Delhi. The
Division Bench in an appeal under Section 37 of the Arbitration Act, 1996
has stepped in to set aside the judgment ... upheld the
award. In an appeal filed under Section 37 of the Arbitration Act, vide the
impugned judgment dated 8th February, 2012, a Division Bench
exists a dispute resolution
mechanism through the Dispute Adjudication Board, after which
arbitration is also provided, and as the appellant had an efficacious
alternative remedy ... Delhi High Court vide an
application under Section 9 of the Arbitration and Conciliation Act,
1996 [“1996 Act”], for interim protection against deduction and
recoveries
dispute, if any, and record of the
pendency of the suit or arbitration proceedings filed …” must be
read as existence of a dispute “or” record ... pendency of
6
the suit or arbitration proceedings filed, i.e. disjunctively.
According to the learned counsel, the definition of “dispute”
under Section
whether the power of a court under Section 34 of the
Arbitration and Conciliation Act, 1996 [“ Arbitration Act ”] to “set
aside” an award ... National Highways Act, 1956
[“ National Highways Act ”], Section 34 of the Arbitration Act must
be so read as to permit modification of an arbitral award
appeals raise an interesting question as to whether, when
the seat of arbitration is Mumbai, an exclusive jurisdiction clause stating
that the courts at Mumbai ... relevant for our purpose, and are set out hereinbelow:
“Dispute Resolution Mechanism:
Arbitration: In case of any dispute or differences arising between parties
interesting question as to the
interpretation of Section 12(5) of the Arbitration and Conciliation Act,
1996 [“Act”].
3. The appellant, Bharat Broadband Network ... General
(Commercial) Conditions of Contract [“GCC”] provides for arbitration.
The said clause reads as under:
“III.20 ARBITRATION
III.20.1 In the event
signed by R
NATARAJAN
Date: 2019.12.10
peals under Section 37 of the Arbitration and Conciliation Act, 1996
17:44:59 IST
Reason:
(hereinafter referred ... Arbitration Act, 1996 ”), and, given the
1
arbitration clause in these proceedings, whether the “seat” of the arbi-
tration proceedings is New Delhi or Faridabad
important
question as to the construction of Section 26 of the
Arbitration and Conciliation (Amendment) Act, 2015
2
(hereinafter referred to as the “Amendment ... 33690 of 2017), Section
34 applications under the Arbitration and Conciliation Act,
3
1996 (hereinafter referred to as the “1996 Act”) were all
filed prior
defendant No.1 agreed to refer the
said differences to the arbitration of a retired Supreme Court Judge as
follows:-
“8). The Plaintiff ... Defendant No.1 agree to and hereby do refer to
Arbitration of Mrs. Justice Sujata Manohar (Retd.) the dispute as to (i)
the difference
contract agreement is
dated 14.06.2013, Annexure III of which contains the following
arbitration clause:
“Any and all claims, disputes, questions or controversies
Signature Not Verified ... such parties [sic through] negotiation shall
be resolved by final and binding arbitration held in Pune.
The disputes shall be referred to a sole arbitrator
