Arbitration and Conciliation Act, 1996 with Section 8

Supreme Court Upholds Rejection of Arbitration in Complex Multi-Party Dispute: Gujarat Composite Ltd. vs. A Infrastructure Ltd. (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 8, Dinesh Maheshwari, Judges, Sudhanshu Dhulia

Supreme Court Upholds Rejection of Arbitration in Complex Multi-Party Dispute: Gujarat Composite Ltd. vs. A Infrastructure Ltd. (2023) LEGAL ISSUE: Whether a dispute involving multiple parties and agreements, some of which lack arbitration clauses, can be referred to arbitration based on a clause in one of the agreements. CASE TYPE: Arbitration Law Case Name: Gujarat […]

Supreme Court Upholds Rejection of Arbitration in Complex Multi-Party Dispute: Gujarat Composite Ltd. vs. A Infrastructure Ltd. (2023) Read Post »

Supreme Court Upholds Non-Arbitrability of Disputes Involving Multiple Agreements: Gujarat Composite Ltd. vs. A Infrastructure Ltd. (2023)

/ Arbitrability of Disputes, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 8, Breach of contract, Contract Law, Dinesh Maheshwari, Interpretation of Contracts, Judges, Sudhanshu Dhulia

Supreme Court Upholds Non-Arbitrability of Disputes Involving Multiple Agreements: Gujarat Composite Ltd. vs. A Infrastructure Ltd. (2023) LEGAL ISSUE: Whether disputes arising from a primary agreement containing an arbitration clause can be referred to arbitration when subsequent agreements, lacking such a clause and involving additional parties, are inextricably linked to the dispute. CASE TYPE: Arbitration

Supreme Court Upholds Non-Arbitrability of Disputes Involving Multiple Agreements: Gujarat Composite Ltd. vs. A Infrastructure Ltd. (2023) Read Post »

Supreme Court Restricts Amendment of Pleadings to Challenge Mortgages: Asian Hotels (North) Ltd. vs. Alok Kumar Lodha & Ors. (2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 8, B.V. Nagarathna, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 1 Rule 10, Code of Civil Procedure, 1908 with Order 6 Rule 17, Companies Act, 1956, Companies Act, 1956 with Section 125, Companies Act, 1956 with Section 126, Judges, M.R. Shah

Supreme Court Restricts Amendment of Pleadings to Challenge Mortgages: Asian Hotels (North) Ltd. vs. Alok Kumar Lodha & Ors. (2022) LEGAL ISSUE: Whether a plaintiff can amend their suit to challenge mortgages on a property when their original suit concerns the revocation of a license agreement. CASE TYPE: Civil. Case Name: Asian Hotels (North) Ltd.

Supreme Court Restricts Amendment of Pleadings to Challenge Mortgages: Asian Hotels (North) Ltd. vs. Alok Kumar Lodha & Ors. (2022) Read Post »

Group of Companies Doctrine: Supreme Court refers to Larger Bench in Arbitration Case (6 May 2022)

/ A.S. Bopanna, Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 8, Judges, N.V. Ramana, Surya Kant

Group of Companies Doctrine: Supreme Court refers to Larger Bench (2022) LEGAL ISSUE: Applicability of the Group of Companies Doctrine in Arbitration Law CASE TYPE: Arbitration Case Name: Cox and Kings Limited vs. SAP India Private Limited & Another [Judgment Date]: 6 May 2022 Can a non-signatory to an arbitration agreement be bound by it

Group of Companies Doctrine: Supreme Court refers to Larger Bench in Arbitration Case (6 May 2022) Read Post »

Supreme Court clarifies the scope of “prima facie” review of arbitration agreements: Pravin Electricals vs. Galaxy Infra (2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 8, B.R. Gavai, Hrishikesh Roy, Judges, R.F. Nariman

Supreme Court Clarifies the Scope of Prima Facie Review in Arbitration Agreement Disputes: Pravin Electricals vs. Galaxy Infra (2021) Date of the Judgment: March 8, 2021 Citation: 2021 INSC 125 Judges: R.F. Nariman, J., B.R. Gavai, J., Hrishikesh Roy, J. Can a court conclusively decide the existence of an arbitration agreement based on a preliminary

Supreme Court clarifies the scope of “prima facie” review of arbitration agreements: Pravin Electricals vs. Galaxy Infra (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 Arbitrability of Landlord-Tenant Disputes and Scope of Judicial Review: Vidya Drolia vs. Durga Trading Corporation (2020) INSC 804 (14 December 2020)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 7, Arbitration and Conciliation Act, 1996 with Section 8, Judges, Krishna Murari, N.V. Ramana, Sanjiv Khanna, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 111, Transfer of Property Act, 1882 with Section 114A

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

/ A.S. Bopanna, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 16, Arbitration and Conciliation Act, 1996 with Section 8, Compromise Decree, Contract Law, Judges, R. Banumathi

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

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 7, Arbitration and Conciliation Act, 1996 with Section 8, Constitutional Law, Constitutional Law with Article 227, Judges, Navin Sinha, R.F. Nariman

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 Interconnected Agreements in Arbitration: Ameet Lalchand Shah vs. Rishabh Enterprises (2018)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 8, Breach of contract, Commercial Contracts, Contract Law, Interconnected Agreements, Judges, R. Banumathi, Ranjan Gogoi

Supreme Court Clarifies Interconnected Agreements in Arbitration: Ameet Lalchand Shah vs. Rishabh Enterprises (2018) LEGAL ISSUE: Whether multiple agreements related to a single commercial project can be referred to arbitration even if not all agreements contain an arbitration clause. CASE TYPE: Arbitration Law Case Name: Ameet Lalchand Shah and Others vs. Rishabh Enterprises and Another

Supreme Court Clarifies Interconnected Agreements in Arbitration: Ameet Lalchand Shah vs. Rishabh Enterprises (2018) Read Post »

Supreme Court Upholds Civil Court Jurisdiction in Eviction Disputes: Himangni Enterprises vs. Kamaljeet Singh Ahluwalia (2017)

/ Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 8, Civil Law, Delhi Rent Act, 1955, Delhi Rent Act, 1955 with Section 3, Eviction, Judges, Jurisdiction, R.K. Agrawal, Tenancy Disputes

Can a civil court hear an eviction suit when the lease agreement has an arbitration clause? The Supreme Court of India addressed this critical question in Himangni Enterprises vs. Kamaljeet Singh Ahluwalia. This case clarifies that eviction matters, especially those involving statutory protections for tenants, fall under the jurisdiction of civil courts, not arbitrators. The

Supreme Court Upholds Civil Court Jurisdiction in Eviction Disputes: Himangni Enterprises vs. Kamaljeet Singh Ahluwalia (2017) Read Post »

Misjoinder of Parties and Arbitration: Supreme Court Resolves Construction Dispute (2017)

/ Arbitration Agreements, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 8, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order I Rule 1, Code of Civil Procedure, 1908 with Order II Rule 3, Joinder of Parties, Judges, Madan B. Lokur, R.K. Agrawal

Can a suit be dismissed for misjoinder of parties when the causes of action are related? The Supreme Court of India addressed this question in a case involving a construction agreement and a subsequent oral agreement. The Court also clarified the applicability of an arbitration clause in such situations. This judgment clarifies the rules of

Misjoinder of Parties and Arbitration: Supreme Court Resolves Construction Dispute (2017) Read Post »

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