Arbitration Agreement

Supreme Court settles the overriding effect of the MSMED Act, 2006 on the Arbitration Act, 1996 in disputes: Gujarat State Civil Supplies Corporation Ltd. vs. Mahakali Foods Pvt. Ltd. (31 October 2022)

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 7, Arbitration and Conciliation Act, 1996 with Section 80, Bela M. Trivedi, Dispute Resolution under MSMED Act, Judges, Micro, Small and Medium Enterprises Development Act, 2006, MSMED Act with Section 18, MSMED Act with Section 24, Uday Umesh Lalit

Supreme Court Clarifies MSMED Act’s Overriding Effect on Arbitration Act in Disputes: Gujarat State Civil Supplies Corporation Ltd. vs. Mahakali Foods Pvt. Ltd. (2022) LEGAL ISSUE: Whether the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) override the provisions of the Arbitration and Conciliation Act, 1996 when there is an […]

Supreme Court settles the overriding effect of the MSMED Act, 2006 on the Arbitration Act, 1996 in disputes: Gujarat State Civil Supplies Corporation Ltd. vs. Mahakali Foods Pvt. Ltd. (31 October 2022) Read Post »

Supreme Court Clarifies Arbitration Agreement Requirements in Mahanadi Coalfields Case (25 July 2022)

/ A S Bopanna, Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 2(b), Arbitration and Conciliation Act, 1996 with Section 7, Contract Law, Contract Law with Clause 15, Dhananjaya Y Chandrachud, Dispute Resolution, Judges

Supreme Court Clarifies Arbitration Agreement Requirements in Mahanadi Coalfields Case (25 July 2022) LEGAL ISSUE: Whether a clause titled “Settlement of Disputes/Arbitration” that provides for dispute resolution at the company level and refers to courts of law for other disputes constitutes a valid arbitration agreement. CASE TYPE: Arbitration Law Case Name: Mahanadi Coalfields Ltd &

Supreme Court Clarifies Arbitration Agreement Requirements in Mahanadi Coalfields Case (25 July 2022) Read Post »

Supreme Court clarifies the scope of ‘Notified Claims’ in Arbitration: Indian Oil Corporation Ltd. vs. NCC Ltd. (20 July 2022)

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, B.V. Nagarathna, Breach of contract, Contract Law, Interpretation of Contract, Judges, M.R. Shah

Supreme Court clarifies the scope of ‘Notified Claims’ in Arbitration: Indian Oil Corporation Ltd. vs. NCC Ltd. (2022) Date of the Judgment: 20 July 2022 Citation: (2022) INSC 614 Judges: M.R. Shah, J., B.V. Nagarathna, J. Can a dispute regarding whether a claim qualifies as a ‘Notified Claim’ under a contract be decided by an

Supreme Court clarifies the scope of ‘Notified Claims’ in Arbitration: Indian Oil Corporation Ltd. vs. NCC Ltd. (20 July 2022) Read Post »

Group of Companies Doctrine: Supreme Court refers to Larger Bench in Arbitration Case (6 May 2022)

/ A.S. Bopanna, Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 8, Judges, N.V. Ramana, Surya Kant

Group of Companies Doctrine: Supreme Court refers to Larger Bench (2022) LEGAL ISSUE: Applicability of the Group of Companies Doctrine in Arbitration Law CASE TYPE: Arbitration Case Name: Cox and Kings Limited vs. SAP India Private Limited & Another [Judgment Date]: 6 May 2022 Can a non-signatory to an arbitration agreement be bound by it

Group of Companies Doctrine: Supreme Court refers to Larger Bench in Arbitration Case (6 May 2022) Read Post »

Supreme Court Upholds Contractual Terms in Lease Dispute: Indian Oil Corporation Ltd. vs. Shree Ganesh Petroleum (1 February 2022)

/ Abhay S. Oka, Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration Law, Breach of contract, Contract Interpretation, Contract Law, Indira Banerjee, Judges, Jurisdiction of Arbitrator, Setting Aside Arbitral Award

Supreme Court Upholds Contractual Terms in Lease Dispute: Indian Oil Corporation Ltd. vs. Shree Ganesh Petroleum LEGAL ISSUE: Whether an arbitrator, appointed under a dealership agreement, can modify the terms of a separate lease agreement between the same parties. CASE TYPE: Contract Law, Arbitration Law Case Name: Indian Oil Corporation Ltd. vs. M/s Shree Ganesh

Supreme Court Upholds Contractual Terms in Lease Dispute: Indian Oil Corporation Ltd. vs. Shree Ganesh Petroleum (1 February 2022) Read Post »

Supreme Court Upholds Arbitrator’s Authority Post-Retirement in Construction Dispute (20 September 2021)

/ A.S. Bopanna, Appointment of Arbitrator, Arbitration Agreement, Arbitration Law, Indian Arbitration Act, 1940, Indian Arbitration Act, 1940 with Section 4, Judges, M.R. Shah, Termination of Arbitrator

Supreme Court Upholds Arbitrator’s Authority Post-Retirement in Construction Dispute LEGAL ISSUE: Whether an arbitrator’s mandate terminates upon retirement if the arbitration clause doesn’t explicitly state so. CASE TYPE: Arbitration Law Case Name: M/s Laxmi Continental Construction Co. vs. State of U.P. & Anr. [Judgment Date]: 20 September 2021 Introduction Date of the Judgment: 20 September

Supreme Court Upholds Arbitrator’s Authority Post-Retirement in Construction Dispute (20 September 2021) Read Post »

