LEGAL ISSUE: Whether an arbitral tribunal has the power to recall its order terminating proceedings under Section 25(a) of the Arbitration and Conciliation Act, 1996, due to the claimant’s failure to file a statement of claim. CASE TYPE: Arbitration Law Case Name: SREI Infrastructure Finance Limited vs. Tuff Drilling Private Limited Judgment Date: 20 September […]
LEGAL ISSUE: Whether an employee of a party to a contract can act as an arbitrator as per the arbitration clause in the contract, before the 2015 Amendment to the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law. Case Name: Aravali Power Company Pvt. Ltd. vs. M/S. Era Infra Engineering Ltd. Judgment Date: 12
LEGAL ISSUE: Enforceability of an arbitral award as a decree of a civil court. CASE TYPE: Arbitration Law. Case Name: Punjab State Civil Supplies Corporation Ltd. & Anr. vs. M/s Atwal Rice & General Mills Rep. by its Partners. [Judgment Date]: July 11, 2017 Introduction Date of the Judgment: July 11, 2017 Citation: (2017) INSC
LEGAL ISSUE: Whether an Arbitral Tribunal’s interim orders are enforceable and whether contempt of such orders falls under the ambit of Section 27(5) of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law. Case Name: Alka Chandewar vs. Shamshul Ishrar Khan. Judgment Date: July 6, 2017 Introduction Date of the Judgment: July 6, 2017
LEGAL ISSUE: Whether the High Court erred in dismissing an arbitration appeal without proper consideration of facts and legal grounds. CASE TYPE: Arbitration Law Case Name: The Navnirman Development Consultants (I) Pvt. Ltd. vs. The Divisional Commissioner & President District Sports Complex Executive Committee [Judgment Date]: July 05, 2017 Date of the Judgment: July 05,
LEGAL ISSUE: Whether an individual disqualified from acting as an arbitrator can nominate another arbitrator. CASE TYPE: Arbitration Law Case Name: TRF Ltd. vs. Energo Engineering Projects Ltd. Judgment Date: 03 July 2017 Introduction Date of the Judgment: 03 July 2017 Citation: Civil Appeal No. 5306 of 2017 (@ S.L.P. (C) NO. 22912 OF 2016)
Can a court overturn an arbitral award because of non-production of documents, even if those documents were actually produced? The Supreme Court of India addressed this question in a dispute between Kamrup Industrial Gases Ltd. and the Union of India. This case revolves around a contract for the supply of industrial gases and the subsequent
Can a suit be dismissed for misjoinder of parties when the causes of action are related? The Supreme Court of India addressed this question in a case involving a construction agreement and a subsequent oral agreement. The Court also clarified the applicability of an arbitration clause in such situations. This judgment clarifies the rules of
Can a court accept a bid in an auction if the offered price, after deducting taxes, falls below the reserve price? The Supreme Court of India addressed this question in a recent case concerning the sale of metallurgical coke. This case highlights the importance of ensuring fair value in court-ordered auctions. The judgment was delivered
Can a state government provide a separate mechanism for recovering dues under the Micro, Small and Medium Enterprises Development Act, 2006, that differs from the standard procedure under the Arbitration and Conciliation Act, 1996? The Supreme Court of India addressed this question in a case concerning the validity of a rule allowing recovery of dues
Date of the Judgment: May 10, 2013 Judges: Altamas Kabir, CJI and Surinder Singh Nijjar, J. Citation: (2013) INSC 341 Can an arbitration agreement remain valid even if the main contract containing it is declared void? The Supreme Court of India addressed this crucial question in a case involving a real estate development project. The
Introduction Date of the Judgment: October 01, 2008 Judges: Tarun Chatterjee, J., Dalveer Bhandari, J. Does the absence of a formal signed agreement negate the existence of an arbitration agreement when parties have acted upon the terms of a tender containing an arbitration clause? The Supreme Court of India addressed this critical question in a
