ARBITRATION
STAGES & TIMELINES
(provisions of the Arbitration & Conciliation Act 1996)
AFTERMATH POST AWARD
(provisions of the Arbitration & Conciliation Act 1996)
KEY LEGAL DEVELOPMENTS
- Tendering Authority cannot reject bid on requirement not expressly & specifically stated in RFP – Supreme Court
- Arbitration Agreement valid and enforceable in cases where contract is not signed but acted upon – Supreme Court
- Clause barring interest on delayed payment wont bar interest during pendency of dispute – Supreme Court
- CA Certified Audited Statements are valid proof of actual expenditure – Delhi High Court
- Court can modify awards to the extent of typographical, clerical and computation errors and, the rate of post Award interest in case of party driven delay – Supreme Court
- In case of multi-party arbitrations, Arbitrator(s) can implead/add parties even if they were not issued Notice or made party to the Section 11 petition – Supreme Court
- Dispute over Full & Final Settlement is arbitrable even if parties fully discharge the contract – Supreme Court
- Arbitration Agreement can be enforced against legal representatives of a deceased party – Supreme Court
- Authorities cannot impose tender conditions which deny the bidder a level playing field – Supreme Court