Arbitration and Conciliation Act, 1996 with Section 12

Supreme Court Settles the Independence of Arbitrators in Public-Private Contracts (2024)

/ Appointment of Arbitrators, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 12, Arbitration and Conciliation Act, 1996 with Section 18, Constitutional Law, Constitutional Law with Article 14, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 23, Indian Contract Act, 1872 with Section 28

Supreme Court Clarifies Independence of Arbitrators in Public-Private Contracts (2024) LEGAL ISSUE: Whether an appointment process which allows a party who has an interest in the dispute to unilaterally appoint a sole arbitrator or curate a panel of arbitrators is valid in law. CASE TYPE: Arbitration Law Case Name: Central Organisation for Railway Electrification v. […]

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Arbitrator Fee Disputes: Supreme Court Upholds Tribunal’s Mandate in Chennai Metro Rail vs. Transtonnelstroy (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 12, Arbitration and Conciliation Act, 1996 with Section 13, Arbitration and Conciliation Act, 1996 with Section 14, Breach of contract, Contract Law

Supreme Court Clarifies Arbitrator Fee Disputes: Chennai Metro Rail vs. Transtonnelstroy (2023) LEGAL ISSUE: Whether a tribunal’s unilateral increase of fees, despite objections from one party, terminates its mandate. CASE TYPE: Arbitration Law Case Name: Chennai Metro Rail Limited vs. M/S Transtonnelstroy Afcons (JV) & Anr. [Judgment Date]: 19 October 2023 Date of the Judgment:

Arbitrator Fee Disputes: Supreme Court Upholds Tribunal’s Mandate in Chennai Metro Rail vs. Transtonnelstroy (2023) Read Post »

Supreme Court Declares Government Employee Arbitrators Ineligible Under Amended Arbitration Act: Ellora Paper Mills vs. State of Madhya Pradesh (2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 12, Arbitration and Conciliation Act, 1996 with Seventh Schedule, Arbitrator's Impartiality, B.V. Nagarathna, Judges, M.R. Shah

Supreme Court Declares Government Employee Arbitrators Ineligible Under Amended Arbitration Act: Ellora Paper Mills vs. State of Madhya Pradesh (2022) LEGAL ISSUE: Whether government employees can act as arbitrators in disputes involving the government, considering amendments to the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law Case Name: Ellora Paper Mills Limited vs. The

Supreme Court Declares Government Employee Arbitrators Ineligible Under Amended Arbitration Act: Ellora Paper Mills vs. State of Madhya Pradesh (2022) Read Post »

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)

/ Aniruddha Bose, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 12, Judges, M.R. Shah, Rajasthan Cooperative Societies Act, 2001, Rajasthan Cooperative Societies Act, 2001 with Section 58, Seventh Schedule of the Arbitration and Conciliation Act, 1996

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 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) Read Post »

Supreme Court Sets Aside Arbitral Award Due to Arbitrator’s Conflict of Interest: Vinod Bhaiyalal Jain & Ors. vs. Wadhwani Parmeshwari Cold Storage Pvt. Ltd. (24 July 2019)

/ A.S. Bopanna, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 12, Arbitration and Conciliation Act, 1996 with Section 13, Arbitration Law, Conflict of Interest, Impartiality of Arbitrator, Judges, R. Banumathi, Setting Aside Arbitral Award

Supreme Court Sets Aside Arbitral Award Due to Arbitrator’s Conflict of Interest: Vinod Bhaiyalal Jain & Ors. vs. Wadhwani Parmeshwari Cold Storage Pvt. Ltd. (2019) LEGAL ISSUE: Whether an arbitrator’s prior professional relationship with one of the parties constitutes a conflict of interest, warranting the setting aside of the arbitral award. CASE TYPE: Arbitration Law

Supreme Court Sets Aside Arbitral Award Due to Arbitrator’s Conflict of Interest: Vinod Bhaiyalal Jain & Ors. vs. Wadhwani Parmeshwari Cold Storage Pvt. Ltd. (24 July 2019) Read Post »

Arbitration Clause Invoked: Supreme Court Appoints Arbitrator in Dispute Between Nirmal Software and Dr. Babasaheb Ambedkar Marathwada University (2019)

/ Abhay Manohar Sapre, Appointment of Arbitrator, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 12, Contract Law, Contractual Agreements, Indu Malhotra, Judges, Memorandum of Understanding (MoU)

Supreme Court Appoints Arbitrator in Nirmal Software Services vs. Dr. Babasaheb Ambedkar Marathwada University LEGAL ISSUE: Whether a dispute arising from a Memorandum of Understanding (MoU) containing an arbitration clause should be referred to arbitration. CASE TYPE: Arbitration Law Case Name: Nirmal Software Services Pvt. Ltd. vs. Dr. Babasaheb Ambedkar Marathwada University & Ors. [Judgment

Arbitration Clause Invoked: Supreme Court Appoints Arbitrator in Dispute Between Nirmal Software and Dr. Babasaheb Ambedkar Marathwada University (2019) Read Post »

Supreme Court: Ineligible Arbitrator Cannot Nominate Successor in Arbitration Cases (03 July 2017)

/ A.M. Khanwilkar, Appointment of Arbitrator, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 12, Dipak Misra, Judges, Mohan M. Shantanagoudar

LEGAL ISSUE: Whether an individual disqualified from acting as an arbitrator can nominate another arbitrator. CASE TYPE: Arbitration Law Case Name: TRF Ltd. vs. Energo Engineering Projects Ltd. Judgment Date: 03 July 2017 Introduction Date of the Judgment: 03 July 2017 Citation: Civil Appeal No. 5306 of 2017 (@ S.L.P. (C) NO. 22912 OF 2016)

Supreme Court: Ineligible Arbitrator Cannot Nominate Successor in Arbitration Cases (03 July 2017) Read Post »

Supreme Court Clarifies Arbitrability of Liquidated Damages in Government Contracts: BSNL vs. Motorola (2008)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 12, Indian Contract Act, Indian Contract Act with Section 28, Indian Contract Act with Section 74, Judges, Lokeshwar Singh Panta, Tarun Chatterjee

Introduction Date of the Judgment: September 15, 2008 Citation: Civil Appeal No. 5645 of 2008 [Arising out of SLP(C) No. 3459 of 2007] Judges: Tarun Chatterjee, J., Lokeshwar Singh Panta, J. When can a dispute be resolved outside of court-ordered arbitration? The Supreme Court of India addressed this question in a case between Bharat Sanchar

Supreme Court Clarifies Arbitrability of Liquidated Damages in Government Contracts: BSNL vs. Motorola (2008) Read Post »

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