Arbitration and Conciliation Act, 1996 with Section 34

Supreme Court Upholds Arbitrator’s Award: Haryana Tourism vs. Kandhari Beverages (2022)

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Supreme Court Upholds Arbitrator’s Award: Haryana Tourism vs. Kandhari Beverages (2022) LEGAL ISSUE: Scope of appellate jurisdiction under Section 37 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law. Case Name: Haryana Tourism Limited vs. M/s Kandhari Beverages Limited. Judgment Date: January 11, 2022 Date of the Judgment: January 11, 2022. Citation: (2022) […]

Supreme Court Upholds Arbitrator’s Award: Haryana Tourism vs. Kandhari Beverages (2022) Read Post »

Supreme Court Upholds Compound Interest in Arbitration, Rejects State’s Appeal: UHL Power Company Ltd. vs. State of Himachal Pradesh (2022)

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Supreme Court Upholds Compound Interest in Arbitration, Rejects State’s Appeal: UHL Power Company Ltd. vs. State of Himachal Pradesh (2022) LEGAL ISSUE: Whether an arbitral tribunal can award compound interest and whether a Memorandum of Understanding (MoU) merges into an Implementation Agreement. CASE TYPE: Arbitration Law Case Name: UHL Power Company Ltd. vs. State of

Supreme Court Upholds Compound Interest in Arbitration, Rejects State’s Appeal: UHL Power Company Ltd. vs. State of Himachal Pradesh (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 the scope of Section 34(4) of the Arbitration and Conciliation Act, 1996: I-Pay Clearing Services vs. ICICI Bank (2022)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Hrishikesh Roy, Judges, R. Subhash Reddy, Recourse Against Arbitral Award

Supreme Court clarifies the scope of Section 34(4) of the Arbitration Act in I-Pay Clearing Services vs. ICICI Bank (2022) Date of the Judgment: January 3, 2022 Citation: 2022 INSC 1 Judges: R. Subhash Reddy, J., Hrishikesh Roy, J. Can a court send an arbitration award back to the arbitrator for clarification if the award

Supreme Court clarifies the scope of Section 34(4) of the Arbitration and Conciliation Act, 1996: I-Pay Clearing Services vs. ICICI Bank (2022) Read Post »

Supreme Court clarifies scope of Section 34(4) of the Arbitration and Conciliation Act, 1996 in I-Pay Clearing Services vs. ICICI Bank (2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Hrishikesh Roy, Judges, Patent Illegality in Arbitral Award, R. Subhash Reddy, Remission of Arbitral Award

Supreme Court clarifies scope of Section 34(4) of the Arbitration Act in I-Pay Clearing Services vs. ICICI Bank (2022) LEGAL ISSUE: Scope of court’s power to remit an arbitral award to the tribunal under Section 34(4) of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law Case Name: I-Pay Clearing Services Private Limited vs.

Supreme Court clarifies scope of Section 34(4) of the Arbitration and Conciliation Act, 1996 in I-Pay Clearing Services vs. ICICI Bank (2022) Read Post »

Supreme Court Upholds High Court Decision on Arbitration Award Remission: I-Pay vs. ICICI Bank (2022)

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Supreme Court Upholds High Court Decision on Arbitration Award Remission: I-Pay vs. ICICI Bank (2022) LEGAL ISSUE: Whether a court can remit an arbitral award to the tribunal under Section 34(4) of the Arbitration and Conciliation Act, 1996, when there is a lack of a finding on a key issue, or only when there are

Supreme Court Upholds High Court Decision on Arbitration Award Remission: I-Pay vs. ICICI Bank (2022) Read Post »

Supreme Court allows delayed claim in Insolvency Case: GPR Power Solutions vs. Supriyo Chaudhuri (29 November 2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 34, Constitutional Law, Constitutional Law with Article 141, Constitutional Law with Article 142, Corporate Insolvency Resolution Process, Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 60(5), Insolvency and Bankruptcy Code, 2016 with Section 7, J.K. Maheshwari, Judges

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 allows delayed claim in Insolvency Case: GPR Power Solutions vs. Supriyo Chaudhuri (29 November 2021) Read Post »

Arbitration Process: Supreme Court Appoints New Arbitrator After Setting Aside Ex-Parte Award in M/s. Narinder Singh and Sons vs. Union of India (18 November 2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 18, Arbitration and Conciliation Act, 1996 with Section 19, Arbitration and Conciliation Act, 1996 with Section 34, Judges, M.R. Shah, Natural Justice, Sanjiv Khanna, Violation of Natural Justice

