Arbitration and Conciliation Act, 1996 with Section 16

Supreme Court rules on arbitrability of wage disputes under Payment of Wages Act: Dushyant Janbandhu vs. M/S Hyundai Autoever India Pvt. Ltd (2024) INSC 966 (11 December 2024)

/ Arbitrability, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 16, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 2(A), Labour Law, Payment of Wages Act, 1936, Payment of Wages Act, 1936 with Section 15(2), Payment of Wages Act, 1936 with Section 22, Statutory Remedies, Termination of Employment, Wage Disputes

Supreme Court rules on arbitrability of wage disputes under Payment of Wages Act: Dushyant Janbandhu vs. M/S Hyundai Autoever India Pvt. Ltd (2024) INSC 966 (11 December 2024) Date of the Judgment: 11 December 2024 Citation: 2024 INSC 966 Judges: Pamidighantam Sri Narasimha, J., Sandeep Mehta, J. Can an employer bypass statutory authorities and force […]

Supreme Court rules on arbitrability of wage disputes under Payment of Wages Act: Dushyant Janbandhu vs. M/S Hyundai Autoever India Pvt. Ltd (2024) INSC 966 (11 December 2024) Read Post »

Supreme Court clarifies the interplay between Arbitration Agreements and the Indian Stamp Act: In Re: Interplay between Arbitration Agreements (2023) INSC 1066 (13 December 2023)

/ Arbitration Agreements, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 16, Arbitration Law, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 2(g), Indian Contract Act, 1872 with Section 2(j), Indian Stamp Act, 1899, Indian Stamp Act, 1899 with Section 33, Indian Stamp Act, 1899 with Section 35

Date of the Judgment: 13 December 2023 Citation: (2023) INSC 1066 Judges: Dr Dhananjaya Y Chandrachud, CJI, Sanjay Kishan Kaul J, B R Gavai J, Surya Kant J, J B Pardiwala J, Manoj Misra J. Can an arbitration agreement be considered invalid if the underlying contract is not properly stamped? The Supreme Court of India

Supreme Court clarifies the interplay between Arbitration Agreements and the Indian Stamp Act: In Re: Interplay between Arbitration Agreements (2023) INSC 1066 (13 December 2023) Read Post »

Supreme Court Clarifies Scope of Arbitration After Full and Final Settlement: SBI General Insurance Co. Ltd. vs. Krish Spinning (2024)

/ Accord and Satisfaction, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 16, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 63

Supreme Court Clarifies Scope of Arbitration After Full and Final Settlement: SBI General Insurance Co. Ltd. vs. Krish Spinning (2024) LEGAL ISSUE: Whether a discharge voucher for full and final settlement bars invocation of arbitration. CASE TYPE: Insurance Law, Arbitration Law Case Name: SBI General Insurance Co. Ltd. vs. Krish Spinning Judgment Date: 18th July

Supreme Court Clarifies Scope of Arbitration After Full and Final Settlement: SBI General Insurance Co. Ltd. vs. Krish Spinning (2024) Read Post »

Supreme Court Allows Arbitration Despite Unstamped Agreements: Weatherford vs. Baker Hughes (20 October 2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 16, Arbitration Law, Bela M. Trivedi, Enforceability of Arbitration Agreements, Judges, Maharashtra Stamp Act, 1958, Payment of Stamp Duty, Separability of Arbitration Agreement, Stamp Duty, Uday Umesh Lalit

Supreme Court Allows Arbitration Despite Unstamped Agreements: Weatherford vs. Baker Hughes (2022) LEGAL ISSUE: Whether an arbitration agreement within an unstamped contract is enforceable. CASE TYPE: Arbitration Law Case Name: Weatherford Oil Tool Middle East Limited vs. Baker Hughes Singapore PTE & Other connected matters. Judgment Date: 20 October 2022 Date of the Judgment: 20

Supreme Court Allows Arbitration Despite Unstamped Agreements: Weatherford vs. Baker Hughes (20 October 2022) Read Post »

Supreme Court Orders Arbitration in Family Dispute Over Company Shares: Sanjiv Prakash vs. Seema Kukreja (2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 16, B.R. Gavai, Hrishikesh Roy, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 62, Judges, Kompetenz-Kompetenz, Novation, Rohinton Fali Nariman

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 Orders Arbitration in Family Dispute Over Company Shares: Sanjiv Prakash vs. Seema Kukreja (2021) Read Post »

Supreme Court Clarifies Enforceability of Arbitration Agreements in Unstamped Contracts: NN Global Mercantile vs. Indo Unique Flame Ltd. (2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 16, Arbitration and Conciliation Act, 1996 with Section 37, Arbitration and Conciliation Act, 1996 with Section 8, Contract Act, 1872, Contract Act, 1872 with Section 17, Contract Act, 1872 with Section 7, Dhananjaya Y Chandrachud, Indira Banerjee, Indu Malhotra, Judges, Maharashtra Stamp Act, 1958, Maharashtra Stamp Act, 1958 with Section 33, Maharashtra Stamp Act, 1958 with Section 34

