Arbitration and Conciliation Act, 1996

Supreme Court clarifies the power of remand in Section 37 Arbitration Act Appeals: Bombay Slum Redevelopment vs. Samir Narain Bhojwani (2024)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37

Supreme Court on Remand in Arbitration Appeals: Bombay Slum Redevelopment vs. Samir Narain Bhojwani (2024) LEGAL ISSUE: Scope of appellate court’s power to remand a case under Section 37 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law Case Name: Bombay Slum Redevelopment Corporation Private Limited vs. Samir Narain Bhojwani [Judgment Date]: July […]

Supreme Court clarifies the power of remand in Section 37 Arbitration Act Appeals: Bombay Slum Redevelopment vs. Samir Narain Bhojwani (2024) Read Post »

Supreme Court Clarifies Termination of Arbitration Proceedings Under Section 32 of the Arbitration Act: Dani Wooltex Corporation vs. Sheil Properties (2024)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 14, Arbitration and Conciliation Act, 1996 with Section 25, Arbitration and Conciliation Act, 1996 with Section 32

Supreme Court Clarifies Termination of Arbitration Proceedings Under Section 32 of the Arbitration Act: Dani Wooltex Corporation vs. Sheil Properties (2024) LEGAL ISSUE: Whether an arbitral tribunal can terminate proceedings under Section 32(2)(c) of the Arbitration and Conciliation Act, 1996, due to a claimant’s perceived abandonment of their claim. CASE TYPE: Arbitration Law Case Name:

Supreme Court Clarifies Termination of Arbitration Proceedings Under Section 32 of the Arbitration Act: Dani Wooltex Corporation vs. Sheil Properties (2024) Read Post »

Supreme Court clarifies the use of “Minutes of Order” in land disputes, emphasizing third-party rights: Ajay Ishwar Ghute & Ors. vs. Meher K. Patel & Ors. (30 April 2024)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 9, Constitutional Law, Constitutional Law with Article 226

Supreme Court on “Minutes of Order” and Third-Party Rights in Land Disputes: Ajay Ishwar Ghute vs. Meher K. Patel (2024) LEGAL ISSUE: The legality of High Court orders based on “Minutes of Order” without considering the rights of third parties. CASE TYPE: Civil Appeal (Land Dispute) Case Name: Ajay Ishwar Ghute & Ors. vs. Meher

Supreme Court clarifies the use of “Minutes of Order” in land disputes, emphasizing third-party rights: Ajay Ishwar Ghute & Ors. vs. Meher K. Patel & Ors. (30 April 2024) Read Post »

Supreme Court Sets Aside High Court Order on Arbitration in Land Dispute: State of Madhya Pradesh vs. Satish Jain (2024) INSC 315

/ Arbitration Agreement, Arbitration Award, Arbitration Law, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VI Rule 17, Code of Civil Procedure, 1908 with Order VII Rule 11, Code of Civil Procedure, 1908 with Section 89

Supreme Court Sets Aside High Court Order on Arbitration in Land Dispute: State of Madhya Pradesh vs. Satish Jain (2024) INSC 315 LEGAL ISSUE: Whether an arbitration award based on an agreement that relies on an ex-parte decree can be enforced after the ex-parte decree is set aside. CASE TYPE: Civil Case Name: State of

Supreme Court Sets Aside High Court Order on Arbitration in Land Dispute: State of Madhya Pradesh vs. Satish Jain (2024) INSC 315 Read Post »

Supreme Court clarifies arbitration clause incorporation in contract law: NBCC vs Zillion Infraprojects (2024)

/ Arbitration Agreement, Arbitration Law, Arbitration Law with Section 7(5), Breach of contract, Contract Law, Contract Law with Dispute Resolution, Contract Law with Letter of Intent (LOI), Incorporation by reference

Supreme Court clarifies arbitration clause incorporation in contract law: NBCC vs Zillion Infraprojects (2024) LEGAL ISSUE: Whether a general reference to another contract incorporates the arbitration clause from the referenced contract into the main contract. CASE TYPE: Arbitration Law Case Name: NBCC (India) Limited vs. Zillion Infraprojects Pvt. Ltd. Judgment Date: 19 March 2024 Date

Supreme Court clarifies arbitration clause incorporation in contract law: NBCC vs Zillion Infraprojects (2024) Read Post »

Supreme Court clarifies interest liability under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993: Snehadeep Structures vs. MSSIDC (2024)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration Law, Commercial Contracts, Commercial Law, Interest on Delayed Payments Act

Supreme Court Clarifies Interest Liability under the Interest on Delayed Payments Act: Snehadeep Structures vs. MSSIDC (2024) LEGAL ISSUE: Interpretation of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, specifically regarding the date from which interest is payable and the applicability of the proviso to Section 3. CASE TYPE:

Supreme Court clarifies interest liability under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993: Snehadeep Structures vs. MSSIDC (2024) Read Post »

Supreme Court Upholds Enforcement of Foreign Arbitral Award, Rejecting Bias Allegations: Avitel Post Studioz vs. HSBC PI Holdings (2024)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 48, Enforcement of Foreign Arbitral Awards, New York Convention, New York Convention with Article V(2)

