Supreme Court Appoints New Arbitrator in Sunil Jain Case: Arbitration Dispute (19 October 2022) LEGAL ISSUE: Appointment of a new arbitrator due to the death of the previously appointed arbitrator. CASE TYPE: Arbitration. Case Name: Sunil Jain (D) Thr. LRs. and Anr. vs. Chandra Kala & Anr. Judgment Date: 19 October 2022 Date of the […]
Supreme Court clarifies arbitrability of disputes under specific contract clauses: Emaar India Ltd. vs. Tarun Aggarwal Projects LLP (2022) LEGAL ISSUE: Whether a dispute falls under an arbitration clause or an exception clause within a contract. CASE TYPE: Arbitration Case Name: M/s. EMAAR INDIA LTD. VERSUS TARUN AGGARWAL PROJECTS LLP & ANR. [Judgment Date]: 30
Supreme Court Allows Withdrawal of CIRP Application Before CoC Formation LEGAL ISSUE: Whether an application for Corporate Insolvency Resolution Process (CIRP) can be withdrawn before the constitution of the Committee of Creditors (CoC). CASE TYPE: Insolvency Law Case Name: Ashok G. Rajani vs. Beacon Trusteeship Ltd. & Ors. Judgment Date: 22 September 2022 Introduction Date
Supreme Court Holds Singh Brothers in Contempt for Asset Diversion in Daiichi Sankyo Case LEGAL ISSUE: Contempt of Court for violating orders and undertakings related to asset preservation in an international arbitration enforcement. CASE TYPE: Civil Contempt, Arbitration Enforcement Case Name: M/s. Daiichi Sankyo Company Limited vs. Oscar Investments Limited & Ors. Judgment Date: 22
Supreme Court Upholds Interim Order for Deposit of Awarded Amount in Arbitration Case: Sepco vs. Power Mech LEGAL ISSUE: Whether a court can order a party to deposit the full arbitral award amount as a condition for staying the award’s enforcement. CASE TYPE: Arbitration Law Case Name: Sepco Electric Power Construction Corporation vs. Power Mech
Supreme Court Upholds Interim Relief in Arbitration: Essar House vs. Arcellor Mittal (2022) LEGAL ISSUE: Whether a court, while granting interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, is strictly bound by the procedural requirements of the Code of Civil Procedure, 1908 (CPC), particularly Order XXXVIII Rule 5. CASE TYPE: Arbitration
Supreme Court Upholds Arbitration Clause Despite Missing “Final and Binding” Wording in Development Agreement: Babanrao Rajaram Pund vs. M/s. Samarth Builders & Developers (2022) LEGAL ISSUE: Whether a clause in a development agreement constitutes a valid arbitration agreement even if it does not explicitly state that the arbitrator’s decision will be “final and binding.” CASE
Supreme Court Clarifies Tender Disqualification Based on Prior Contract Termination: Adani Ports Case (2022) LEGAL ISSUE: Whether termination of a prior concession agreement can be a ground for disqualification in subsequent tenders. CASE TYPE: Contract Law, Tender Law Case Name: Adani Ports and Special Economic Zone Limited vs. The Board of Trustees of Jawaharlal Nehru
Supreme Court Clarifies Arbitrator’s Power on Post-Award Interest in Morgan Securities vs. Videocon Industries (2022) LEGAL ISSUE: Scope of arbitrator’s discretion to award post-award interest under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law Case Name: Morgan Securities And Credits Pvt. Ltd. vs. Videocon Industries Ltd. Judgment Date: 01 September
Supreme Court Clarifies Arbitration Agreement Requirements in Mahanadi Coalfields Case (25 July 2022) LEGAL ISSUE: Whether a clause titled “Settlement of Disputes/Arbitration” that provides for dispute resolution at the company level and refers to courts of law for other disputes constitutes a valid arbitration agreement. CASE TYPE: Arbitration Law Case Name: Mahanadi Coalfields Ltd &
Supreme Court Clarifies Jurisdictional Issues in Arbitration: General Manager East Coast Railway vs. Hindustan Construction Co. Ltd. (2022) LEGAL ISSUE: Determining the correct jurisdiction for arbitration proceedings when prior applications have been filed in a different court. CASE TYPE: Arbitration Law Case Name: General Manager East Coast Railway Rail Sadan & Anr. vs. Hindustan Construction
Supreme Court clarifies the scope of ‘Notified Claims’ in Arbitration: Indian Oil Corporation Ltd. vs. NCC Ltd. (2022) Date of the Judgment: 20 July 2022 Citation: (2022) INSC 614 Judges: M.R. Shah, J., B.V. Nagarathna, J. Can a dispute regarding whether a claim qualifies as a ‘Notified Claim’ under a contract be decided by an
