Arbitral Award

Supreme Court Clarifies Post-Award Interest Calculation in Arbitration: North Delhi Municipal Corporation vs. S.A. Builders Ltd. (2024)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 31(7), Arbitration and Conciliation Act, 1996 with Section 33, Breach of contract, Contract Law, Contract Law with Arbitration Clause

Supreme Court Clarifies Post-Award Interest Calculation in Arbitration: North Delhi Municipal Corporation vs. S.A. Builders Ltd. (2024) LEGAL ISSUE: Calculation of post-award interest on arbitral awards. CASE TYPE: Arbitration. Case Name: North Delhi Municipal Corporation vs. M/s. S.A. Builders Ltd. [Judgment Date]: 17 December 2024 Introduction Date of the Judgment: 17 December 2024 Citation: 2024 […]

Supreme Court Clarifies Post-Award Interest Calculation in Arbitration: North Delhi Municipal Corporation vs. S.A. Builders Ltd. (2024) Read Post »

Supreme Court extends time for arbitral award: M/S Ajay Protech Pvt. Ltd. vs. General Manager & Anr. (2024) INSC 889 (22 November 2024)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 29A, Extension of Time

Supreme Court extends time for arbitral award: M/S Ajay Protech Pvt. Ltd. vs. General Manager & Anr. (2024) INSC 889 (22 November 2024) Date of the Judgment: 22 November 2024 Citation: 2024 INSC 889 Judges: Justice Pamidighantam Sri Narasimha and Justice Sandeep Mehta The Supreme Court of India addressed the question of whether a court

Supreme Court extends time for arbitral award: M/S Ajay Protech Pvt. Ltd. vs. General Manager & Anr. (2024) INSC 889 (22 November 2024) Read Post »

Supreme Court clarifies interest liability under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993: Snehadeep Structures vs. MSSIDC (2024)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration Law, Commercial Contracts, Commercial Law, Interest on Delayed Payments Act

Supreme Court Clarifies Interest Liability under the Interest on Delayed Payments Act: Snehadeep Structures vs. MSSIDC (2024) LEGAL ISSUE: Interpretation of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, specifically regarding the date from which interest is payable and the applicability of the proviso to Section 3. CASE TYPE:

Supreme Court clarifies interest liability under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993: Snehadeep Structures vs. MSSIDC (2024) Read Post »

Supreme Court Upholds Rejection of Belated Claim in Insolvency: RPS Infrastructure Ltd. vs. Mukul Kumar (2023)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 31, Insolvency and Bankruptcy Code, 2016 with Section 60(5)

Supreme Court Upholds Rejection of Belated Claim in Insolvency: RPS Infrastructure Ltd. vs. Mukul Kumar (2023) Date of the Judgment: September 11, 2023 Citation: 2023 INSC 816 Judges: Sanjay Kishan Kaul, J. and Sudhanshu Dhulia, J. Can a creditor, who missed the initial deadline, have their claim considered after the resolution plan has been approved

Supreme Court Upholds Rejection of Belated Claim in Insolvency: RPS Infrastructure Ltd. vs. Mukul Kumar (2023) Read Post »

Supreme Court permits evidence in Section 34 Arbitration Act: Alpine Housing vs. Ashok Dhariwal (2023)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, C.T. Ravikumar, Indian Contract Act, Indian Contract Act with Section 56, Judges, M.R. Shah, Public Policy

Supreme Court permits evidence in Section 34 Arbitration Act: Alpine Housing vs. Ashok Dhariwal (2023) LEGAL ISSUE: Whether a party can adduce evidence to support a challenge to an arbitral award based on public policy grounds under Section 34 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Case Name: M/s Alpine Housing Development

Supreme Court permits evidence in Section 34 Arbitration Act: Alpine Housing vs. Ashok Dhariwal (2023) Read Post »

Supreme Court clarifies arbitrator’s discretion in awarding post-award interest: Morgan Securities vs. Videocon Industries (2022)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 31(7), AS Bopanna, Constitutional Law, Constitutional Law with Article 136, Dhananjaya Y Chandrachud, Interest in Arbitration, Judges

Supreme Court Clarifies Arbitrator’s Power on Post-Award Interest in Morgan Securities vs. Videocon Industries (2022) LEGAL ISSUE: Scope of arbitrator’s discretion to award post-award interest under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law Case Name: Morgan Securities And Credits Pvt. Ltd. vs. Videocon Industries Ltd. Judgment Date: 01 September

Supreme Court clarifies arbitrator’s discretion in awarding post-award interest: Morgan Securities vs. Videocon Industries (2022) Read Post »

