Arbitration and Conciliation Act, 1996

Supreme Court Upholds Discharge Voucher in Insurance Claim Dispute: United India Insurance Co. Ltd. vs. Antique Art Exports Pvt. Ltd. (28 March 2019)

/ A.M. Khanwilkar, Accord and Satisfaction, Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 11(6A), Coercion, Contract Law, Judges

Supreme Court Upholds Discharge Voucher in Insurance Claim Dispute: United India Insurance Co. Ltd. vs. Antique Art Exports Pvt. Ltd. (2019) LEGAL ISSUE: Whether a discharge voucher issued by an insured party, after accepting a settlement amount, bars them from later raising a dispute and invoking arbitration. CASE TYPE: Arbitration Law Case Name: United India […]

Supreme Court Upholds Discharge Voucher in Insurance Claim Dispute: United India Insurance Co. Ltd. vs. Antique Art Exports Pvt. Ltd. (28 March 2019) Read Post »

Supreme Court Upholds Enforceability of Foreign Arbitral Awards: LMJ International Ltd. vs. Sleepwell Industries Co. Ltd. (20 February 2019)

/ A.M. Khanwilkar, Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 28, Arbitration and Conciliation Act, 1996 with Section 48, Enforcement of Foreign Awards, Judges

Supreme Court Upholds Enforceability of Foreign Arbitral Awards in LMJ International Ltd. vs. Sleepwell Industries Co. Ltd. (2019) LEGAL ISSUE: Enforceability of foreign arbitral awards and the scope of objections under Section 48 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law Case Name: LMJ International Ltd. vs. Sleepwell Industries Co. Ltd. [Judgment

Supreme Court Upholds Enforceability of Foreign Arbitral Awards: LMJ International Ltd. vs. Sleepwell Industries Co. Ltd. (20 February 2019) Read Post »

Supreme Court Upholds Enforcement of Foreign Arbitral Awards in Contract Disputes: LMJ International Ltd. vs. Sleepwell Industries Co. Ltd. (20 February 2019)

/ A.M. Khanwilkar, Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 48, Breach of contract, Contract Law, Enforcement of Foreign Awards, GAFTA 125, GAFTA 48, Judges, Res Judicata

Supreme Court Upholds Enforcement of Foreign Arbitral Awards in LMJ International Ltd. vs. Sleepwell Industries Co. Ltd. (2019) LEGAL ISSUE: Enforceability of foreign arbitral awards. CASE TYPE: Arbitration Case Name: LMJ International Ltd. vs. Sleepwell Industries Co. Ltd. Judgment Date: 20 February 2019 Introduction Date of the Judgment: 20 February 2019 Citation: (2019) INSC 147

Supreme Court Upholds Enforcement of Foreign Arbitral Awards in Contract Disputes: LMJ International Ltd. vs. Sleepwell Industries Co. Ltd. (20 February 2019) Read Post »

Supreme Court clarifies interest calculation in arbitration award: Municipal Council Thanesar vs. Virender Kumar (2019)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 31(7), Dhananjaya Y. Chandrachud, Judges, Post-Award Interest, Uday Umesh Lalit

Supreme Court clarifies interest calculation in arbitration award: Municipal Council Thanesar vs. Virender Kumar (2019) LEGAL ISSUE: Interpretation of interest calculation in arbitration awards. CASE TYPE: Arbitration Law Case Name: Municipal Council Thanesar vs. Virender Kumar ETC. Judgment Date: 19 February 2019 Date of the Judgment: 19 February 2019 Citation: (2019) INSC 123 Judges: Uday

Supreme Court clarifies interest calculation in arbitration award: Municipal Council Thanesar vs. Virender Kumar (2019) Read Post »

Supreme Court Upholds Arbitral Award: MMTC Ltd. vs. Vedanta Ltd. (2019)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Arbitration Law, Contract Law, Interpretation of Contracts, Judges, Mohan M. Shantanagoudar, Vineet Saran

Supreme Court Upholds Arbitral Award: MMTC Ltd. vs. Vedanta Ltd. (2019) Date of the Judgment: February 18, 2019 Citation: [Not Available in Source] Judges: Mohan M. Shantanagoudar, J., Vineet Saran, J. Can a party avoid an arbitration award by claiming the dispute was outside the scope of the original agreement? The Supreme Court of India,

Supreme Court Upholds Arbitral Award: MMTC Ltd. vs. Vedanta Ltd. (2019) Read Post »

Supreme Court Clarifies Use of Mediator and Counselor Reports in Child Custody Cases: Perry Kansagra vs. Smriti Madan Kansagra (2019)

/ Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 75, Arbitration and Conciliation Act, 1996 with Section 81, Family Courts Act, 1984, Family Courts Act, 1984 with Section 12, Family Courts Act, 1984 with Section 6, Family Courts Act, 1984 with Section 9, Judges, Uday Umesh Lalit

Supreme Court Clarifies Use of Mediator and Counselor Reports in Child Custody Cases: Perry Kansagra vs. Smriti Madan Kansagra (2019) LEGAL ISSUE: Admissibility of mediator and counselor reports in child custody cases. CASE TYPE: Family Law, Child Custody Case Name: Perry Kansagra vs. Smriti Madan Kansagra Judgment Date: 15 February 2019 Date of the Judgment:

Supreme Court Clarifies Use of Mediator and Counselor Reports in Child Custody Cases: Perry Kansagra vs. Smriti Madan Kansagra (2019) Read Post »

