Arbitration and Conciliation Act, 1996

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 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 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 »

Loss of Profit Claims: Supreme Court clarifies evidence requirements in Unibros vs. All India Radio (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 73

Supreme Court on Loss of Profit Claims in Contract Delays: Unibros vs. All India Radio (2023) LEGAL ISSUE: What constitutes sufficient evidence for a claim of loss of profit due to delays in contract execution? CASE TYPE: Arbitration Law Case Name: M/s Unibros vs. All India Radio [Judgment Date]: 19th October 2023 Date of the

Loss of Profit Claims: Supreme Court clarifies evidence requirements in Unibros vs. All India Radio (2023) Read Post »

Arbitrator Fee Disputes: Supreme Court Upholds Tribunal’s Mandate in Chennai Metro Rail vs. Transtonnelstroy (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 12, Arbitration and Conciliation Act, 1996 with Section 13, Arbitration and Conciliation Act, 1996 with Section 14, Breach of contract, Contract Law

Supreme Court Clarifies Arbitrator Fee Disputes: Chennai Metro Rail vs. Transtonnelstroy (2023) LEGAL ISSUE: Whether a tribunal’s unilateral increase of fees, despite objections from one party, terminates its mandate. CASE TYPE: Arbitration Law Case Name: Chennai Metro Rail Limited vs. M/S Transtonnelstroy Afcons (JV) & Anr. [Judgment Date]: 19 October 2023 Date of the Judgment:

Arbitrator Fee Disputes: Supreme Court Upholds Tribunal’s Mandate in Chennai Metro Rail vs. Transtonnelstroy (2023) Read Post »

Supreme Court overturns High Court order in property theft case: Ruchir Rastogi vs. Pankaj Rastogi (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 9, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 380, Indian Penal Code, 1860 with Section 457, Interim Measures, Offences Against Property

Supreme Court overturns High Court order in property theft case: Ruchir Rastogi vs. Pankaj Rastogi (2023) LEGAL ISSUE: Whether the High Court was right in quashing the FIR for offences under Sections 457, 380, and 506 of the Indian Penal Code, 1860. CASE TYPE: Criminal Case Name: Ruchir Rastogi vs. Pankaj Rastogi and Others Judgment

Supreme Court overturns High Court order in property theft case: Ruchir Rastogi vs. Pankaj Rastogi (2023) Read Post »

Currency Conversion in Construction Contracts: Supreme Court clarifies payment terms in National Projects Construction Corporation vs. Royal Construction Company (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Contract Law, Contract Law with Agreement dated 29th June 1982, Currency of Payment, Enforcement of Arbitral Awards, Interpretation of Contracts

Supreme Court clarifies currency conversion in construction dispute: National Projects Construction Corporation vs. Royal Construction Company (2023) Date of the Judgment: October 10, 2023 Citation: 2023 INSC 899 Judges: Aniruddha Bose, J., Vikram Nath, J. Can a court order payment in a currency different from what was agreed upon in a contract? The Supreme Court

Currency Conversion in Construction Contracts: Supreme Court clarifies payment terms in National Projects Construction Corporation vs. Royal Construction Company (2023) Read Post »

Supreme Court Upholds Rejection of Belated Claim in Insolvency: RPS Infrastructure Ltd. vs. Mukul Kumar (2023)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 31, Insolvency and Bankruptcy Code, 2016 with Section 60(5)

Supreme Court Upholds Rejection of Belated Claim in Insolvency: RPS Infrastructure Ltd. vs. Mukul Kumar (2023) Date of the Judgment: September 11, 2023 Citation: 2023 INSC 816 Judges: Sanjay Kishan Kaul, J. and Sudhanshu Dhulia, J. Can a creditor, who missed the initial deadline, have their claim considered after the resolution plan has been approved

Supreme Court Upholds Rejection of Belated Claim in Insolvency: RPS Infrastructure Ltd. vs. Mukul Kumar (2023) Read Post »

Supreme Court Upholds Enforcement of Foreign Arbitral Award Against Non-Signatories in Review Petition: Arun Dev Upadhyaya vs. Integrated Sales Service Ltd. (2023) INSC 610 (5 July 2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 46, Arbitration and Conciliation Act, 1996 with Section 48, Code of Civil Procedure, Code of Civil Procedure with Order XLVII Rule 1, Enforcement of Foreign Awards, Review Jurisdiction

Supreme Court Upholds Enforcement of Foreign Arbitral Award Against Non-Signatories Date of the Judgment: 5 July 2023 Citation: (2023) INSC 610 Judges: B.R. Gavai, J. and Vikram Nath, J. Can a foreign arbitral award be enforced against individuals or entities not directly party to the arbitration agreement? The Supreme Court of India, in this review

Supreme Court Upholds Enforcement of Foreign Arbitral Award Against Non-Signatories in Review Petition: Arun Dev Upadhyaya vs. Integrated Sales Service Ltd. (2023) INSC 610 (5 July 2023) Read Post »

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