Arbitration Act, 1940

Supreme Court clarifies maintainability of arbitration in unregistered partnerships: Bhagwan Das Goel vs. Pyare Kishan Agarwal (2019)

/ Abhay Manohar Sapre, Arbitration Act, 1940, Arbitration Act, 1940 with Section 20, Dinesh Maheshwari, Indian Partnership Act, 1932, Indian Partnership Act, 1932 with Section 69(3), Judges

Supreme Court clarifies maintainability of arbitration in unregistered partnerships: Bhagwan Das Goel vs. Pyare Kishan Agarwal (2019) LEGAL ISSUE: Whether an application for appointment of an arbitrator is maintainable in case of an unregistered partnership firm, given the bar under Section 69(3) of the Partnership Act, 1932. CASE TYPE: Arbitration Law Case Name: Bhagwan Das […]

Supreme Court clarifies maintainability of arbitration in unregistered partnerships: Bhagwan Das Goel vs. Pyare Kishan Agarwal (2019) Read Post »

Supreme Court clarifies the scope of Clause 59 in construction contracts: K. Marappan vs. The Superintending Engineer (27 March 2019)

/ Arbitration Act, 1940, Arbitration Act, 1940 with Section 15, Arbitration Act, 1940 with Section 30, Arbitration Act, 1940 with Section 33, Construction Contracts, Contract Act, 1872, Contract Act, 1872 with Section 70, Judges, K.M. Joseph, Ranjan Gogoi, Sanjay Kishan Kaul

Date of the Judgment: 27 March 2019 Citation: 2019 INSC 263 Judges: Ranjan Gogoi, CJI, Sanjay Kishan Kaul, J., K.M. Joseph, J. Can a contractor claim compensation for additional expenses incurred due to unforeseen circumstances during a project, even if the contract has a clause limiting such claims? The Supreme Court of India addressed this

Supreme Court clarifies the scope of Clause 59 in construction contracts: K. Marappan vs. The Superintending Engineer (27 March 2019) Read Post »

Supreme Court clarifies interest on arbitration awards under the 1940 Act: Reliance Cellulose vs. ONGC (20 July 2018)

/ Arbitration Act, 1940, Arbitration Act, 1940 with Interest, Arbitrator's Power to Award Interest, Breach of contract, Contract Law, Contractual Clauses, Indu Malhotra, Judges, R.F. Nariman

Supreme Court clarifies interest on arbitration awards under the 1940 Act: Reliance Cellulose vs. ONGC (2018) LEGAL ISSUE: Whether an arbitrator can award pre-reference and pendente lite interest under the Arbitration Act, 1940, when the contract contains a clause barring interest on delayed payments. CASE TYPE: Arbitration Case Name: Reliance Cellulose Products Ltd. vs. Oil

Supreme Court clarifies interest on arbitration awards under the 1940 Act: Reliance Cellulose vs. ONGC (20 July 2018) Read Post »

Supreme Court Clarifies Umpire’s Role in Arbitration: Oswal Woollen Mills vs. Oswal Agro Mills (2018)

/ Arbitration Act, 1940, Arbitration Act, 1940 with Schedule 1, Article 4, Arbitration Act, 1940 with Section 3, Arbitration Law, De Novo Hearing, Judges, R. Banumathi, R.K. Agrawal, Umpire's Role in Arbitration

Supreme Court Clarifies Umpire’s Role in Arbitration: Oswal Woollen Mills vs. Oswal Agro Mills (2018) LEGAL ISSUE: Scope of an Umpire’s role and the meaning of “de novo” hearing in arbitration proceedings when arbitrators disagree. CASE TYPE: Arbitration Law Case Name: M/s Oswal Woollen Mills Ltd. vs. M/s Oswal Agro Mills Ltd. [Judgment Date]: April

Supreme Court Clarifies Umpire’s Role in Arbitration: Oswal Woollen Mills vs. Oswal Agro Mills (2018) Read Post »

Supreme Court Upholds Arbitrator’s Award on Price Escalation and Interest: Assam State Electricity Board vs. Buildworth Pvt. Ltd. (2017)

/ Arbitration Act, 1940, Arbitration Law, D.Y. Chandrachud, Interest Act, 1978, Interest Act, 1978 with Section 3(1)(b), Jagdish Singh Khehar, Judges, Pre-reference Interest, Price Escalation, Sanjay Kishan Kaul

LEGAL ISSUE: Whether an arbitrator can award price escalation beyond the original contract period and grant interest for the pre-reference period under the Arbitration Act, 1940. CASE TYPE: Arbitration Case Name: Assam State Electricity Board and Ors. vs. Buildworth Pvt. Ltd. [Judgment Date]: July 4, 2017 Introduction Date of the Judgment: July 4, 2017 Citation:

Supreme Court Upholds Arbitrator’s Award on Price Escalation and Interest: Assam State Electricity Board vs. Buildworth Pvt. Ltd. (2017) Read Post »

Supreme Court Upholds Arbitral Award in Gas Supply Dispute: Kamrup Industrial Gases Ltd. vs. Union of India (2017)

/ Arbitration Act, 1940, Arbitration Law, Arbitration Law with Section 30, Breach of contract, Contract Law, D.Y. Chandrachud, Jagdish Singh Khehar, Judges, Judicial Review of Arbitral Awards, Sanjay Kishan Kaul, Supply Agreements

Can a court overturn an arbitral award because of non-production of documents, even if those documents were actually produced? The Supreme Court of India addressed this question in a dispute between Kamrup Industrial Gases Ltd. and the Union of India. This case revolves around a contract for the supply of industrial gases and the subsequent

Supreme Court Upholds Arbitral Award in Gas Supply Dispute: Kamrup Industrial Gases Ltd. vs. Union of India (2017) Read Post »

Supreme Court settles jurisdiction of arbitrator in construction contract disputes: Asian Techs Ltd. vs. Union of India (2009)

/ Arbitration Act, 1940, Arbitration Law, Arbitration Law with Clause 70, Arbitrator's Jurisdiction, Asok Kumar Ganguly, Breach of contract, Contract Law, Contract Law with Clause 11, Contractual Clauses, Judges, Markandey Katju

Date of the Judgment: 07th September 2009 Citation: Where available, provide the case citation in the Indian Supreme Court (INSC) format. Judges: Markandey Katju, J., Asok Kumar Ganguly, J. When disputes arise in construction contracts, can an arbitrator’s decision be challenged if it seems to contradict clauses in the original agreement? The Supreme Court of

Supreme Court settles jurisdiction of arbitrator in construction contract disputes: Asian Techs Ltd. vs. Union of India (2009) Read Post »

Scroll to Top