Arbitration and Conciliation Act, 1996

Supreme Court clarifies incorporation of arbitration clauses by reference in construction contracts: Elite Engineering vs. Techtrans Construction (23 February 2018)

/ A.K. Sikri, Arbitration Agreement, Arbitration Law, Arbitration Law with Section 7, Ashok Bhushan, Construction Contracts, Contract Law, Incorporation by reference, Interpretation of Contracts, Judges

Supreme Court clarifies incorporation of arbitration clauses by reference: Elite Engineering vs. Techtrans Construction (2018) LEGAL ISSUE: Whether an arbitration clause from a main contract can be incorporated into a sub-contract by reference. CASE TYPE: Arbitration Law Case Name: M/S. Elite Engineering and Construction (Hyd.) Private Limited vs. M/S. Techtrans Construction India Private Limited Judgment […]

Supreme Court clarifies incorporation of arbitration clauses by reference in construction contracts: Elite Engineering vs. Techtrans Construction (23 February 2018) Read Post »

Supreme Court clarifies appealability of foreign award enforcement under Arbitration Act and Commercial Courts Act (7 February 2018)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 50, Commercial Courts Act, 2015, Commercial Courts Act, 2015 with Section 13, Foreign Awards, Judges, Navin Sinha, Rohinton Fali Nariman

Supreme Court Clarifies Appealability of Foreign Award Enforcement Under Arbitration Act and Commercial Courts Act LEGAL ISSUE: Whether an appeal, not maintainable under Section 50 of the Arbitration and Conciliation Act, 1996, is maintainable under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. CASE TYPE: Arbitration

Supreme Court clarifies appealability of foreign award enforcement under Arbitration Act and Commercial Courts Act (7 February 2018) Read Post »

Supreme Court Upholds No-Claim Certificate in Construction Dispute: ONGC Mangalore Petrochemicals Ltd. vs. ANS Constructions Ltd. (7 February 2018)

/ Amitava Roy, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration Law, Arbitration Proceedings, Construction Contract Disputes, Contract Law, Contract Law with Accord and Satisfaction, Contractual Obligations, Judges, R.K. Agrawal

Supreme Court Upholds No-Claim Certificate in Construction Dispute: ONGC Mangalore Petrochemicals Ltd. vs. ANS Constructions Ltd. (2018) LEGAL ISSUE: Whether a ‘No Dues Certificate’ issued by a contractor can be invalidated on grounds of duress or coercion, allowing for arbitration of subsequent claims. CASE TYPE: Arbitration Law Case Name: M/s ONGC Mangalore Petrochemicals Ltd. vs.

Supreme Court Upholds No-Claim Certificate in Construction Dispute: ONGC Mangalore Petrochemicals Ltd. vs. ANS Constructions Ltd. (7 February 2018) Read Post »

Supreme Court clarifies the scope of Interim Awards under Arbitration and Conciliation Act: IFFCO vs. Bhadra Products (23 January 2018)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 16, Arbitration and Conciliation Act, 1996 with Section 34, Judges, Navin Sinha, R.F. Nariman

Supreme Court Clarifies Interim Awards Under Arbitration Act: IFFCO vs. Bhadra Products (2018) Date of the Judgment: 23 January 2018 Citation: M/S Indian Farmers Fertilizer Co-Operative Limited v. M/S Bhadra Products (2018) INSC 47 Judges: R.F. Nariman, J. and Navin Sinha, J. Can an arbitrator’s decision on the issue of limitation be considered an interim

Supreme Court clarifies the scope of Interim Awards under Arbitration and Conciliation Act: IFFCO vs. Bhadra Products (23 January 2018) Read Post »

Supreme Court Upholds Arbitration Award in Contract Dispute: Maharashtra State Electricity Distribution Company Ltd. vs. M/S. Datar Switchgear Limited & Ors. (18 January 2018)

/ A.K. Sikri, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Ashok Bhushan, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 39, Indian Contract Act, 1872 with Section 53, Indian Contract Act, 1872 with Section 63, Judges

Supreme Court Upholds Arbitration Award in Maharashtra State Electricity Distribution Company Ltd. vs. M/S. Datar Switchgear Limited & Ors. (2018) LEGAL ISSUE: Whether the Arbitral Tribunal’s award was justified in holding Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) liable for breach of contract due to non-supply of location lists, and whether the damages awarded were

Supreme Court Upholds Arbitration Award in Contract Dispute: Maharashtra State Electricity Distribution Company Ltd. vs. M/S. Datar Switchgear Limited & Ors. (18 January 2018) Read Post »

Supreme Court clarifies incorporation of arbitration clause by reference to standard terms: Inox Wind Ltd. vs. Thermocables Ltd. (2018)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 7(5), Judges, L. Nageswara Rao, S.A. Bobde

Supreme Court Clarifies Incorporation of Arbitration Clauses in Contracts: Inox Wind Ltd. vs. Thermocables Ltd. (2018) LEGAL ISSUE: Whether a general reference to standard terms and conditions in a contract is sufficient to incorporate an arbitration clause. CASE TYPE: Arbitration Law Case Name: M/S. INOX WIND LTD. vs M/S THERMOCABLES LTD. Judgment Date: 05 January

Supreme Court clarifies incorporation of arbitration clause by reference to standard terms: Inox Wind Ltd. vs. Thermocables Ltd. (2018) Read Post »

