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B. VIJAYSEN REDDY
Peaceful Water Limited of Monrovia Liberia – Appellant
Versus
Eastern Multitrans Logistics Pvt Ltd. – Respondent
ORDER :
This application is filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’), seeking the following reliefs:
(b) An order appointing a Court Receiver or Court Commissioner to take possession of the Respondent company’s assets that is equivalent to the awarded sum by the Sole Arbitrator and in the interim to direct the Respondent to not dissipate or deal with any of its assets.
(c) For awarding costs of the present proceedings and
(d) Pass such other Order or Orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
2.1 The petitioner (owner) and the respondent (charterer) entered into a charterparty agreement evidenced by signed fixture note dated 26.08.2021 (herein after referred to as “the Charterp
The main legal point established in the judgment is the applicability of Section 9 of the Arbitration and Conciliation Act, 1996 to international commercial arbitration, and the court's authority to ....
The enforcement of foreign arbitral awards under the Arbitration and Conciliation Act, 1996, is upheld unless specific procedural or public policy violations are proven, which was not established in ....
Point of law : Section 34 of English Arbitration Act deals with procedural and evidential matters.
The Emergency Arbitrator's decision is binding and enforceable under Section 9 of the Arbitration Act, emphasizing party autonomy and the need for compliance with interim orders.
Arbitration awards, lacking jurisdiction, do not equate to money decrees; interim relief granted during appeal pending jurisdictional determinations.
The court clarified that without an explicit agreement to exclude Section 9 of the Arbitration Act, its applicability cannot be assumed, allowing claims under Section 9 for interim relief despite ong....
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