Arbitration and Conciliation Act, 1996 with Section 7

Supreme Court clarifies the scope of Section 11(6) of the Arbitration Act in a Family Dispute: Ajay Madhusudan Patel & Ors. vs. Jyotrindra S. Patel & Ors. (20 September 2024)

Supreme Court clarifies the scope of Section 11(6) of the Arbitration Act in a Family Dispute: Ajay Madhusudan Patel & Ors. vs. Jyotrindra S. Patel & Ors. (20 September 2024) LEGAL ISSUE: Scope of jurisdiction of the referral court under Section 11(6) of the Arbitration and Conciliation Act, 1996, and whether a non-signatory can be […]

Supreme Court clarifies the scope of Section 11(6) of the Arbitration Act in a Family Dispute: Ajay Madhusudan Patel & Ors. vs. Jyotrindra S. Patel & Ors. (20 September 2024) Read Post »

Supreme Court settles the overriding effect of the MSMED Act, 2006 on the Arbitration Act, 1996 in disputes: Gujarat State Civil Supplies Corporation Ltd. vs. Mahakali Foods Pvt. Ltd. (31 October 2022)

Supreme Court Clarifies MSMED Act’s Overriding Effect on Arbitration Act in Disputes: Gujarat State Civil Supplies Corporation Ltd. vs. Mahakali Foods Pvt. Ltd. (2022) LEGAL ISSUE: Whether the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) override the provisions of the Arbitration and Conciliation Act, 1996 when there is an

Supreme Court settles the overriding effect of the MSMED Act, 2006 on the Arbitration Act, 1996 in disputes: Gujarat State Civil Supplies Corporation Ltd. vs. Mahakali Foods Pvt. Ltd. (31 October 2022) Read Post »

Supreme Court Clarifies Arbitration Agreement Requirements in Mahanadi Coalfields Case (25 July 2022)

Supreme Court Clarifies Arbitration Agreement Requirements in Mahanadi Coalfields Case (25 July 2022) LEGAL ISSUE: Whether a clause titled “Settlement of Disputes/Arbitration” that provides for dispute resolution at the company level and refers to courts of law for other disputes constitutes a valid arbitration agreement. CASE TYPE: Arbitration Law Case Name: Mahanadi Coalfields Ltd &

Supreme Court Clarifies Arbitration Agreement Requirements in Mahanadi Coalfields Case (25 July 2022) Read Post »

Group of Companies Doctrine: Supreme Court clarifies its application in Arbitration: Oil and Natural Gas Corporation Ltd. vs. Discovery Enterprises Pvt. Ltd. (27 April 2022)

Supreme Court clarifies Group of Companies Doctrine in Arbitration: ONGC vs. Discovery Enterprises (2022) LEGAL ISSUE: Applicability of the Group of Companies Doctrine in arbitration proceedings to bind non-signatory parties. CASE TYPE: Arbitration Law Case Name: Oil and Natural Gas Corporation Ltd. vs. M/s Discovery Enterprises Pvt. Ltd. & Anr. [Judgment Date]: 27 April 2022

Group of Companies Doctrine: Supreme Court clarifies its application in Arbitration: Oil and Natural Gas Corporation Ltd. vs. Discovery Enterprises Pvt. Ltd. (27 April 2022) Read Post »

Supreme Court Clarifies Arbitrability of Landlord-Tenant Disputes and Scope of Judicial Review: Vidya Drolia vs. Durga Trading Corporation (2020) INSC 804 (14 December 2020)

Can landlord-tenant disputes be resolved through arbitration, or are they exclusively reserved for civil courts? The Supreme Court of India recently addressed this critical question, clarifying the legal position on arbitrability of such disputes and also the scope of judicial review under Sections 8 and 11 of the Arbitration and Conciliation Act, 1996. This judgment

Supreme Court Clarifies Arbitrability of Landlord-Tenant Disputes and Scope of Judicial Review: Vidya Drolia vs. Durga Trading Corporation (2020) INSC 804 (14 December 2020) Read Post »

Supreme Court clarifies Group of Companies Doctrine in Arbitration: Reckitt Benckiser vs. Reynders Label Printing (2019)

Supreme Court clarifies Group of Companies Doctrine in Arbitration: Reckitt Benckiser vs. Reynders Label Printing (2019) LEGAL ISSUE: Whether a non-signatory to an arbitration agreement can be impleaded in arbitration proceedings under the “group of companies” doctrine. CASE TYPE: Arbitration Law Case Name: Reckitt Benckiser (India) Private Limited vs. Reynders Label Printing India Private Limited

Supreme Court clarifies Group of Companies Doctrine in Arbitration: Reckitt Benckiser vs. Reynders Label Printing (2019) Read Post »

Supreme Court Enforces Arbitration Clause in Bill of Lading: Caravel Shipping vs. Premier Sea Foods (2018)

Supreme Court Enforces Arbitration Clause in Bill of Lading: Caravel Shipping vs. Premier Sea Foods (2018) Date of the Judgment: October 29, 2018 Citation: (2018) INSC 968 Judges: R.F. Nariman, J. and Navin Sinha, J. Can a party be bound by an arbitration clause in a Bill of Lading, even if the clause is in

Supreme Court Enforces Arbitration Clause in Bill of Lading: Caravel Shipping vs. Premier Sea Foods (2018) Read Post »

Supreme Court clarifies payment appropriation in contract dispute: Kerala State Electricity Board vs. Kurien E. Kalathil (2018)

Supreme Court clarifies payment appropriation in contract dispute: Kerala State Electricity Board vs. Kurien E. Kalathil (2018) LEGAL ISSUE: Contractual payment appropriation and interest calculation CASE TYPE: Contract/Civil Case Name: Kerala State Electricity Board and Anr. vs. Kurien E. Kalathil and Anr. [Judgment Date]: 9 March 2018 Date of the Judgment: 9 March 2018 Citation:

Supreme Court clarifies payment appropriation in contract dispute: Kerala State Electricity Board vs. Kurien E. Kalathil (2018) Read Post »

Supreme Court settles the existence of an arbitration agreement despite the absence of signatures on formal contract: M/s. Unissi (India) Pvt. Ltd. vs. Post Graduate Institute of Medical Education & Research (2008)

Introduction Date of the Judgment: October 01, 2008 Judges: Tarun Chatterjee, J., Dalveer Bhandari, J. Does the absence of a formal signed agreement negate the existence of an arbitration agreement when parties have acted upon the terms of a tender containing an arbitration clause? The Supreme Court of India addressed this critical question in a

Supreme Court settles the existence of an arbitration agreement despite the absence of signatures on formal contract: M/s. Unissi (India) Pvt. Ltd. vs. Post Graduate Institute of Medical Education & Research (2008) Read Post »

Supreme Court settles the applicability of Section 45 of the Arbitration and Conciliation Act in International Commercial Arbitration: M/s Shakti Bhog Foods Limited vs. Kola Shipping Limited (2008)

Introduction Date of the Judgment: September 23, 2008 Judges: Tarun Chatterjee, J., Dalveer Bhandari, J. When disputes arise in international commercial agreements, how should courts approach arbitration clauses? This question was addressed by the Supreme Court of India in a case between M/s Shakti Bhog Foods Limited and Kola Shipping Limited. The core issue revolved

Supreme Court settles the applicability of Section 45 of the Arbitration and Conciliation Act in International Commercial Arbitration: M/s Shakti Bhog Foods Limited vs. Kola Shipping Limited (2008) Read Post »

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