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 […]
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:
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 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
Supreme Court Clarifies Arbitration Agreements: Solaris Chem Tech Industries Ltd vs. Karnataka Urban Water Supply Board (2023) LEGAL ISSUE: Whether a clause providing for dispute resolution by a departmental authority constitutes a valid arbitration agreement. CASE TYPE: Contractual Dispute, Arbitration Law Case Name: Solaris Chem Tech Industries Ltd vs. Assistant Executive Engineer Karnataka Urban Water
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 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 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
