Supreme Court Invalidates Clause for Government Employee Arbitrator: Glock Asia-Pacific vs. Union of India (2023) LEGAL ISSUE: Whether a government employee can be appointed as an arbitrator in a dispute involving the government, given conflict of interest concerns. CASE TYPE: Arbitration Law Case Name: M/S GLOCK ASIA -PACIFIC LTD. VERSUS UNION OF INDIA [Judgment Date]: […]
Supreme Court Dismisses Arbitration Petition Due to Limitation: M/S B AND T AG vs. Ministry of Defence (2023) Date of the Judgment: May 18, 2023 Citation: 2023 INSC 480 Judges: Dr. Dhananjaya Y. Chandrachud, CJI and J. B. Pardiwala, J. Can a party initiate arbitration proceedings years after the cause of action arises, simply because
Supreme Court Dismisses Arbitration Petition Due to Limitation: B&T AG vs. Ministry of Defence (2023) LEGAL ISSUE: Whether a petition for the appointment of an arbitrator can be dismissed if the claims are time-barred. CASE TYPE: Arbitration Case Name: M/S B AND T AG vs. MINISTRY OF DEFENCE [Judgment Date]: 18 May 2023 Date of
Supreme Court Clarifies Pre-Referral Jurisdiction on Arbitration Agreements: Magic Eye Developers vs. Green Edge Infrastructure (2023) LEGAL ISSUE: Scope of pre-referral jurisdiction of the court under Section 11(6) of the Arbitration and Conciliation Act, 1996 regarding the existence and validity of an arbitration agreement. CASE TYPE: Arbitration Law Case Name: Magic Eye Developers Pvt. Ltd.
Supreme Court Clarifies Pre-Referral Jurisdiction on Arbitration Agreements: Magic Eye Developers vs. Green Edge Infrastructure (2023) Date of the Judgment: May 12, 2023 Citation: 2023 INSC 528 Judges: M.R. Shah, J. and C.T. Ravikumar, J. Can a court refer a dispute to arbitration without conclusively deciding on the existence of a valid arbitration agreement? The
Supreme Court Upholds Arbitral Award on Power Purchase Agreement: Reliance Infrastructure Ltd. vs. State of Goa (2023) Date of the Judgment: May 10, 2023 Citation: 2023 INSC 448 Judges: Dinesh Maheshwari, J., Sanjay Kumar, J. Can a court interfere with an arbitrator’s decision on a complex commercial contract? The Supreme Court recently addressed this question
Supreme Court Upholds Arbitral Award on Power Purchase Agreement Dispute Date of the Judgment: 10 May 2023 Citation: (2023) INSC 514 Judges: Justices Dinesh Maheshwari and Sanjay Kumar. This was a unanimous decision by a two-judge bench, with the opinion authored by Justice Dinesh Maheshwari. Can an arbitral award be overturned by a court simply
Supreme Court Upholds Termination of Dealership Contract: Indian Oil Corporation Ltd. vs. M/S. Sathyanarayana Service Station (2023) LEGAL ISSUE: Whether a dealership agreement can be terminated by either party by giving a three-month notice, and if such termination requires acceptance by the other party. CASE TYPE: Contract Law, Arbitration Law. Case Name: Indian Oil Corporation
Supreme Court clarifies applicability of 2015 Arbitration Amendment Act: Shree Vishnu Constructions vs. Military Engineering Service (2023) LEGAL ISSUE: Applicability of the Arbitration and Conciliation (Amendment) Act, 2015 to court proceedings under Section 11 of the Arbitration and Conciliation Act, 1996, when the arbitration notice was issued before the 2015 amendment but the court application
Supreme Court Upholds Rejection of Arbitration in Complex Multi-Party Dispute: Gujarat Composite Ltd. vs. A Infrastructure Ltd. (2023) LEGAL ISSUE: Whether a dispute involving multiple parties and agreements, some of which lack arbitration clauses, can be referred to arbitration based on a clause in one of the agreements. CASE TYPE: Arbitration Law Case Name: Gujarat
Supreme Court Upholds Non-Arbitrability of Disputes Involving Multiple Agreements: Gujarat Composite Ltd. vs. A Infrastructure Ltd. (2023) LEGAL ISSUE: Whether disputes arising from a primary agreement containing an arbitration clause can be referred to arbitration when subsequent agreements, lacking such a clause and involving additional parties, are inextricably linked to the dispute. CASE TYPE: Arbitration
Supreme Court quashes criminal proceedings in share pledge dispute: Prakash Aggarwal vs. Ganesh Benzoplast Limited (2023) LEGAL ISSUE: Whether a criminal case for breach of trust and cheating can be initiated when shares pledged as security are sold by the lender as per the terms of the agreement. CASE TYPE: Criminal Case Name: Prakash Aggarwal
