Arbitration Act, 1940

Supreme Court Upholds High Court Decision on Damages for Non-Performing Machinery: Sahakarmaharshi Bhausaheb Thorat vs. Thyssenkrupp (2025)

Introduction Date of the Judgment: February 14, 2025 Citation: 2025 INSC 219 Judges: Abhay S. Oka, J., Ujjal Bhuyan, J. When a plant doesn’t perform as promised, who bears the cost? The Supreme Court of India addressed this critical question in a dispute over non-performing machinery supplied for a continuous fermentation process. The court examined […]

Supreme Court Upholds High Court Decision on Damages for Non-Performing Machinery: Sahakarmaharshi Bhausaheb Thorat vs. Thyssenkrupp (2025) Read Post »

Supreme Court Clarifies Notice of Award Under Arbitration Act: Krishna Devi vs. Union of India (2025) INSC 24

Supreme Court Clarifies Notice of Award Under Arbitration Act: Krishna Devi vs. Union of India (2025) INSC 24 LEGAL ISSUE: Whether the time for filing an application under Section 17 of the Arbitration Act, 1940 commences when a party receives formal notice of the award, or from the date the party is aware of the

Supreme Court Clarifies Notice of Award Under Arbitration Act: Krishna Devi vs. Union of India (2025) INSC 24 Read Post »

Supreme Court Clarifies Arbitration Under Section 21 of the Arbitration Act, 1940: M.P. Rajya Tilhan Utpadak vs. Modi Transport (2022)

Supreme Court Clarifies Arbitration Under Section 21 of the Arbitration Act, 1940: M.P. Rajya Tilhan Utpadak vs. Modi Transport (2022) LEGAL ISSUE: Whether a matter in a pending suit can be referred to arbitration under Section 21 of the Arbitration Act, 1940 without a clear agreement between all parties. CASE TYPE: Civil Case Name: M.P.

Supreme Court Clarifies Arbitration Under Section 21 of the Arbitration Act, 1940: M.P. Rajya Tilhan Utpadak vs. Modi Transport (2022) Read Post »

Kerala Arbitration Act Overruled: Supreme Court Upholds Judicial Power (2022)

Kerala Arbitration Act Overruled: Supreme Court Upholds Judicial Power (2022) LEGAL ISSUE: Legislative competence of a State to enact laws impacting arbitration and encroachment on judicial power. CASE TYPE: Civil Appellate Jurisdiction Case Name: The Secretary to Govt. of Kerala, Irrigation Department and Others vs. James Varghese and Others Judgment Date: 04 May 2022 Introduction

Kerala Arbitration Act Overruled: Supreme Court Upholds Judicial Power (2022) Read Post »

Supreme Court Upholds Statutory Remedy in Arbitration Dispute: M/s. Kelkar & Kelkar vs. M/s. Hotel Pride Executive Pvt. Ltd. (2022)

Supreme Court Upholds Statutory Remedy in Arbitration Dispute: M/s. Kelkar & Kelkar vs. M/s. Hotel Pride Executive Pvt. Ltd. (2022) LEGAL ISSUE: Whether a High Court can entertain a writ petition under Articles 226 and 227 of the Constitution of India against an arbitral award when a statutory remedy of appeal is available under the

Supreme Court Upholds Statutory Remedy in Arbitration Dispute: M/s. Kelkar & Kelkar vs. M/s. Hotel Pride Executive Pvt. Ltd. (2022) Read Post »

Supreme Court Upholds Arbitrator’s Award on Contract Termination and Idle Hire Charges: Atlanta Ltd. vs. Union of India (2022)

Supreme Court Upholds Arbitrator’s Award on Contract Termination and Idle Hire Charges: Atlanta Ltd. vs. Union of India (2022) LEGAL ISSUE: Whether the High Court can interfere with an arbitral award under the Arbitration Act, 1940, by re-appreciating evidence and substituting its own view on contract interpretation. CASE TYPE: Arbitration Law, Contract Law Case Name:

Supreme Court Upholds Arbitrator’s Award on Contract Termination and Idle Hire Charges: Atlanta Ltd. vs. Union of India (2022) Read Post »

