Arbitration and Conciliation Act, 1996 Archives

Arbitration Clause Invoked: Supreme Court Appoints Arbitrator in Dispute Between Nirmal Software and Dr. Babasaheb Ambedkar Marathwada University (2019)

July 9, 2019 / Abhay Manohar Sapre, Appointment of Arbitrator, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 12, Contract Law, Contractual Agreements, Indu Malhotra, Judges, Memorandum of Understanding (MoU)

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 […]

Arbitration Clause Invoked: Supreme Court Appoints Arbitrator in Dispute Between Nirmal Software and Dr. Babasaheb Ambedkar Marathwada University (2019) Read Post »

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

July 1, 2019 / A.M. Khanwilkar, Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 7, Group of Companies Doctrine, Judges

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 Partially Upholds Arbitration Award on Coal Price Escalation: Parsa Kente Collieries vs. Rajasthan Rajya Vidyut Utpadan Nigam (2019)

May 27, 2019 / Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Arun Mishra, Contract Interpretation, Contract Law, Force Majeure, Judges, M.R. Shah

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 Partially Upholds Arbitration Award on Coal Price Escalation: Parsa Kente Collieries vs. Rajasthan Rajya Vidyut Utpadan Nigam (2019) Read Post »

Supreme Court Upholds Contract Terms in Ssangyong vs. NHAI Price Adjustment Dispute: Civil Appeal No. 4779 of 2019 (08 May 2019)

May 8, 2019 / Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 18, Arbitration and Conciliation Act, 1996 with Section 24(3), Arbitration and Conciliation Act, 1996 with Section 34, Breach of contract, Contract Law, Interpretation of Contract, Judges, R.F. Nariman, Vineet Saran

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 Upholds Contract Terms in Ssangyong vs. NHAI Price Adjustment Dispute: Civil Appeal No. 4779 of 2019 (08 May 2019) Read Post »

Supreme Court Clarifies Waiver of Arbitrator Ineligibility under Section 12(5) of the Arbitration Act: Bharat Broadband Network Ltd. vs. United Telecoms Ltd. (2019)

April 16, 2019 / Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 12(5), Arbitration and Conciliation Act, 1996 with Section 4, Arbitrator Ineligibility, Express and Implied Promises, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 9, Judges, R.F. Nariman, Vineet Saran

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 Waiver of Arbitrator Ineligibility under Section 12(5) of the Arbitration Act: Bharat Broadband Network Ltd. vs. United Telecoms Ltd. (2019) Read Post »

Supreme Court Clarifies the Effect of Unstamped Arbitration Agreements: Garware Wall Ropes Ltd. vs. Coastal Marine Constructions & Engineering Ltd. (2019)

April 10, 2019 / Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 16, Impounding of Instruments, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 2, Indian Stamp Act, 1899, Indian Stamp Act, 1899 with Section 33, Indian Stamp Act, 1899 with Section 34, Judges, R.F. Nariman, Vineet Saran

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 Clarifies the Effect of Unstamped Arbitration Agreements: Garware Wall Ropes Ltd. vs. Coastal Marine Constructions & Engineering Ltd. (2019) Read Post »

Supreme Court Upholds Contractual Arbitration Clauses, Limits Interference: Union of India vs. Parmar Construction Company (2019)

March 29, 2019 / A.M. Khanwilkar, Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 21, Arbitration and Conciliation Act, 1996 with Section 26, Contract Law, Contract Law with 'No Claim' Certificates, Contract Law with Arbitration Clause, Judges

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

Supreme Court Upholds Contractual Arbitration Clauses, Limits Interference: Union of India vs. Parmar Construction Company (2019) Read Post »

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

March 28, 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)

February 20, 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)

February 20, 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)

February 19, 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)

February 18, 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 »