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 […]
Supreme Court Clarifies Termination of Arbitrator Mandate Under Section 14 of the Arbitration Act: Swadesh Kumar Agarwal vs. Dinesh Kumar Agarwal (2022) Date of the Judgment: May 5, 2022 Citation: 2022 INSC 427 Judges: M. R. Shah, J. and B.V. Nagarathna, J. Can a High Court, in an application under Section 11(6) of the Arbitration
Supreme Court Allows Delayed Claim in Insolvency Case: GPR Power Solutions vs. Supriyo Chaudhuri (2021) LEGAL ISSUE: Whether the delay in filing a claim by a creditor in the Corporate Insolvency Resolution Process (CIRP) can be condoned, considering the Supreme Court’s orders on extending limitation periods during the COVID-19 pandemic. CASE TYPE: Insolvency Law Case
Supreme Court Upholds Arbitrator Appointment Under Section 11 of the Arbitration Act Despite Prior Agreement: Jaipur Zila Dugdh Utpadak Sangh Ltd. vs. M/s Ajay Sales & Suppliers (2021) LEGAL ISSUE: Whether an arbitrator appointed as per a prior agreement can be replaced by the High Court under Section 11 of the Arbitration and Conciliation Act,
Supreme Court Orders Arbitration in Family Dispute: Sanjiv Prakash vs. Seema Kukreja (2021) LEGAL ISSUE: Whether a prior Memorandum of Understanding (MoU) between family members regarding shareholding in a private company is superseded by a subsequent Shareholders’ Agreement (SHA) with a third-party investor, specifically concerning an arbitration clause. CASE TYPE: Arbitration Law Case Name: Sanjiv
Supreme Court Clarifies Limitation for Arbitration Applications: BSNL vs. Nortel (2021) LEGAL ISSUE: What is the limitation period for filing an application for appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, and can a court refuse to appoint an arbitrator if the claims are evidently time-barred? CASE TYPE: Arbitration
Supreme Court Clarifies the Scope of Prima Facie Review in Arbitration Agreement Disputes: Pravin Electricals vs. Galaxy Infra (2021) Date of the Judgment: March 8, 2021 Citation: 2021 INSC 125 Judges: R.F. Nariman, J., B.R. Gavai, J., Hrishikesh Roy, J. Can a court conclusively decide the existence of an arbitration agreement based on a preliminary
Supreme Court Appoints Sole Arbitrator in GR Green Life Energy vs. Leitwind Shriram Manufacturing Dispute (2021) LEGAL ISSUE: Appointment of a Sole Arbitrator by the Supreme Court, superseding the original arbitration clause. CASE TYPE: Arbitration Case Name: GR Green Life Energy Pvt. Ltd. vs. Leitwind Shriram Manufacturing Pvt. Ltd. Judgment Date: 22 February 2021 Introduction
Can landlord-tenant disputes be resolved through arbitration, or are they exclusively reserved for civil courts? The Supreme Court of India recently addressed this critical question, clarifying the legal position on arbitrability of such disputes and also the scope of judicial review under Sections 8 and 11 of the Arbitration and Conciliation Act, 1996. This judgment
Supreme Court Clarifies Arbitration Scope under Electricity Act: Hindustan Zinc vs. Ajmer Vidyut Vitran Nigam (2019) Date of the Judgment: December 04, 2019 Citation: 2019 INSC 1148 Judges: Rohinton Fali Nariman, J., Aniruddha Bose, J., V. Ramasubramanian, J. Can a dispute between a power distribution company and a consumer be resolved through arbitration under the
Supreme Court Clarifies Scope of Section 11 of the Arbitration Act on Limitation: Uttarakhand Purv Sainik Kalyan Nigam Ltd. vs. Northern Coal Field Ltd. (2019) LEGAL ISSUE: Whether the High Court was correct in rejecting an application under Section 11 of the Arbitration and Conciliation Act, 1996, on the grounds that it was barred by
Date of the Judgment: 26 November 2019 Citation: Not Available Judges: Uday Umesh Lalit, J., Indu Malhotra, J. Can a party to a contract appoint an arbitrator when that party has an interest in the outcome of the dispute? The Supreme Court of India addressed this critical question in a set of arbitration applications, clarifying
