Arbitration and Conciliation Act, 1996

Supreme Court clarifies the enforceability of arbitration agreements in unstamped contracts: N.N. Global Mercantile Private Limited vs. Indo Unique Flame Ltd. & Ors. (25 April 2023)

/ Ajay Rastogi, Aniruddha Bose, Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, C.T. Ravikumar, Hrishikesh Roy, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 2(g), Indian Contract Act, 1872 with Section 2(h), Indian Stamp Act, 1899, Indian Stamp Act, 1899 with Section 35, Judges, K.M. Joseph

Date of the Judgment: 25 April 2023 Citation: INSC 368 of 2023 Judges: K.M. Joseph, J., Aniruddha Bose, J., Ajay Rastogi, J., Hrishikesh Roy, J., and C.T. Ravikumar, J. (Majority opinion by K.M. Joseph, J. with a concurring opinion by C.T. Ravikumar, J. and dissenting opinions by Ajay Rastogi, J. and Hrishikesh Roy, J.) Can […]

Supreme Court clarifies the enforceability of arbitration agreements in unstamped contracts: N.N. Global Mercantile Private Limited vs. Indo Unique Flame Ltd. & Ors. (25 April 2023) Read Post »

Supreme Court Settles Arbitrability of Disputes After Settlement Agreement in NTPC vs. SPML Case (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 11(6A), Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y Chandrachud, Judges, Pamidighantam Sri Narasimha, Section 11, Arbitration and Conciliation Act, 1996

Supreme Court Settles Arbitrability of Disputes After Settlement Agreement in NTPC vs. SPML Case (2023) LEGAL ISSUE: Whether a dispute can be referred to arbitration after a settlement agreement has been reached and implemented by the parties. CASE TYPE: Arbitration Law Case Name: NTPC Ltd. vs. M/S SPML Infra Ltd. Judgment Date: 10 April 2023

Supreme Court Settles Arbitrability of Disputes After Settlement Agreement in NTPC vs. SPML Case (2023) Read Post »

Supreme Court settles arbitrability of disputes after settlement agreement in NTPC vs. SPML case (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 11(6), Contract Law, Dhananjaya Y Chandrachud, Dispute Resolution, Judges, Pamidighantam Sri Narasimha, Settlement Agreement

Supreme Court Settles Arbitrability of Disputes After Settlement Agreement in NTPC vs. SPML Case (2023) LEGAL ISSUE: Whether a dispute is arbitrable after a settlement agreement has been executed and acted upon by the parties. CASE TYPE: Arbitration Law Case Name: NTPC LTD. vs. M/S SPML INFRA LTD. Judgment Date: 10 April 2023 Date of

Supreme Court settles arbitrability of disputes after settlement agreement in NTPC vs. SPML case (2023) Read Post »

Supreme Court Limits Arbitrator’s Power to Award Claims Beyond Final Bill: Union of India vs. Bharat Enterprise (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 16, Arbitration Law with Section 37, B.V. Nagarathna, Contract Law, Contract Law with Clauses 65 and 65A, Final Bill, Indian Contract Act, 1872, Indian Contract Act, 1872 with Sections 15 to 18, Judges, K.M. Joseph, Krishna Murari, No Claims Certificate

Supreme Court Limits Arbitrator’s Power to Award Claims Beyond Final Bill: Union of India vs. Bharat Enterprise (2023) LEGAL ISSUE: Whether an arbitrator can award claims not included in the final bill submitted by a contractor, especially when the contract prohibits such claims. CASE TYPE: Arbitration Law Case Name: Union of India & Ors. vs.

Supreme Court Limits Arbitrator’s Power to Award Claims Beyond Final Bill: Union of India vs. Bharat Enterprise (2023) Read Post »

Supreme Court Upholds Forfeiture of Security Deposit and Modifies Interest Rate in Construction Contract Dispute: Indian Railway Construction Company Limited vs. M/s National Buildings Construction Corporation Limited (2023) INSC 248 (17 March 2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 31(7)(a), Breach of contract, Contract Law, Contract Law with Clause 17.4, Contract Law with Clause 60.1, Judges, M. R. Shah, M.M. Sundresh

Supreme Court Upholds Forfeiture of Security Deposit and Modifies Interest Rate in Construction Contract Dispute Date of the Judgment: 17 March 2023 Citation: (2023) INSC 248 Judges: M. R. Shah, J. and M.M. Sundresh, J. Can a contractor’s security deposit be forfeited if they fail to complete work, even if the termination notice cites an

Supreme Court Upholds Forfeiture of Security Deposit and Modifies Interest Rate in Construction Contract Dispute: Indian Railway Construction Company Limited vs. M/s National Buildings Construction Corporation Limited (2023) INSC 248 (17 March 2023) Read Post »

Supreme Court Upholds Dismissal of Arbitration Award in Partnership Dispute: Super Diamond Tools vs. K. Mohan Rao (2 March 2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Dipankar Datta, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 17, Partnership, Partnership Accounts, S. Ravindra Bhat

Supreme Court Upholds Dismissal of Arbitration Award in Partnership Dispute LEGAL ISSUE: Whether an arbitral award based on accounts spanning 21 years, with a counter-claim made after a significant delay, is against public policy and can be set aside. CASE TYPE: Arbitration. Case Name: Super Diamond Tools & Ors. vs. K. Mohan Rao. Judgment Date:

