Supreme Court Upholds Arbitral Award Against Non-Signatory: Cheran Properties vs. Kasturi & Sons (2018) LEGAL ISSUE: Whether an arbitral award can be enforced against a non-signatory to an arbitration agreement, particularly a nominee of a party to the agreement. CASE TYPE: Arbitration and Company Law Case Name: Cheran Properties Limited vs. Kasturi and Sons Limited […]
Supreme Court Upholds Contractual Bar on Wage Escalation: Union of India vs. Varindera Constructions Ltd. (2018) LEGAL ISSUE: Whether a contractor can claim additional costs for increased labor wages due to statutory hikes, despite a contractual clause prohibiting such claims. CASE TYPE: Arbitration Law Case Name: Union of India vs. M/s. Varindera Constructions Ltd. [Judgment
Supreme Court Upholds Arbitration Award in Power Plant Refurbishment Dispute, Modifying Bank Guarantee Refund: M.P. Power Generation Co. Ltd. vs. Ansaldo Energia SPA (2018) Date of the Judgment: April 16, 2018 Citation: 2018 INSC 316 Judges: S.A. Bobde, J., L. Nageswara Rao, J. Can a party avoid a contract if they were misled about the
Supreme Court Appoints Arbitrator in IBI Consultancy vs. DSC Limited Dispute (2018) LEGAL ISSUE: Appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Case Name: IBI Consultancy India Private Limited vs. DSC Limited [Judgment Date]: April 16, 2018 Introduction Date of the Judgment: April 16, 2018 Citation:
Supreme Court Appoints Arbitrator in IBI Consultancy vs. DSC Limited Dispute (2018) Read Post »
Supreme Court Upholds Limitation on Challenging Arbitration Award: AnilKumar vs. Pravinchandra (2018) LEGAL ISSUE: Limitation period for challenging an arbitral award. CASE TYPE: Arbitration Law Case Name: Anilkumar Jinabhai Patel (D) Thr. LRs. vs. Pravinchandra Jinabhai Patel and Ors. Judgment Date: 27 March 2018 Introduction Date of the Judgment: 27 March 2018 Citation: 2018 INSC
Supreme Court clarifies jurisdiction objections in arbitration: Lion Engineering Consultants vs. State of M.P. (2018) LEGAL ISSUE: Whether a plea of jurisdiction can be raised under Section 34 of the Arbitration and Conciliation Act, 1996, even if not raised under Section 16 of the same Act. CASE TYPE: Arbitration Law Case Name: M/S Lion Engineering
Supreme Court Clarifies Jurisdiction in Arbitration Cases: Lion Engineering Consultants vs. State of M.P. (2018) LEGAL ISSUE: Whether an objection to jurisdiction can be raised under Section 34 of the Arbitration and Conciliation Act, 1996, even if not raised earlier under Section 16 of the same Act. CASE TYPE: Arbitration Law Case Name: M/S Lion
Supreme Court Clarifies Applicability of Arbitration Acts in Bihar Works Contracts: State of Bihar vs. Brahmaputra Infrastructure Ltd. (2018) LEGAL ISSUE: Applicability of the Central Arbitration and Conciliation Act, 1996 versus the Bihar Public Works Contracts Arbitration Tribunal Act, 2008 in cases where an arbitration agreement exists. CASE TYPE: Arbitration Law Case Name: The State
Supreme Court Clarifies Applicability of 2015 Amendment Act to Arbitration Proceedings: BCCI vs. Kochi Cricket (2018) INSC 227 LEGAL ISSUE: Applicability of the Arbitration and Conciliation (Amendment) Act, 2015 to pending arbitral and court proceedings. CASE TYPE: Arbitration Law Case Name: Board of Control for Cricket in India vs. Kochi Cricket Pvt. Ltd. and Others
Supreme Court Restricts Foreign Law Firms’ Practice in India: Bar Council of India vs. A.K. Balaji (2018) LEGAL ISSUE: Whether foreign law firms and lawyers are permitted to practice law in India. CASE TYPE: Regulatory/Advocacy Case Name: Bar Council of India vs. A.K. Balaji and Ors. Judgment Date: March 13, 2018 Date of the Judgment:
Supreme Court clarifies payment appropriation in contract dispute: Kerala State Electricity Board vs. Kurien E. Kalathil (2018) LEGAL ISSUE: Contractual payment appropriation and interest calculation CASE TYPE: Contract/Civil Case Name: Kerala State Electricity Board and Anr. vs. Kurien E. Kalathil and Anr. [Judgment Date]: 9 March 2018 Date of the Judgment: 9 March 2018 Citation:
Supreme Court Upholds SARFAESI Act Invocation by Successor-in-Interest in Indiabulls Housing Finance vs. Deccan Chronicle Holdings (2018) LEGAL ISSUE: Whether a successor-in-interest, like Indiabulls Housing Finance Limited, can invoke the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) when the original lender, Indiabulls Financial Services Limited (IBFSL), was