Supreme Court Upholds Contractual Bar on Interest in Arbitration: Jaiprakash Associates Ltd. vs. THDC (2019)

/ A.K. Sikri, Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 31(7)(a), Contract Law, Contract Law with Clause 50, Contract Law with Clause 51, Contractual Interpretation, Judges, M. R. Shah, S. Abdul Nazeer

Supreme Court Upholds Contractual Bar on Interest in Arbitration: Jaiprakash Associates Ltd. vs. THDC (2019) LEGAL ISSUE: Whether an arbitrator can award interest when the contract between parties explicitly prohibits it. CASE TYPE: Arbitration Law Case Name: Jaiprakash Associates Ltd. vs. Tehri Hydro Development Corporation India Ltd. Judgment Date: 07 February 2019 Date of the

Supreme Court Upholds Contractual Bar on Interest in Arbitration: Jaiprakash Associates Ltd. vs. THDC (2019) Read Post »

Supreme Court Upholds Contractual Arbitration Clause: Rajasthan Small Industries Corporation vs. Ganesh Containers (2019)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 11, Arbitration Law with Section 12, Constitutional Law, Constitutional Law with Article 142, Indira Banerjee, Judges, R. Banumathi

Supreme Court Upholds Contractual Arbitration Clause: Rajasthan Small Industries Corporation vs. Ganesh Containers (2019) Date of the Judgment: January 23, 2019 Citation: 2019 INSC 65 Judges: R. Banumathi, J. and Indira Banerjee, J. Can a party bypass a pre-agreed arbitration clause and seek the appointment of an independent arbitrator? The Supreme Court of India recently

Supreme Court Upholds Contractual Arbitration Clause: Rajasthan Small Industries Corporation vs. Ganesh Containers (2019) Read Post »

Supreme Court clarifies appointment of substitute arbitrator under Section 15(2) of the Arbitration Act in Government of Haryana vs. G.F. Toll Road Pvt. Ltd. (2019)

/ Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 15(2), Breach of contract, Concession Agreement, Contract Law, Fifth Schedule of the Arbitration and Conciliation Act, 1996, Indu Malhotra, Judges, Termination of Mandate of Arbitrator

Supreme Court clarifies appointment of substitute arbitrator under Section 15(2) of the Arbitration Act in Government of Haryana vs. G.F. Toll Road Pvt. Ltd. (2019) Date of the Judgment: January 3, 2019 Citation: (2019) INSC 3 Judges: Justice Abhay Manohar Sapre and Justice Indu Malhotra Can an arbitral institution appoint a substitute arbitrator when one

Supreme Court clarifies appointment of substitute arbitrator under Section 15(2) of the Arbitration Act in Government of Haryana vs. G.F. Toll Road Pvt. Ltd. (2019) Read Post »

Supreme Court Decides on Interest Payment in Settlement Agreement Dispute: State Trading Corporation of India Ltd. vs. Global Steel Holding Limited & Ors. (2018)

/ Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 73, Constitutional Law, Constitutional Law with Article 136, Constitutional Law with Article 142, Indu Malhotra, Judges

Supreme Court Decides on Interest Payment in Settlement Agreement Dispute: State Trading Corporation of India Ltd. vs. Global Steel Holding Limited & Ors. (2018) LEGAL ISSUE: Determination of interest payable on outstanding dues under a settlement agreement. CASE TYPE: Civil Dispute, Contract Law, Settlement Agreement Case Name: State Trading Corporation of India Ltd. vs. M/s

Supreme Court Decides on Interest Payment in Settlement Agreement Dispute: State Trading Corporation of India Ltd. vs. Global Steel Holding Limited & Ors. (2018) Read Post »

Supreme Court Sets Aside Delay Condonation in Arbitration Case: Simplex Infrastructure Ltd vs. Union of India (2018)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration Law, Dhananjaya Y Chandrachud, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 14, Vineet Saran

Supreme Court Sets Aside Delay Condonation in Arbitration Case: Simplex Infrastructure Ltd vs. Union of India (2018) LEGAL ISSUE: Whether a delay beyond the statutorily prescribed limit for filing an application to set aside an arbitral award can be condoned. CASE TYPE: Arbitration Law Case Name: M/S Simplex Infrastructure Ltd vs. Union of India [Judgment

Supreme Court Sets Aside Delay Condonation in Arbitration Case: Simplex Infrastructure Ltd vs. Union of India (2018) Read Post »

Supreme Court Upholds Departmental Arbitrator Appointment in Construction Contract Dispute: SP Singla Constructions vs. State of Himachal Pradesh (2018)

/ Arbitration and Conciliation Act, 1996, Arbitration Clause, Arbitration Law, Arbitration Law with Section 11(6), Arbitration Law with Section 26, Construction Contracts, Contract Law, Indira Banerjee, Judges, R. Banumathi

Supreme Court Upholds Departmental Arbitrator Appointment in Construction Contract Dispute LEGAL ISSUE: Whether a departmental employee can be appointed as an arbitrator as per the arbitration clause in a contract, and whether the 2015 Amendment to the Arbitration and Conciliation Act, 1996 applies to arbitral proceedings commenced before the amendment. CASE TYPE: Arbitration Law Case

Supreme Court Upholds Departmental Arbitrator Appointment in Construction Contract Dispute: SP Singla Constructions vs. State of Himachal Pradesh (2018) Read Post »

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