Supreme Court clarifies conditions for stay on arbitral awards: International Seaport Dredging vs. Kamarajar Port (2024) LEGAL ISSUE: Conditions for stay on enforcement of arbitral awards for payment of money. CASE TYPE: Arbitration Law Case Name: International Seaport Dredging Pvt Ltd vs. Kamarajar Port Limited [Judgment Date]: 24 October 2024 Date of the Judgment: 24 […]
Supreme Court Upholds Interim Order for Deposit of Awarded Amount in Arbitration Case: Sepco vs. Power Mech LEGAL ISSUE: Whether a court can order a party to deposit the full arbitral award amount as a condition for staying the award’s enforcement. CASE TYPE: Arbitration Law Case Name: Sepco Electric Power Construction Corporation vs. Power Mech
Supreme Court Holds Contemnors Guilty for Disobeying Orders in Arbitration Case Date of the Judgment: 10 March 2022 Citation: (2022) INSC 200 Judges: M.R. Shah, J. and B.V. Nagarathna, J. Can a party repeatedly delay compliance with court orders and then claim they are not bound by them? The Supreme Court of India recently addressed
Supreme Court Strikes Down Section 87 of the Arbitration Act: Hindustan Construction Company vs. Union of India (2019) LEGAL ISSUE: Whether Section 87 of the Arbitration and Conciliation Act, 1996, and the repeal of Section 26 of the 2015 Amendment Act are constitutionally valid. CASE TYPE: Constitutional Law, Arbitration Law Case Name: Hindustan Construction Company
Supreme Court Clarifies Stay on Arbitration Awards Against Government: PAM Developments vs. State of West Bengal (2019) LEGAL ISSUE: Whether a government can obtain an unconditional stay on an arbitral award for payment of money, by using Order XXVII Rule 8A of the Code of Civil Procedure (CPC), or whether the court should impose conditions
Supreme Court Upholds Arbitral Award Against Non-Signatory: Cheran Properties vs. Kasturi & Sons (2018) LEGAL ISSUE: Whether an arbitral award can be enforced against a non-signatory to an arbitration agreement, particularly a nominee of a party to the agreement. CASE TYPE: Arbitration and Company Law Case Name: Cheran Properties Limited vs. Kasturi and Sons Limited
Supreme Court Clarifies Applicability of 2015 Amendment Act to Arbitration Proceedings: BCCI vs. Kochi Cricket (2018) INSC 227 LEGAL ISSUE: Applicability of the Arbitration and Conciliation (Amendment) Act, 2015 to pending arbitral and court proceedings. CASE TYPE: Arbitration Law Case Name: Board of Control for Cricket in India vs. Kochi Cricket Pvt. Ltd. and Others
LEGAL ISSUE: Enforceability of an arbitral award as a decree of a civil court. CASE TYPE: Arbitration Law. Case Name: Punjab State Civil Supplies Corporation Ltd. & Anr. vs. M/s Atwal Rice & General Mills Rep. by its Partners. [Judgment Date]: July 11, 2017 Introduction Date of the Judgment: July 11, 2017 Citation: (2017) INSC
Can a state government provide a separate mechanism for recovering dues under the Micro, Small and Medium Enterprises Development Act, 2006, that differs from the standard procedure under the Arbitration and Conciliation Act, 1996? The Supreme Court of India addressed this question in a case concerning the validity of a rule allowing recovery of dues