Supreme Court clarifies the scope of Section 34(4) of the Arbitration and Conciliation Act, 1996: I-Pay Clearing Services vs. ICICI Bank (2022)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Hrishikesh Roy, Judges, R. Subhash Reddy, Recourse Against Arbitral Award

Supreme Court clarifies the scope of Section 34(4) of the Arbitration Act in I-Pay Clearing Services vs. ICICI Bank (2022) Date of the Judgment: January 3, 2022 Citation: 2022 INSC 1 Judges: R. Subhash Reddy, J., Hrishikesh Roy, J. Can a court send an arbitration award back to the arbitrator for clarification if the award

Supreme Court clarifies the scope of Section 34(4) of the Arbitration and Conciliation Act, 1996: I-Pay Clearing Services vs. ICICI Bank (2022) Read Post »

Supreme Court Upholds Strict Time Limits for Challenging Arbitration Awards: Mahindra and Mahindra Financial Services Ltd. vs. Maheshbhai Tinabhai Rathod & Ors. (16 December 2021)

/ A.S. Bopanna, Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34(3), Hima Kohli, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 5, N.V. Ramana

Supreme Court Upholds Strict Time Limits for Challenging Arbitration Awards: Mahindra and Mahindra Financial Services Ltd. vs. Maheshbhai Tinabhai Rathod & Ors. (2021) LEGAL ISSUE: Whether the delay in filing a petition to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 can be condoned beyond the statutorily prescribed

Supreme Court Upholds Strict Time Limits for Challenging Arbitration Awards: Mahindra and Mahindra Financial Services Ltd. vs. Maheshbhai Tinabhai Rathod & Ors. (16 December 2021) Read Post »

Supreme Court Clarifies Liquidated Damages and Time Essence in Contracts: Welspun vs. ONGC (2021)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Breach of contract, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 55, Indian Contract Act, 1872 with Section 74, Judges, N.V. Ramana, Surya Kant

Supreme Court Clarifies Liquidated Damages and Time Essence in Contracts: Welspun vs. ONGC (2021) LEGAL ISSUE: Whether time was of the essence in the contract and the validity of imposing liquidated damages. CASE TYPE: Contract Law, Arbitration Case Name: Welspun Specialty Solutions Limited vs. Oil and Natural Gas Corporation Ltd. Judgment Date: 13 November 2021

Supreme Court Clarifies Liquidated Damages and Time Essence in Contracts: Welspun vs. ONGC (2021) Read Post »

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

/ A.S. Bopanna, Arbitral Award, Arbitration Act, 1940, Arbitration Law, Contract Law, Contract Law with Clause 39, Contract Law with Clause 63, Contractual Interpretation, Judges, R. Banumathi, Reasoned Awards

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 Upholds Arbitration Award in Power Plant Refurbishment Dispute, Modifying Bank Guarantee Refund: M.P. Power Generation Co. Ltd. vs. Ansaldo Energia SPA (2018)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 18, Indian Contract Act, 1872 with Section 19, Judges, L. Nageswara Rao, Misrepresentation, S.A. Bobde

Supreme Court Upholds Arbitration Award in Power Plant Refurbishment Dispute, Modifying Bank Guarantee Refund: M.P. Power Generation Co. Ltd. vs. Ansaldo Energia SPA (2018) Date of the Judgment: April 16, 2018 Citation: 2018 INSC 316 Judges: S.A. Bobde, J., L. Nageswara Rao, J. Can a party avoid a contract if they were misled about the

Supreme Court Upholds Arbitration Award in Power Plant Refurbishment Dispute, Modifying Bank Guarantee Refund: M.P. Power Generation Co. Ltd. vs. Ansaldo Energia SPA (2018) Read Post »

Supreme Court Upholds Limitation on Challenging Arbitration Award: AnilKumar vs. Pravinchandra (2018)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 31(5), Arbitration and Conciliation Act, 1996 with Section 34, Condonation of Delay, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 5, R. Banumathi, R.K. Agrawal

Supreme Court Upholds Limitation on Challenging Arbitration Award: AnilKumar vs. Pravinchandra (2018) LEGAL ISSUE: Limitation period for challenging an arbitral award. CASE TYPE: Arbitration Law Case Name: Anilkumar Jinabhai Patel (D) Thr. LRs. vs. Pravinchandra Jinabhai Patel and Ors. Judgment Date: 27 March 2018 Introduction Date of the Judgment: 27 March 2018 Citation: 2018 INSC

Supreme Court Upholds Limitation on Challenging Arbitration Award: AnilKumar vs. Pravinchandra (2018) Read Post »

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