Arbitration and Conciliation Act, 1996 with Section 11(6)

Supreme Court clarifies jurisdiction in arbitration cases: Ravi Ranjan Developers vs. Aditya Kumar Chatterjee (2022)

/ A.S. Bopanna, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 2(1)(e), Arbitration and Conciliation Act, 1996 with Section 42, Indira Banerjee, Judges

Supreme Court clarifies jurisdiction in arbitration cases: Ravi Ranjan Developers vs. Aditya Kumar Chatterjee (2022) LEGAL ISSUE: Determining the appropriate court for initiating arbitration proceedings under Section 11(6) of the Arbitration and Conciliation Act, 1996, particularly when the arbitration agreement specifies a venue for sittings but not a seat. CASE TYPE: Arbitration Law Case Name: […]

Supreme Court clarifies jurisdiction in arbitration cases: Ravi Ranjan Developers vs. Aditya Kumar Chatterjee (2022) Read Post »

Supreme Court Upholds Dismissal of Arbitration Petition Due to Appellant’s Inaction: Durga Welding Works vs. Chief Engineer, Railway Electrification (2022)

/ Abhay S. Oka, Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Judges

Supreme Court Upholds Dismissal of Arbitration Petition Due to Appellant’s Inaction: Durga Welding Works vs. Chief Engineer, Railway Electrification (2022) Date of the Judgment: 04 January 2022 Citation: (2022) INSC 1 Judges: Justice Ajay Rastogi and Justice Abhay S. Oka. The judgment was authored by Justice Ajay Rastogi. Can a party, after filing an arbitration

Supreme Court Upholds Dismissal of Arbitration Petition Due to Appellant’s Inaction: Durga Welding Works vs. Chief Engineer, Railway Electrification (2022) Read Post »

Supreme Court clarifies arbitrability of disputes under Construction Management Agreements: DLF Home Developers vs. Rajapura Homes (22 September 2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Breach of contract, Construction Management Agreement, Contract Law, International Commercial Arbitration, Judges, Kompetenz Kompetenz, N.V. Ramana, Share Purchase Agreement, Surya Kant

Supreme Court Clarifies Arbitrability of Disputes Under Construction Management Agreements: DLF Home Developers vs. Rajapura Homes (2021) LEGAL ISSUE: Whether disputes arising from Construction Management Agreements can be referred to arbitration under the arbitration clause of the Construction Management Agreements, or whether they fall under the ambit of the Share Purchase Agreements. CASE TYPE: Arbitration

Supreme Court clarifies arbitrability of disputes under Construction Management Agreements: DLF Home Developers vs. Rajapura Homes (22 September 2021) Read Post »

Supreme Court Orders Arbitration Despite Previous Settlement Claim in Property Dispute

/ A.S. Bopanna, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(5), Arbitration and Conciliation Act, 1996 with Section 11(6), Code of Civil Procedure, Code of Civil Procedure with Order II Rule 2, Judges, Res Judicata, S. A. Bobde, V. Ramasubramanian

Supreme Court Orders Arbitration Despite Previous Settlement Claim in Property Dispute LEGAL ISSUE: Whether a dispute exists for arbitration when a previous court order noted a settlement between parties, but no formal settlement agreement was recorded. CASE TYPE: Arbitration Case Name: V. Sreenivasa Reddy vs. B.L. Rathnamma [Judgment Date]: April 08, 2021 Date of the

Supreme Court Orders Arbitration Despite Previous Settlement Claim in Property Dispute Read Post »

Supreme Court clarifies jurisdiction in power purchase disputes: MP Power Trading vs. Narmada Equipments (2021)

/ Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 21, Arbitration Law, Dhananjaya Y Chandrachud, Electricity Act, 2003 with Section 174, Electricity Act, 2003 with Section 86(1)(f), Electricity Law, Judges, M R Shah, Sanjiv Khanna

Supreme Court clarifies jurisdiction in power purchase disputes: MP Power Trading vs. Narmada Equipments (2021) LEGAL ISSUE: Jurisdiction of State Electricity Commissions in disputes between licensees and generating companies. CASE TYPE: Arbitration Law, Electricity Law Case Name: Chief General Manager (IPC) M P Power Trading Co Ltd & Anr vs. Narmada Equipments Pvt Ltd [Judgment

Supreme Court clarifies jurisdiction in power purchase disputes: MP Power Trading vs. Narmada Equipments (2021) Read Post »

Supreme Court clarifies seat of arbitration in international commercial disputes: Mankastu Impex Private Limited vs. Airvisual Limited (2020) INSC 196 (05 March 2020)

/ A.S. Bopanna, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 2(2), Constitutional Law, Constitutional Law with Article 141, Hrishikesh Roy, International Commercial Arbitration, Judges, R. Banumathi