Supreme Court Appoints New Arbitrator in Contract Dispute: M/s. Narinder Singh and Sons vs. Union of India (2021) LEGAL ISSUE: Whether an arbitral award should be set aside for violating principles of natural justice and not providing sufficient opportunity to present a case. CASE TYPE: Arbitration. Case Name: M/s. Narinder Singh and Sons vs. Union

Arbitration Process: Supreme Court Appoints New Arbitrator After Setting Aside Ex-Parte Award in M/s. Narinder Singh and Sons vs. Union of India (18 November 2021) Read Post »

Supreme Court Clarifies Liquidated Damages and Time Essence in Contracts: Welspun vs. ONGC (2021)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Breach of contract, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 55, Indian Contract Act, 1872 with Section 74, Judges, N.V. Ramana, Surya Kant

Supreme Court Clarifies Liquidated Damages and Time Essence in Contracts: Welspun vs. ONGC (2021) LEGAL ISSUE: Whether time was of the essence in the contract and the validity of imposing liquidated damages. CASE TYPE: Contract Law, Arbitration Case Name: Welspun Specialty Solutions Limited vs. Oil and Natural Gas Corporation Ltd. Judgment Date: 13 November 2021

Supreme Court Clarifies Liquidated Damages and Time Essence in Contracts: Welspun vs. ONGC (2021) Read Post »

Supreme Court Upholds Setting Aside of Arbitral Award in Business Dispute: Ratnam Sudesh Iyer vs. Jackie Kakubhai Shroff (2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 2(1)(f), Arbitration and Conciliation Act, 1996 with Section 34, Breach of contract, Contract Law, Deed of Settlement, International Commercial Arbitration, Judges, M.M. Sundresh, Sanjay Kishan Kaul

Supreme Court Upholds Setting Aside of Arbitral Award in Business Dispute: Ratnam Sudesh Iyer vs. Jackie Kakubhai Shroff (2021) LEGAL ISSUE: Whether an arbitral award can be set aside for being in conflict with the fundamental policy of Indian law. CASE TYPE: Arbitration Case Name: Ratnam Sudesh Iyer vs. Jackie Kakubhai Shroff [Judgment Date]: November

Supreme Court Upholds Setting Aside of Arbitral Award in Business Dispute: Ratnam Sudesh Iyer vs. Jackie Kakubhai Shroff (2021) Read Post »

Supreme Court Upholds Levy of Supervision Charges in Sal Seed Supply Contract: State of Chhattisgarh vs. M/S Sal Udyog Private Limited (2021) INSC 745 (08 November 2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 28(3), Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Contract Law, Contractual Obligations, Hima Kohli, Judges, N.V. Ramana, Surya Kant, Terms of Contract

Supreme Court Upholds Levy of Supervision Charges in Sal Seed Supply Contract: State of Chhattisgarh vs. M/S Sal Udyog Private Limited (2021) INSC 745 (08 November 2021) Date of the Judgment: 08 November 2021 Citation: (2021) INSC 745 Judges: N.V. Ramana, CJI, Surya Kant, J., Hima Kohli, J. Can a State Government levy supervision charges

Supreme Court Upholds Levy of Supervision Charges in Sal Seed Supply Contract: State of Chhattisgarh vs. M/S Sal Udyog Private Limited (2021) INSC 745 (08 November 2021) Read Post »

Supreme Court Mandates 75% Pre-Deposit for MSME Act Appeals: Gujarat State Disaster Management Authority vs. M/s Aska Equipments Limited (2021) INSC 6252

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Supreme Court Mandates 75% Pre-Deposit for MSME Act Appeals: Gujarat State Disaster Management Authority vs. M/s Aska Equipments Limited (2021) INSC 6252 Date of the Judgment: October 08, 2021 Citation: (2021) INSC 6252 Judges: Justice M.R. Shah and Justice A.S. Bopanna Can an appellate court waive or reduce the mandatory 75% pre-deposit required under Section

Supreme Court Mandates 75% Pre-Deposit for MSME Act Appeals: Gujarat State Disaster Management Authority vs. M/s Aska Equipments Limited (2021) INSC 6252 Read Post »

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