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
Supreme Court Upholds Arbitration Award: Waiver of Objections on Venue Date of the Judgment: 29 April 2020 Citation: Civil Appeal No. 2378 of 2020 (arising out of SLP (C) No. 11011 of 2019) Judges: Uday Umesh Lalit, J. and Vineet Saran, J. Can a party object to the venue of arbitration after participating in the
Supreme Court clarifies seat of arbitration in international commercial disputes Date of the Judgment: 05 March 2020 Citation: (2020) INSC 196 Judges: R. Banumathi, J., A.S. Bopanna, J., Hrishikesh Roy, J. Can a clause specifying the “place of arbitration” in a contract also determine the “seat” of arbitration, especially in international commercial disputes? The Supreme
Supreme Court Upholds ICC Arbitration Award in Shareholder Dispute: Shakti Nath vs. Alpha Tiger Cyprus Investment (2020) LEGAL ISSUE: Challenge to an International Chamber of Commerce (ICC) arbitration award. CASE TYPE: Arbitration Case Name: Shakti Nath & Ors. vs. Alpha Tiger Cyprus Investment No.3 Ltd. & Ors. Judgment Date: 18 February 2020 Date of the
Supreme Court on Arbitration and Stamp Duty: Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram & Ors. vs. M/S Bhaskar Raju & Brothers & Ors. (2020) LEGAL ISSUE: Enforceability of an arbitration clause in a lease deed that is not sufficiently stamped under the Karnataka Stamp Act, 1957. CASE TYPE: Arbitration Law Case Name: M/S Dharmaratnakara
Supreme Court Upholds Enforceability of Foreign Arbitral Awards in Vijay Karia vs. Prysmian Cavi E Sistemi SRL (2020) INSC 123 LEGAL ISSUE: Enforceability of foreign arbitral awards in India. CASE TYPE: International Commercial Arbitration Case Name: Vijay Karia & Ors. vs. Prysmian Cavi E Sistemi SRL & Ors. Judgment Date: 13 February 2020 Date of
Supreme Court clarifies the need for reasoned awards in arbitration: Dyna Technologies vs. Crompton Greaves (2019) LEGAL ISSUE: The necessity of reasoned awards in arbitration proceedings. CASE TYPE: Arbitration Law Case Name: M/S. DYNA TECHNOLOGIES PVT. LTD. VERSUS M/S. CROMPTON GREAVES LTD. Judgment Date: 18 December 2019 Date of the Judgment: 18 December 2019 Citation:
Supreme Court Clarifies “Seat” of Arbitration Under the Arbitration Act, 1996 Date of the Judgment: 10 December 2019 Citation: (2019) INSC 1052 Judges: R.F. Nariman, J., Aniruddha Bose, J., V. Ramasubramanian, J. Can a contractual clause specifying a venue for arbitration proceedings also be considered the “seat” of arbitration, thereby determining which courts have jurisdiction
Supreme Court Clarifies Arbitration Scope under Electricity Act: Hindustan Zinc vs. Ajmer Vidyut Vitran Nigam (2019) Date of the Judgment: December 04, 2019 Citation: 2019 INSC 1148 Judges: Rohinton Fali Nariman, J., Aniruddha Bose, J., V. Ramasubramanian, J. Can a dispute between a power distribution company and a consumer be resolved through arbitration under the
Supreme Court Restores Arbitrator’s Award in Land Development Dispute: Jagjeet Singh Lyallpuri vs. Unitop Apartments (2019) LEGAL ISSUE: Whether an arbitral award can be set aside for procedural lapses when parties agreed to the procedure. CASE TYPE: Arbitration Case Name: Jagjeet Singh Lyallpuri (dead) Through Lrs. & Ors. vs. M/s Unitop Apartments & Builders Ltd.
Supreme Court Limits High Court Intervention in Arbitration Matters: Deep Industries vs. ONGC (2019) Date of the Judgment: 28 November 2019 Citation: [Not Available in Source] Judges: R.F. Nariman, J., Aniruddha Bose, J., V. Ramasubramanian, J. Can a High Court interfere with an order passed in an arbitration proceeding, especially when the Arbitration and Conciliation
