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.
The Supreme Court, in the case of Serosoft solutions vs Dexter capital advisors pvt. ltd. (CIVIL APPEAL NOS. 51-52 OF 2025) reaffirmed that judicial restraint in arbitration matters, as mandated under Part I of the Arbitration and Conciliation Act, overrides other laws. The case involved Dexter Capital seeking additional time to cross-examine Serosoft’s witness, despite the Arbitral Tribunal rejecting the request due to lack of preparedness. The High Court granted the extension, citing exceptional circumstances. Overruling this, the Supreme Court held that the Tribunal had already provided sufficient opportunity, with over 12 hours of cross-examination conducted. The Court emphasized that interference under Article 227 is permissible only for glaring perversity, which the High Court failed to demonstrate.
In an increasingly globalized world, international arbitration has become a preferred mechanism for resolving cross-border commercial disputes. It offers parties flexibility, neutrality, and enforceability that traditional litigation often cannot match. However, like any system. it is not immune to challenges such as delays, high costs, and procedural inefficiencies.
The Petitioner challenged an arbitral award dated 22.08.2017 under Section 34 of the Arbitration & Conciliation Act, 1996, citing delay in filing objections. The award required the Petitioner to pay Rs. 2.63 crore with interest, but the challenge was filed without supporting documents and refiled after the statutory deadlines. The Respondent argued that the petition was time-barred, as the award had been duly served. Despite the Petitioner's claims of non-receipt, the court found insufficient evidence to support this. Citing precedents, the court deemed the filing invalid and dismissed the petition, holding it time-barred under Section 34(3).
Central Organisation for Railway Electrification [Appellant] Vs. M/s ECI SPIC SMO MCML (JV) A Joint Venture Company [Respondents]
Civil Appeal Nos. 9486-9487 of 2019
(5JB, HON'BLE CJI, HRISHIKESH ROY, P.S. NARASIMHA, PANKAJ MITHAL, MANOJ MISRA JJ.)
Our Senior Partner Mr S Ravi Shankar argued the above said case before the five Judge Bench of Supreme Court of India for and on behalf of M/S. Conarch Associates. The Supreme Court examined the balance between party autonomy and the impartiality of arbitral tribunals under the Arbitration and Conciliation Act, 1996. Though parties can choose arbitrators, the Act requires fairness and neutrality in the arbitral process. Following the Law Commission’s recommendation, the 2015 amendment introduced Section 12(5), restricting arbitrators with certain relationships to the parties. Notable cases like Voestalpine, TRF Ltd., and Perkins Eastman illustrate challenges in ensuring independence when government or influential parties appoint arbitrators. A Constitution Bench addressed these issues, as the government considers broader reforms recommended by an Expert Committee on arbitration law.
Given the complexity and technical nature of construction disputes, arbitration has become a favored method for resolving such conflicts. Arbitration allows parties to choose arbitrators with specific expertise in construction law, engineering, or project management, ensuring a more informed decision-making process compared to a generalist judge in a court of law.
This article will explore the role of mediation in arbitration, how these processes interact, and the benefits of their integration, focusing on how the hybrid approach-commonly referred to as "Med-Arb"-can provide the best of both worlds.
Emergency Arbitration bridges this gap by offering swift and decisive relief, ensuring that parties can preserve the status quo or prevent irreparable harm during the early stages of a dispute. This article explores the concept of emergency arbitration, the circumstances under which it should've used, its procedural framework, and its advantages and challenges.
The legal landscape in India is vast, with millions of cases pending in various courts across the country. The backlog and delays in the judicial system have led to increasing frustration among litigants, making the search for alternatives imperative.
There is an increased trend of parties from India choosing popular seats like Singapore as Seat of Arbitration, despite the fact that both the parties are from India. There was a question, whether two Indian parties can choose a foreign seat to resolve their disputes and circumvent Indian law.
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