Supreme Court Upholds Enforcement of Foreign Arbitral Award, Rejecting Bias Allegations: Avitel Post Studioz vs. HSBC PI Holdings (2024) LEGAL ISSUE: Whether a foreign arbitral award can be denied enforcement in India due to allegations of arbitrator bias and violation of public policy. CASE TYPE: International Commercial Arbitration Case Name: Avitel Post Studioz Limited &

Supreme Court Upholds Enforcement of Foreign Arbitral Award, Rejecting Bias Allegations: Avitel Post Studioz vs. HSBC PI Holdings (2024) Read Post »

Supreme Court clarifies the limitation period for appointment of arbitrators under Section 11 of the Arbitration Act: Arif Azim Co. Ltd. vs. Aptech Ltd. (2024)

/ Applicability of Limitation Act to Arbitration, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 43, Commencement of Arbitral Proceedings, Limitation Act, 1963, Limitation Act, 1963 with Article 137

Supreme Court Clarifies Limitation for Arbitrator Appointments in Arif Azim Co. Ltd. vs. Aptech Ltd. (2024) Date of the Judgment: 1st March 2024 Citation: 2024 INSC 155 Judges: Dr. Dhananjaya Y. Chandrachud, CJI, J.B. Pardiwala, J., Manoj Misra, J. When does the clock start ticking for filing an application for the appointment of an arbitrator?

Supreme Court clarifies the limitation period for appointment of arbitrators under Section 11 of the Arbitration Act: Arif Azim Co. Ltd. vs. Aptech Ltd. (2024) Read Post »

Supreme Court Restores Arbitrator’s Award, Emphasizes Limited Court Interference in Arbitration Cases: S.V. Samudram vs. State of Karnataka (2024) INSC 17 (4 January 2024)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37

Supreme Court Restores Arbitrator’s Award, Emphasizes Limited Court Interference in Arbitration Cases Date of the Judgment: 4th January 2024 Citation: (2024) INSC 17 Judges: Abhay S. Oka J., Sanjay Karol J. Can a court modify an arbitrator’s award, or is its role limited to setting aside the award if it finds errors? The Supreme Court

Supreme Court Restores Arbitrator’s Award, Emphasizes Limited Court Interference in Arbitration Cases: S.V. Samudram vs. State of Karnataka (2024) INSC 17 (4 January 2024) Read Post »

Supreme Court Upholds Arbitration Clause: Sushma Shivkumar Daga & Anr. vs. Madhurkumar Ramkrishnaji Bajaj & Ors. (2023)

/ Arbitration Agreement, Arbitration Law, Arbitration Law with Section 8, Contract Law, Contract Law with Conveyance Deed, Development Agreements, Judicial Intervention, Tripartite Agreements

Supreme Court Upholds Arbitration in Property Dispute: Sushma Daga vs. Madhurkumar Bajaj (2023) LEGAL ISSUE: Whether a dispute arising from a conveyance deed and development agreements, which are based on prior agreements containing an arbitration clause, can be referred to arbitration, even if the subsequent documents lack such a clause. CASE TYPE: Civil, Arbitration Case

Supreme Court Upholds Arbitration Clause: Sushma Shivkumar Daga & Anr. vs. Madhurkumar Ramkrishnaji Bajaj & Ors. (2023) Read Post »

Group of Companies Doctrine: Supreme Court Defines Scope in Arbitration Cases (2023)

/ Arbitration Act, 1996 with Section 8, Arbitration Agreement, Arbitration Law, Contract Law, Group of Companies Doctrine, Indian Contract Act, 1872 with Contract Principles, Privity of Contract

Supreme Court Clarifies Group of Companies Doctrine in Arbitration Law Date of the Judgment: December 06, 2023 The Supreme Court of India, in a landmark judgment, has clarified the applicability of the “Group of Companies” doctrine in arbitration law. This ruling addresses a critical question: Can a company that hasn’t signed an arbitration agreement be

Group of Companies Doctrine: Supreme Court Defines Scope in Arbitration Cases (2023) Read Post »

Supreme Court Invalidates Pre-Deposit Clause in Arbitration: Lombardi Engineering vs. Uttarakhand Jal Vidyut Nigam (2023) INSC 976

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 2(f), Constitutional Law, Constitutional Law with Article 14, Fundamental Rights

Supreme Court Invalidates Pre-Deposit Clause in Arbitration: Lombardi Engineering vs. Uttarakhand Jal Vidyut Nigam (2023) INSC 976 LEGAL ISSUE: Whether a pre-deposit clause in an arbitration agreement is valid and enforceable under the Arbitration and Conciliation Act, 1996 and the Constitution of India. CASE TYPE: Arbitration Law Case Name: Lombardi Engineering Limited vs. Uttarakhand Jal

Supreme Court Invalidates Pre-Deposit Clause in Arbitration: Lombardi Engineering vs. Uttarakhand Jal Vidyut Nigam (2023) INSC 976 Read Post »

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