Alerts & Updates

ELP – Arbitration weekly update – Canara Nidhi Limited v. M. Shashikala and Others

Litigation, Arbitration & Dispute Resolution | Oct 24, 2019

This week, we take a look at the Supreme Court’s judgment in M/s Canara Nidhi Limited v. M. Shashikala and Others.In this case, the Supreme Court was required to decide whether a party can be permitted to file evidence in support of the grounds under Section 34(2) of the Arbitration and Conciliation Act, 1996 (Act).The Supreme Court adverted to its earlier decisions in the Emkay Global and Fiza Developers cases, and also noted that the overall scheme of the Act was geared towards expeditious disposal of disputes and minimal interference by courts. On this basis, the Supreme Court reiterated its earlier stance in the Emkay Global decision, that parties should be allowed to adduce evidence for proving grounds under section 34(2)(a) only in exceptional circumstances.

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