Supreme Court clarifies seat of arbitration in international commercial disputes Date of the Judgment: 05 March 2020 Citation: (2020) INSC 196 Judges: R. Banumathi, J., A.S. Bopanna, J., Hrishikesh Roy, J. Can a clause specifying the “place of arbitration” in a contract also determine the “seat” of arbitration, especially in international commercial disputes? The Supreme

Supreme Court clarifies seat of arbitration in international commercial disputes: Mankastu Impex Private Limited vs. Airvisual Limited (2020) INSC 196 (05 March 2020) 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 significance of ‘Venue’ as ‘Seat’ in Arbitration Agreements: Brahmani River Pellets Ltd. vs. Kamachi Industries Ltd. (25 July 2019)

/ A.S. Bopanna, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 2(1)(e), Arbitration and Conciliation Act, 1996 with Section 20, Judges, R. Banumathi

Supreme Court Clarifies Jurisdiction in Arbitration Cases: Venue as Seat | 25 July 2019 Date of the Judgment: 25 July 2019 Citation: (2019) INSC 714 Judges: R. Banumathi, J. and A.S. Bopanna, J. Can a designated ‘venue’ of arbitration in an agreement be considered the ‘seat’ of arbitration, thereby conferring exclusive jurisdiction to the courts

Supreme Court clarifies the significance of ‘Venue’ as ‘Seat’ in Arbitration Agreements: Brahmani River Pellets Ltd. vs. Kamachi Industries Ltd. (25 July 2019) Read Post »

Supreme Court Upholds Contractual Arbitration Clauses, Limits Interference: Union of India vs. Parmar Construction Company (2019)

/ A.M. Khanwilkar, Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 21, Arbitration and Conciliation Act, 1996 with Section 26, Contract Law, Contract Law with 'No Claim' Certificates, Contract Law with Arbitration Clause, Judges

Supreme Court Upholds Contractual Arbitration Clauses, Limits Interference: Union of India vs. Parmar Construction Company (2019) LEGAL ISSUE: Whether a High Court can appoint an independent arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, when the parties have already agreed to a specific procedure for arbitrator appointment in their contract, and whether

Supreme Court Upholds Contractual Arbitration Clauses, Limits Interference: Union of India vs. Parmar Construction Company (2019) Read Post »

Supreme Court Upholds Discharge Voucher in Insurance Claim Dispute: United India Insurance Co. Ltd. vs. Antique Art Exports Pvt. Ltd. (28 March 2019)

/ A.M. Khanwilkar, Accord and Satisfaction, Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 11(6A), Coercion, Contract Law, Judges

Supreme Court Upholds Discharge Voucher in Insurance Claim Dispute: United India Insurance Co. Ltd. vs. Antique Art Exports Pvt. Ltd. (2019) LEGAL ISSUE: Whether a discharge voucher issued by an insured party, after accepting a settlement amount, bars them from later raising a dispute and invoking arbitration. CASE TYPE: Arbitration Law Case Name: United India

Supreme Court Upholds Discharge Voucher in Insurance Claim Dispute: United India Insurance Co. Ltd. vs. Antique Art Exports Pvt. Ltd. (28 March 2019) Read Post »

Supreme Court clarifies interest on delayed payments in arbitration: Chittaranjan Maity vs. Union of India (2017)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 31(7)(a), Breach of contract, Contract Law, General Conditions of Contract, J. Chelameswar, Judges, S. Abdul Nazeer

Date of the Judgment: October 3, 2017 Citation: (2017) INSC 849 Judges: J. Chelameswar, S. Abdul Nazeer Can an arbitrator award interest on delayed payments when the contract explicitly prohibits it? The Supreme Court of India addressed this crucial question in a case concerning a railway construction contract. The court clarified the extent of an

Supreme Court clarifies interest on delayed payments in arbitration: Chittaranjan Maity vs. Union of India (2017) Read Post »

Arbitration Clause Survives: Supreme Court Rules on Validity of Arbitration Agreements When Main Contract is Void in Real Estate Dispute (May 10, 2013)

/ Altamas Kabir, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 16, Contract Law, Independent Agreement, Judges, Kompetenz Kompetenz, Surinder Singh Nijjar, Void Contract

Date of the Judgment: May 10, 2013 Judges: Altamas Kabir, CJI and Surinder Singh Nijjar, J. Citation: (2013) INSC 341 Can an arbitration agreement remain valid even if the main contract containing it is declared void? The Supreme Court of India addressed this crucial question in a case involving a real estate development project. The

Arbitration Clause Survives: Supreme Court Rules on Validity of Arbitration Agreements When Main Contract is Void in Real Estate Dispute (May 10, 2013) Read Post »

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