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 clarifies applicability of 2015 Arbitration Amendment Act in appointment of arbitrator: Shree Vishnu Constructions vs. Military Engineering Service (2023) LEGAL ISSUE: Applicability of the Arbitration and Conciliation (Amendment) Act, 2015, specifically Section 11(6A), to court proceedings for the appointment of an arbitrator. CASE TYPE: Arbitration Law Case Name: M/s. Shree Vishnu Constructions vs.
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
Supreme Court Upholds Arbitration in Development Agreement Dispute: Asian Avenues vs. Syed Shoukat Hussain (2023) LEGAL ISSUE: Whether a dispute regarding the cancellation of a development agreement can be referred to arbitration, or if it must be adjudicated by a civil court. CASE TYPE: Arbitration Law Case Name: M/S. Asian Avenues Pvt Ltd. vs. Sri
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 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) 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
