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 Upholds Incorporation of Arbitration Clause by Reference in Coal India Dispute Date of the Judgment: 15 February 2019 Citation: Giriraj Garg v. Coal India Ltd. & Ors. (2019) INSC 123 Judges: Uday Umesh Lalit, J. and Indu Malhotra, J. Can an arbitration clause in a parent scheme be automatically applied to individual sale
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 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 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 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 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 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 Sets Aside High Court Order on Post-Award Application in Arbitration Case LEGAL ISSUE: Whether a High Court can pass an order on a post-award application under Section 9 of the Arbitration and Conciliation Act, 1996 before the expiry of the limitation period for challenging the award under Section 34 of the same Act.
Supreme Court Clarifies Scope of Dispute Resolution Clauses in Contracts: South Delhi Municipal Corporation vs. SMS AAMW Tollways Private Ltd (2018) LEGAL ISSUE: Whether a clause providing for an appeal to a higher authority within an organization constitutes an arbitration agreement. CASE TYPE: Arbitration Law Case Name: South Delhi Municipal Corporation vs. SMS AAMW Tollways
Supreme Court Upholds Enforcement of Foreign Award Despite Initial Document Deficiency: PEC Ltd. vs. Austbulk Shipping (2018) LEGAL ISSUE: Whether an application for enforcement of a foreign arbitral award can be dismissed for not including the original arbitration agreement at the time of filing. CASE TYPE: Arbitration Law Case Name: P.E.C. Limited vs. Austbulk Shipping
Supreme Court Enforces Arbitration Clause in Bill of Lading: Caravel Shipping vs. Premier Sea Foods (2018) Date of the Judgment: October 29, 2018 Citation: (2018) INSC 968 Judges: R.F. Nariman, J. and Navin Sinha, J. Can a party be bound by an arbitration clause in a Bill of Lading, even if the clause is in
