Supreme Court Upholds Arbitral Award Against Non-Signatory: Cheran Properties vs. Kasturi & Sons (2018) LEGAL ISSUE: Whether an arbitral award can be enforced against a non-signatory to an arbitration agreement, particularly a nominee of a party to the agreement. CASE TYPE: Arbitration and Company Law Case Name: Cheran Properties Limited vs. Kasturi and Sons Limited […]
Supreme Court clarifies incorporation of arbitration clauses by reference: Elite Engineering vs. Techtrans Construction (2018) LEGAL ISSUE: Whether an arbitration clause from a main contract can be incorporated into a sub-contract by reference. CASE TYPE: Arbitration Law Case Name: M/S. Elite Engineering and Construction (Hyd.) Private Limited vs. M/S. Techtrans Construction India Private Limited Judgment
Introduction Date of the Judgment: October 01, 2008 Judges: Tarun Chatterjee, J., Dalveer Bhandari, J. Does the absence of a formal signed agreement negate the existence of an arbitration agreement when parties have acted upon the terms of a tender containing an arbitration clause? The Supreme Court of India addressed this critical question in a
Introduction Date of the Judgment: September 23, 2008 Judges: Tarun Chatterjee, J., Dalveer Bhandari, J. When disputes arise in international commercial agreements, how should courts approach arbitration clauses? This question was addressed by the Supreme Court of India in a case between M/s Shakti Bhog Foods Limited and Kola Shipping Limited. The core issue revolved
Date of the Judgment: September 18, 2008 Citation: National Insurance Co. Ltd. vs. M/s. Boghara Polyfab Pvt. Ltd. [2008] INSC 1437 Judges: R.V. Raveendran, J., Lokeshwar Singh Panta, J. Can a dispute be referred to arbitration after an insured party has issued a full and final discharge voucher to the insurer? The Supreme Court, in
