court in Quippo Construction Equipment Limited V. Janardan Nirman Private Limited[1] held that if a party to an arbitration agreement chooses not to participate in arbitral proceedings, that party is deemed to have waived the right to raise objections regarding jurisdiction of the arbitral tribunal or the scope of its authority at a later stage. While dealing with objections to a domestic arbitral award, the Supreme Court also had occasion to comment on the perennial seat vs venue debate. In doing so, it inter alia observed that objections with respect to ‘place of arbitration’ may have significance in international commercial arbitrations (where the place of arbitration may determine which curial law would apply), but not so much in domestic arbitrations.
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How did a virus extend limitation?

 Introduction

The ongoing COVID-19 pandemic has forced unprecedented measures on the movement of people across the country, thereby also bringing the functioning of courts and tribunals to a grinding halt. Considering the present scenario, where courts have become physically inaccessible, the Supreme Court of India (“Supreme Court”) on March 23, 2020 took suo-moto cognizance of a petition for extension of limitation and passed an order (“Order”)[1] extending the limitation prescribed either under general law or special laws, whether condonable or not, for filing any petitions, applications, suits, appeals and all other proceedings in all courts and tribunals from March 15, 2020, until passing of further orders.

The Supreme Court reasoned that the Order was being passed to “obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country”.
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