Supreme Court clarifies the effect of Amendment of Agreement on Arbitration Clause in construction contracts: WAPCOS Ltd. vs. Salma Dam Joint Venture (2019)

/ A.M. Khanwilkar, Accord and Satisfaction, Amendment of Agreement, Arbitration Agreement, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration Law, Contract Law, Dinesh Maheshwari, Judges

Supreme Court clarifies the effect of Amendment of Agreement on Arbitration Clause in construction contracts: WAPCOS Ltd. vs. Salma Dam Joint Venture (2019) LEGAL ISSUE: Whether an Amendment of Agreement (AoA) supersedes the original arbitration clause in a contract. CASE TYPE: Arbitration Law Case Name: WAPCOS Ltd. vs. Salma Dam Joint Venture & Anr. Judgment

Supreme Court clarifies the effect of Amendment of Agreement on Arbitration Clause in construction contracts: WAPCOS Ltd. vs. Salma Dam Joint Venture (2019) Read Post »

Supreme Court Clarifies the Effect of Unstamped Arbitration Agreements: Garware Wall Ropes Ltd. vs. Coastal Marine Constructions & Engineering Ltd. (2019)

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 16, Impounding of Instruments, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 2, Indian Stamp Act, 1899, Indian Stamp Act, 1899 with Section 33, Indian Stamp Act, 1899 with Section 34, Judges, R.F. Nariman, Vineet Saran

Supreme Court Clarifies the Effect of Unstamped Arbitration Agreements: Garware Wall Ropes Ltd. vs. Coastal Marine Constructions & Engineering Ltd. (2019) LEGAL ISSUE: The enforceability of an arbitration agreement contained in an unstamped contract. CASE TYPE: Arbitration Law Case Name: Garware Wall Ropes Ltd. vs. Coastal Marine Constructions & Engineering Ltd. [Judgment Date]: April 10,

Supreme Court Clarifies the Effect of Unstamped Arbitration Agreements: Garware Wall Ropes Ltd. vs. Coastal Marine Constructions & Engineering Ltd. (2019) Read Post »

Supreme Court settles the validity of arbitration clause incorporation by reference in Coal India dispute (15 February 2019)

/ Arbitration Agreement, Arbitration Law, Arbitration Law with Section 7(5), Contract Law, General Reference, Incorporation by reference, Indu Malhotra, Judges, Standard Form Contracts, Uday Umesh Lalit

Supreme Court Upholds Incorporation of Arbitration Clause by Reference in Coal India Dispute Date of the Judgment: 15 February 2019 Citation: Giriraj Garg v. Coal India Ltd. & Ors. (2019) INSC 123 Judges: Uday Umesh Lalit, J. and Indu Malhotra, J. Can an arbitration clause in a parent scheme be automatically applied to individual sale

Supreme Court settles the validity of arbitration clause incorporation by reference in Coal India dispute (15 February 2019) Read Post »

Supreme Court Clarifies Scope of Dispute Resolution Clauses in Contracts: South Delhi Municipal Corporation vs. SMS AAMW Tollways Private Ltd (22 November 2018)

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration Law, Contract Law, Dispute Resolution Clauses, Interpretation of Contracts, Judges, L. Nageswara Rao, S.A. Bobde

Supreme Court Clarifies Scope of Dispute Resolution Clauses in Contracts: South Delhi Municipal Corporation vs. SMS AAMW Tollways Private Ltd (2018) LEGAL ISSUE: Whether a clause providing for an appeal to a higher authority within an organization constitutes an arbitration agreement. CASE TYPE: Arbitration Law Case Name: South Delhi Municipal Corporation vs. SMS AAMW Tollways

Supreme Court Clarifies Scope of Dispute Resolution Clauses in Contracts: South Delhi Municipal Corporation vs. SMS AAMW Tollways Private Ltd (22 November 2018) Read Post »

Supreme Court Enforces Arbitration Clause in Bill of Lading: Caravel Shipping vs. Premier Sea Foods (2018)

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 7, Arbitration and Conciliation Act, 1996 with Section 8, Constitutional Law, Constitutional Law with Article 227, Judges, Navin Sinha, R.F. Nariman

Supreme Court Enforces Arbitration Clause in Bill of Lading: Caravel Shipping vs. Premier Sea Foods (2018) Date of the Judgment: October 29, 2018 Citation: (2018) INSC 968 Judges: R.F. Nariman, J. and Navin Sinha, J. Can a party be bound by an arbitration clause in a Bill of Lading, even if the clause is in

Supreme Court Enforces Arbitration Clause in Bill of Lading: Caravel Shipping vs. Premier Sea Foods (2018) Read Post »

Supreme Court Clarifies Arbitration Clause Requirements in Share Sale Agreement: Shyam Sunder Agarwal vs. P. Narotham Rao (2018)

/ Arbitration Agreement, Arbitration Law, Breach of contract, Contract Interpretation, Contract Law, Indu Malhotra, Judges, Memorandum of Understanding, R.F. Nariman

Supreme Court Clarifies Arbitration Clause Requirements in Share Sale Agreement: Shyam Sunder Agarwal vs. P. Narotham Rao (2018) LEGAL ISSUE: Whether a clause in a Memorandum of Understanding (MoU) constitutes a valid arbitration agreement. CASE TYPE: Arbitration Law Case Name: Shyam Sunder Agarwal vs. P. Narotham Rao and Ors. Judgment Date: July 23, 2018 Date

Supreme Court Clarifies Arbitration Clause Requirements in Share Sale Agreement: Shyam Sunder Agarwal vs. P. Narotham Rao (2018) Read Post »

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