Supreme Court Upholds Arbitrator’s Award on Contract Termination and Idle Hire Charges: Atlanta Ltd. vs. Union of India (2022)

Supreme Court Upholds Arbitrator’s Award on Contract Termination and Idle Hire Charges: Atlanta Ltd. vs. Union of India (2022) LEGAL ISSUE: Whether the High Court can interfere with an arbitral award under the Arbitration Act, 1940, by re-appreciating evidence and substituting its own view, particularly on matters of contract interpretation, extension of time, and idle

Supreme Court Upholds Arbitrator’s Award on Contract Termination and Idle Hire Charges: Atlanta Ltd. vs. Union of India (2022) Read Post »

Supreme Court Upholds Arbitrator’s Award on Contract Termination and Idle Hire Charges: Atlanta Limited vs. Union of India (2022)

Supreme Court Upholds Arbitrator’s Award on Contract Termination and Idle Hire Charges: Atlanta Limited vs. Union of India (2022) LEGAL ISSUE: Whether the High Court can interfere with an arbitral award under the Arbitration Act, 1940, by re-appreciating evidence and substituting its own view, especially on issues of contract termination and compensation for idle machinery.

Supreme Court Upholds Arbitrator’s Award on Contract Termination and Idle Hire Charges: Atlanta Limited vs. Union of India (2022) Read Post »

Supreme Court Upholds Arbitrator’s Award on Rebate and Escalation in Construction Contract Dispute: NTPC Ltd. vs. Deconar Services Pvt. Ltd. (2021)

Supreme Court Upholds Arbitrator’s Award on Rebate and Escalation in Construction Contract Dispute: NTPC Ltd. vs. Deconar Services Pvt. Ltd. (2021) Date of the Judgment: March 04, 2021 Citation: (2021) INSC 127 Judges: N.V. Ramana, J., Surya Kant, J., and Aniruddha Bose, J. Can an arbitrator’s decision on contract interpretation be challenged in court if

Supreme Court Upholds Arbitrator’s Award on Rebate and Escalation in Construction Contract Dispute: NTPC Ltd. vs. Deconar Services Pvt. Ltd. (2021) Read Post »

Supreme Court Upholds Arbitration Award in Dispute Over Restaurant License Agreements: Arun Kumar Kamal Kumar vs. Selected Marble Home (2020)

Supreme Court Upholds Arbitration Award in Dispute Over Restaurant License Agreements: Arun Kumar Kamal Kumar vs. Selected Marble Home (2020) LEGAL ISSUE: Whether an arbitrator was justified in awarding damages for use and occupation of premises based on commission, when the agreement did not explicitly provide for such damages. CASE TYPE: Arbitration Case Name: M/S

Supreme Court Upholds Arbitration Award in Dispute Over Restaurant License Agreements: Arun Kumar Kamal Kumar vs. Selected Marble Home (2020) Read Post »

Supreme Court Modifies Arbitral Award on Construction Contract: Chandigarh Construction Co. Pvt. Ltd. vs. State of Punjab (2020)

Supreme Court Modifies Arbitral Award on Construction Contract: Chandigarh Construction Co. Pvt. Ltd. vs. State of Punjab (2020) LEGAL ISSUE: Whether an arbitrator’s award can be sustained if it does not provide reasons for its conclusions, especially when the contract requires it. CASE TYPE: Arbitration Law Case Name: Chandigarh Construction Co. Pvt. Ltd. vs. State

Supreme Court Modifies Arbitral Award on Construction Contract: Chandigarh Construction Co. Pvt. Ltd. vs. State of Punjab (2020) Read Post »

Supreme Court Modifies Arbitral Award in Family Property Dispute: Balwant Singh vs. Dungar Singh (2020)

Supreme Court Modifies Arbitral Award in Family Property Dispute: Balwant Singh vs. Dungar Singh (2020) Date of the Judgment: February 12, 2020 Judges: R. Banumathi, J., A.S. Bopanna, J. Can a court modify an arbitral award based on a subsequent settlement between the parties? The Supreme Court of India addressed this question in a case

Supreme Court Modifies Arbitral Award in Family Property Dispute: Balwant Singh vs. Dungar Singh (2020) Read Post »

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