Supreme Court Upholds Pre-Existing Dispute in Insolvency Case: Jai Balaji Industries vs. D.K. Mohanty (2021) LEGAL ISSUE: Whether a pre-existing dispute, for the purposes of Section 8 of the Insolvency and Bankruptcy Code, 2016, includes a situation where an appeal against an arbitral award is dismissed in default but subsequently restored. CASE TYPE: Insolvency Law […]
Supreme Court Clarifies MSMED Act Procedure: Vijeta Construction vs. Indus Smelters Ltd. (2021) LEGAL ISSUE: Procedure for dispute resolution under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) CASE TYPE: Arbitration Case Name: M/s Vijeta Construction vs. M/s Indus Smelters Ltd. & Anr. Judgment Date: 23 September 2021 Date of the Judgment:
Supreme Court Upholds Arbitration Award in Delhi Metro Dispute: DAMEPL Wins Against DMRC (2021) LEGAL ISSUE: Interference with Arbitral Awards under Section 37 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law Case Name: Delhi Airport Metro Express Pvt. Ltd. vs. Delhi Metro Rail Corporation Ltd. Judgment Date: September 09, 2021 Introduction Date
Supreme Court Upholds Contractual Terms: PSA Sical Terminals vs. V.O. Chidambaranar Port Trust (2021) LEGAL ISSUE: Interpretation of “Change in Law” clause in a contract and the extent of the Arbitral Tribunal’s power to modify contractual terms. CASE TYPE: Arbitration Law, Contract Law Case Name: PSA Sical Terminals Pvt. Ltd. vs. The Board of Trustees
Supreme Court Clarifies Scope of Section 34 of Arbitration Act in National Highway Land Acquisition Cases Date of the Judgment: 20 July 2021 Citation: [Not Available in Source] Judges: R.F. Nariman, J and B.R. Gavai, J. Can a court modify an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, or is
Supreme Court Upholds Interest on Delayed Payments in Construction Contract: M/s. Oriental Structural Engineers Pvt. Ltd. vs. State of Kerala (2021) LEGAL ISSUE: Whether a contractor is entitled to interest on delayed payments for work done under a construction contract, specifically concerning the local currency component, when the contract specifies interest but leaves the interest
Supreme Court Clarifies Limitation for Challenging Arbitral Awards: Dakshin Haryana Bijli Vitran Nigam Ltd. vs. Navigant Technologies Pvt. Ltd. (2021) LEGAL ISSUE: Determining the commencement date for the limitation period to challenge an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law Case Name: Dakshin Haryana Bijli Vitran
Supreme Court Clarifies Appealability of Delay Condonation Rejection in Arbitration Cases LEGAL ISSUE: Whether an order refusing to condone delay in filing an application to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 is appealable under Section 37 of the same Act. CASE TYPE: Arbitration Case Name: Chintels
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 Jurisdiction over Foreign Arbitral Awards: Noy Vallesina Engineering vs. Jindal Drugs Limited (2020) LEGAL ISSUE: Whether a foreign arbitral award can be challenged under Section 34 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law Case Name: Noy Vallesina Engineering SpA vs. Jindal Drugs Limited & Ors. Judgment Date: 26
Supreme Court Upholds High Court Decision on Arbitration Award: Patel Engineering Ltd. vs. NEEPCO (2020) LEGAL ISSUE: Whether the High Court erred in setting aside an arbitral award based on the interpretation of contract clauses and the application of the “patent illegality” principle under Section 34 of the Arbitration and Conciliation Act, 1996, as amended
Supreme Court Interprets “Change in Law” Clause in Oil Drilling Contract: SEAMEC Ltd. vs. Oil India Ltd. (2020) LEGAL ISSUE: Interpretation of a “change in law” clause in a contract. CASE TYPE: Arbitration Case Name: South East Asia Marine Engineering and Constructions Ltd. (SEAMEC Ltd.) vs. Oil India Limited [Judgment Date]: May 11, 2020 Date