Supreme Court Upholds Dismissal of Arbitration Award in Partnership Dispute: Super Diamond Tools vs. K. Mohan Rao (2 March 2023) Read Post »

Supreme Court allows additional evidence in Arbitration cases: Alpine Housing vs. Ashok Dhariwal (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 34(2)(a), Arbitration and Conciliation Act, 1996 with Section 34(2)(b), C.T. Ravikumar, Indian Contract Act, Indian Contract Act with Section 56, Judges, M.R. Shah

Supreme Court Allows Additional Evidence in Arbitration Case: Alpine Housing vs. Ashok Dhariwal (2023) LEGAL ISSUE: Whether an applicant can be permitted to adduce additional evidence to support their case in an application under Section 34 of the Arbitration and Conciliation Act, 1996, specifically concerning public policy grounds. CASE TYPE: Arbitration Case Name: M/s Alpine

Supreme Court allows additional evidence in Arbitration cases: Alpine Housing vs. Ashok Dhariwal (2023) Read Post »

Supreme Court permits evidence in Section 34 Arbitration Act: Alpine Housing vs. Ashok Dhariwal (2023)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, C.T. Ravikumar, Indian Contract Act, Indian Contract Act with Section 56, Judges, M.R. Shah, Public Policy

Supreme Court permits evidence in Section 34 Arbitration Act: Alpine Housing vs. Ashok Dhariwal (2023) LEGAL ISSUE: Whether a party can adduce evidence to support a challenge to an arbitral award based on public policy grounds under Section 34 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Case Name: M/s Alpine Housing Development

Supreme Court permits evidence in Section 34 Arbitration Act: Alpine Housing vs. Ashok Dhariwal (2023) Read Post »

Supreme Court clarifies interest calculation on decreed amounts: Nepa Limited vs. Manoj Kumar Agrawal (2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXI, Rule 1, Judges, Sanjiv Khanna, Sudhanshu Dhulia

Supreme Court Clarifies Interest Calculation on Decreed Amounts: Nepa Limited vs. Manoj Kumar Agrawal (2022) Date of the Judgment: 08 December 2022 Citation: [Not Available in Source] Judges: Sanjiv Khanna, J. and Sudhanshu Dhulia, J. Can interest be claimed on a decreed amount when a portion of it has already been paid and withdrawn by

Supreme Court clarifies interest calculation on decreed amounts: Nepa Limited vs. Manoj Kumar Agrawal (2022) Read Post »

Arbitration Clause Enforced: Supreme Court Resolves Shareholder Dispute in VGP Marine Kingdom Case (2022)

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Contractual Obligations, Corporate Law, Indian Contract Act, 1872, Judges, Krishna Murari, M.R. Shah, National Company Law Tribunal (NCLT), Shareholders Agreement

Supreme Court Orders Arbitration in Shareholder Dispute: VGP Marine Kingdom vs. Kay Ellen Arnold (2022) LEGAL ISSUE: Whether a court can refuse to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, if prior arbitration proceedings or related matters are pending before the National Company Law Tribunal (NCLT). CASE TYPE: Arbitration

Arbitration Clause Enforced: Supreme Court Resolves Shareholder Dispute in VGP Marine Kingdom Case (2022) Read Post »

Supreme Court settles the overriding effect of the MSMED Act, 2006 on the Arbitration Act, 1996 in disputes: Gujarat State Civil Supplies Corporation Ltd. vs. Mahakali Foods Pvt. Ltd. (31 October 2022)

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 7, Arbitration and Conciliation Act, 1996 with Section 80, Bela M. Trivedi, Dispute Resolution under MSMED Act, Judges, Micro, Small and Medium Enterprises Development Act, 2006, MSMED Act with Section 18, MSMED Act with Section 24, Uday Umesh Lalit

Supreme Court Clarifies MSMED Act’s Overriding Effect on Arbitration Act in Disputes: Gujarat State Civil Supplies Corporation Ltd. vs. Mahakali Foods Pvt. Ltd. (2022) LEGAL ISSUE: Whether the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) override the provisions of the Arbitration and Conciliation Act, 1996 when there is an

Supreme Court settles the overriding effect of the MSMED Act, 2006 on the Arbitration Act, 1996 in disputes: Gujarat State Civil Supplies Corporation Ltd. vs. Mahakali Foods Pvt. Ltd. (31 October 2022) Read Post »

Supreme Court Allows Arbitration Despite Unstamped Agreements: Weatherford vs. Baker Hughes (20 October 2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 16, Arbitration Law, Bela M. Trivedi, Enforceability of Arbitration Agreements, Judges, Maharashtra Stamp Act, 1958, Payment of Stamp Duty, Separability of Arbitration Agreement, Stamp Duty, Uday Umesh Lalit

Supreme Court Allows Arbitration Despite Unstamped Agreements: Weatherford vs. Baker Hughes (2022) LEGAL ISSUE: Whether an arbitration agreement within an unstamped contract is enforceable. CASE TYPE: Arbitration Law Case Name: Weatherford Oil Tool Middle East Limited vs. Baker Hughes Singapore PTE & Other connected matters. Judgment Date: 20 October 2022 Date of the Judgment: 20

Supreme Court Allows Arbitration Despite Unstamped Agreements: Weatherford vs. Baker Hughes (20 October 2022) Read Post »

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