Supreme Court Clarifies Enforceability of Arbitration Agreements in Unstamped Contracts: NN Global Mercantile vs. Indo Unique Flame Ltd. (2021) Date of the Judgment: January 11, 2021 Citation: (2021) INSC 19 Judges: Dr. Dhananjaya Y Chandrachud, J., Indu Malhotra, J., and Indira Banerjee, J. (authored by Indu Malhotra, J.) Can an arbitration agreement within an unstamped

Supreme Court Clarifies Enforceability of Arbitration Agreements in Unstamped Contracts: NN Global Mercantile vs. Indo Unique Flame Ltd. (2021) Read Post »

Supreme Court Clarifies Intervention in Arbitration: Bhaven Construction vs. Sardar Sarovar Narmada Nigam Ltd. (2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 16, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 5, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Hrishikesh Roy, Judges, N.V. Ramana, Surya Kant

Supreme Court Clarifies Intervention in Arbitration: Bhaven Construction vs. Sardar Sarovar Narmada Nigam Ltd. (2021) LEGAL ISSUE: Whether a High Court can interfere with an ongoing arbitration process under Article 226/227 of the Constitution of India. CASE TYPE: Arbitration Law Case Name: Bhaven Construction Through Authorised Signatory Premjibhai K. Shah vs. Executive Engineer Sardar Sarovar

Supreme Court Clarifies Intervention in Arbitration: Bhaven Construction vs. Sardar Sarovar Narmada Nigam Ltd. (2021) Read Post »

Supreme Court Clarifies Scope of Section 11 of the Arbitration Act on Limitation: Uttarakhand Purv Sainik Kalyan Nigam Ltd. vs. Northern Coal Field Ltd. (27 November 2019)

/ Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 16, Arbitration and Conciliation Act, 1996 with Section 21, Contract Act, 1872, Contract Act, 1872 with Section 7, Indu Malhotra, Judges

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

Supreme Court Clarifies Scope of Section 11 of the Arbitration Act on Limitation: Uttarakhand Purv Sainik Kalyan Nigam Ltd. vs. Northern Coal Field Ltd. (27 November 2019) Read Post »

Supreme Court allows CENVAT Credit Counterclaim in Arbitration: Bharat Petroleum Corp. Ltd. vs. Go Airlines (2019)

/ A.S. Bopanna, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 16, Arbitrator Jurisdiction, Contract Law, Hrishikesh Roy, Implied Terms, Judges, R. Banumathi, Scope of Arbitration Agreement

Supreme Court Allows CENVAT Credit Counterclaim in Arbitration: Bharat Petroleum Corp. Ltd. vs. Go Airlines (2019) LEGAL ISSUE: Whether an arbitrator has the jurisdiction to consider a counterclaim relating to CENVAT (Central Value Added Tax) credit in an arbitration proceeding. CASE TYPE: Arbitration Case Name: Bharat Petroleum Corporation Limited vs. Go Airlines (India) Limited [Judgment

Supreme Court allows CENVAT Credit Counterclaim in Arbitration: Bharat Petroleum Corp. Ltd. vs. Go Airlines (2019) Read Post »

Supreme Court Clarifies Arbitration Scope After Compromise Decree: Zenith Drugs vs. Nicholas Piramal (2019)

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Supreme Court Clarifies Arbitration Scope After Compromise Decree: Zenith Drugs vs. Nicholas Piramal (2019) LEGAL ISSUE: Whether an arbitration clause in an initial contract can be invoked after a subsequent compromise decree has been reached between the parties. CASE TYPE: Arbitration Law Case Name: Zenith Drugs & Allied Agencies Pvt. Ltd. vs. M/s. Nicholas Piramal

Supreme Court Clarifies Arbitration Scope After Compromise Decree: Zenith Drugs vs. Nicholas Piramal (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 clarifies jurisdiction objections in arbitration: Lion Engineering Consultants vs. State of M.P. (2018)

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Supreme Court clarifies jurisdiction objections in arbitration: Lion Engineering Consultants vs. State of M.P. (2018) LEGAL ISSUE: Whether a plea of jurisdiction can be raised under Section 34 of the Arbitration and Conciliation Act, 1996, even if not raised under Section 16 of the same Act. CASE TYPE: Arbitration Law Case Name: M/S Lion Engineering

Supreme Court clarifies jurisdiction objections in arbitration: Lion Engineering Consultants vs. State of M.P. (2018) Read Post »

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