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 Jurisdiction in Arbitration Cases: Venue as Seat | 25 July 2019 Date of the Judgment: 25 July 2019 Citation: (2019) INSC 714 Judges: R. Banumathi, J. and A.S. Bopanna, J. Can a designated ‘venue’ of arbitration in an agreement be considered the ‘seat’ of arbitration, thereby conferring exclusive jurisdiction to the courts
Supreme Court Sets Aside Arbitral Award Due to Arbitrator’s Conflict of Interest: Vinod Bhaiyalal Jain & Ors. vs. Wadhwani Parmeshwari Cold Storage Pvt. Ltd. (2019) LEGAL ISSUE: Whether an arbitrator’s prior professional relationship with one of the parties constitutes a conflict of interest, warranting the setting aside of the arbitral award. CASE TYPE: Arbitration Law
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 Contractual Arbitration Fees: NHAI vs. Gayatri Jhansi Roadways (2019) LEGAL ISSUE: Whether the fee schedule for arbitrators can be determined by a prior agreement between the parties, or if it must follow the Fourth Schedule of the Arbitration and Conciliation Act, 1996, regardless of any agreement. CASE TYPE: Arbitration Law Case Name:
Supreme Court Appoints Arbitrator in Nirmal Software Services vs. Dr. Babasaheb Ambedkar Marathwada University LEGAL ISSUE: Whether a dispute arising from a Memorandum of Understanding (MoU) containing an arbitration clause should be referred to arbitration. CASE TYPE: Arbitration Law Case Name: Nirmal Software Services Pvt. Ltd. vs. Dr. Babasaheb Ambedkar Marathwada University & Ors. [Judgment
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 Partially Upholds Arbitration Award on Coal Price Escalation: Parsa Kente Collieries vs. Rajasthan Rajya Vidyut Utpadan Nigam (2019) LEGAL ISSUE: Whether the High Court was justified in interfering with the arbitral award passed by the learned Arbitrator, confirmed by the learned Commercial Court, in an appeal under Section 37 of the Arbitration and
Supreme Court Upholds Contract Terms in Ssangyong vs. NHAI Price Adjustment Dispute Date of the Judgment: 08 May 2019 Citation: Civil Appeal No. 4779 of 2019 Judges: R.F. Nariman, J., Vineet Saran, J. Can a government body unilaterally change a contract’s price adjustment formula? The Supreme Court addressed this question in a dispute between Ssangyong
Supreme Court Clarifies Waiver of Arbitrator Ineligibility under Section 12(5) of the Arbitration Act: Bharat Broadband Network Ltd. vs. United Telecoms Ltd. (2019) LEGAL ISSUE: Interpretation of Section 12(5) of the Arbitration and Conciliation Act, 1996, specifically regarding the waiver of arbitrator ineligibility. CASE TYPE: Arbitration Law Case Name: Bharat Broadband Network Limited vs. United
Supreme Court Clarifies the Effect of Unstamped Arbitration Agreements: Garware Wall Ropes Ltd. vs. Coastal Marine Constructions & Engineering Ltd. (2019) LEGAL ISSUE: The enforceability of an arbitration agreement contained in an unstamped contract. CASE TYPE: Arbitration Law Case Name: Garware Wall Ropes Ltd. vs. Coastal Marine Constructions & Engineering Ltd. [Judgment Date]: April 10,
Supreme Court Upholds Contractual Arbitration Clauses, Limits Interference: Union of India vs. Parmar Construction Company (2019) LEGAL ISSUE: Whether a High Court can appoint an independent arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, when the parties have already agreed to a specific procedure for arbitrator appointment in their contract, and whether