Supreme Court Upholds Arbitral Award of Interest: Union of India vs. M/s. Susaka Pvt. Ltd. (2017)

/ Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996 with Section 11(5), Arbitration and Conciliation Act, 1996 with Section 31(7), Arbitration and Conciliation Act, 1996 with Section 34, Arbitration Law, Contract Law, Contract Law with Clause 13(3), General Conditions of Contract, Judges, Navin Sinha

LEGAL ISSUE: Whether an arbitral tribunal can award interest on claims when the contract contains a clause prohibiting interest, and whether such an issue can be raised for the first time in appeal. CASE TYPE: Arbitration Law Case Name: Union of India vs. M/s. Susaka Pvt. Ltd. & Ors. Judgment Date: 08 December 2017 Date

Supreme Court Upholds Arbitral Award of Interest: Union of India vs. M/s. Susaka Pvt. Ltd. (2017) Read Post »

Arbitration Award and Fraud: Supreme Court Addresses Public Policy in Venture Global vs. Tech Mahindra (2017)

/ Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996, Arbitration Law, Breach of contract, Contract Law, Indian Contract Act, 1872 with Section 17, J. Chelameswar, Joint Venture Agreement, Judges, Public Policy in Arbitration, Setting Aside Arbitral Award

LEGAL ISSUE: Whether an arbitration award can be set aside due to fraud and violation of public policy. CASE TYPE: Arbitration Law Case Name: Venture Global Engineering LLC vs. Tech Mahindra Ltd & Anr. Judgment Date: November 1, 2017 Introduction Date of the Judgment: November 1, 2017 Citation: 2017 INSC 934 Judges: J. Chelameswar and

Arbitration Award and Fraud: Supreme Court Addresses Public Policy in Venture Global vs. Tech Mahindra (2017) Read Post »

Supreme Court Upholds Civil Court Jurisdiction in Eviction Disputes: Himangni Enterprises vs. Kamaljeet Singh Ahluwalia (2017)

/ Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 8, Civil Law, Delhi Rent Act, 1955, Delhi Rent Act, 1955 with Section 3, Eviction, Judges, Jurisdiction, R.K. Agrawal, Tenancy Disputes

Can a civil court hear an eviction suit when the lease agreement has an arbitration clause? The Supreme Court of India addressed this critical question in Himangni Enterprises vs. Kamaljeet Singh Ahluwalia. This case clarifies that eviction matters, especially those involving statutory protections for tenants, fall under the jurisdiction of civil courts, not arbitrators. The

Supreme Court Upholds Civil Court Jurisdiction in Eviction Disputes: Himangni Enterprises vs. Kamaljeet Singh Ahluwalia (2017) Read Post »

Multiple Arbitral Tribunals Allowed: Supreme Court Decision in Duro Felguera vs. Gangavaram Port (2017)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 11, Arbitration Law with Section 11(6A), Contract Law, Contract Law with Incorporation by Reference, Judges, Kurian Joseph, Memorandum of Understanding, R. Banumathi

LEGAL ISSUE: Whether a single arbitral tribunal can be constituted for multiple contracts arising from the same project, or if separate tribunals are required for each contract. CASE TYPE: Arbitration Law Case Name: M/s. Duro Felguera, S.A. vs. M/s. Gangavaram Port Limited Judgment Date: 10 October 2017 Introduction Date of the Judgment: 10 October 2017

Multiple Arbitral Tribunals Allowed: Supreme Court Decision in Duro Felguera vs. Gangavaram Port (2017) Read Post »

Supreme Court clarifies interest on delayed payments in arbitration: Chittaranjan Maity vs. Union of India (2017)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 31(7)(a), Breach of contract, Contract Law, General Conditions of Contract, J. Chelameswar, Judges, S. Abdul Nazeer

Date of the Judgment: October 3, 2017 Citation: (2017) INSC 849 Judges: J. Chelameswar, S. Abdul Nazeer Can an arbitrator award interest on delayed payments when the contract explicitly prohibits it? The Supreme Court of India addressed this crucial question in a case concerning a railway construction contract. The court clarified the extent of an

Supreme Court clarifies interest on delayed payments in arbitration: Chittaranjan Maity vs. Union of India (2017) Read Post »

Supreme Court allows simultaneous SARFAESI and arbitration proceedings in loan recovery: M.D. Frozen Foods Exports Pvt. Ltd. vs Hero Fincorp Ltd. (21 September 2017)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 37(2)(b), Judges, Rohinton Fali Nariman, Sanjay Kishan Kaul, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13, SARFAESI Act, 2002 with Section 35, SARFAESI Act, 2002 with Section 37

LEGAL ISSUE: Whether arbitration and SARFAESI proceedings can occur simultaneously and if the SARFAESI Act applies to debts existing before the Act’s application to a Non-Banking Financial Company (NBFC). CASE TYPE: Loan Recovery/Banking Law Case Name: M.D. Frozen Foods Exports Pvt. Ltd. & Ors. vs. Hero Fincorp Ltd. Judgment Date: 21 September 2017 Can a

Supreme Court allows simultaneous SARFAESI and arbitration proceedings in loan recovery: M.D. Frozen Foods Exports Pvt. Ltd. vs Hero Fincorp Ltd. (21 September 2017) Read Post »

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