Supreme Court Invalidates Arbitral Tribunal: Ellora Paper Mills vs. State of Madhya Pradesh (2022) LEGAL ISSUE: Whether an arbitral tribunal consisting of employees of one party is valid under the Arbitration and Conciliation Act, 1996, specifically considering amendments regarding arbitrator neutrality. CASE TYPE: Arbitration Law Case Name: Ellora Paper Mills Limited vs. The State of […]
Supreme Court clarifies scope of Section 34(4) of the Arbitration Act in I-Pay Clearing Services vs. ICICI Bank (2022) LEGAL ISSUE: Scope of court’s power to remit an arbitral award to the tribunal under Section 34(4) of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law Case Name: I-Pay Clearing Services Private Limited vs.
Supreme Court Upholds High Court Decision on Arbitration Award Remission: I-Pay vs. ICICI Bank (2022) LEGAL ISSUE: Whether a court can remit an arbitral award to the tribunal under Section 34(4) of the Arbitration and Conciliation Act, 1996, when there is a lack of a finding on a key issue, or only when there are
Supreme Court clarifies the scope of Section 34(4) of the Arbitration Act in I-Pay Clearing Services vs. ICICI Bank (2022) Date of the Judgment: January 3, 2022 Citation: 2022 INSC 1 Judges: R. Subhash Reddy, J., Hrishikesh Roy, J. Can a court send an arbitration award back to the arbitrator for clarification if the award
Supreme Court Upholds Strict Time Limits for Challenging Arbitration Awards: Mahindra and Mahindra Financial Services Ltd. vs. Maheshbhai Tinabhai Rathod & Ors. (2021) LEGAL ISSUE: Whether the delay in filing a petition to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 can be condoned beyond the statutorily prescribed
Supreme Court quashes order passed by MSME Council for not following Arbitration Act: Jharkhand Urja Vikas Nigam Ltd. vs. State of Rajasthan (2021) LEGAL ISSUE: Whether the Micro and Small Enterprises Facilitation Council (MSEFC) can pass an order for payment without initiating proper arbitration proceedings as per the Arbitration and Conciliation Act, 1996. CASE TYPE:
Supreme Court Settles Jurisdiction in Works Contract Arbitration: M.P. Housing Board vs. K.P. Dwivedi (2021) LEGAL ISSUE: Whether a fresh arbitration reference is maintainable before the Madhya Pradesh Arbitration Tribunal when an earlier arbitration award by a court-appointed arbitrator for the same dispute exists. CASE TYPE: Arbitration Law, Works Contract Case Name: M.P. Housing and
Supreme Court Allows Delayed Claim in Insolvency Case: GPR Power Solutions vs. Supriyo Chaudhuri (2021) LEGAL ISSUE: Whether the delay in filing a claim by a creditor in the Corporate Insolvency Resolution Process (CIRP) can be condoned, considering the Supreme Court’s orders on extending limitation periods during the COVID-19 pandemic. CASE TYPE: Insolvency Law Case
Supreme Court Partially Upholds Arbitration Award in Saluja Construction vs. Northern Coalfields Dispute (2021) LEGAL ISSUE: Whether an arbitrator can expand the scope of arbitration to include disputes beyond the specific contract referenced in the arbitration agreement. CASE TYPE: Arbitration Law Case Name: Saluja Construction Company vs. Northern Coalfields Limited [Judgment Date]: 25 November 2021
Supreme Court Appoints New Arbitrator in Contract Dispute: M/s. Narinder Singh and Sons vs. Union of India (2021) LEGAL ISSUE: Whether an arbitral award should be set aside for violating principles of natural justice and not providing sufficient opportunity to present a case. CASE TYPE: Arbitration. Case Name: M/s. Narinder Singh and Sons vs. Union
Supreme Court Clarifies Liquidated Damages and Time Essence in Contracts: Welspun vs. ONGC (2021) LEGAL ISSUE: Whether time was of the essence in the contract and the validity of imposing liquidated damages. CASE TYPE: Contract Law, Arbitration Case Name: Welspun Specialty Solutions Limited vs. Oil and Natural Gas Corporation Ltd. Judgment Date: 13 November 2021
Supreme Court Upholds Setting Aside of Arbitral Award in Business Dispute: Ratnam Sudesh Iyer vs. Jackie Kakubhai Shroff (2021) LEGAL ISSUE: Whether an arbitral award can be set aside for being in conflict with the fundamental policy of Indian law. CASE TYPE: Arbitration Case Name: Ratnam Sudesh Iyer vs. Jackie Kakubhai Shroff [Judgment Date]: November
