Arbitration Law

Supreme Court Upholds Dismissal of Arbitration Petition Due to Appellant’s Inaction: Durga Welding Works vs. Chief Engineer, Railway Electrification (2022)

/ Abhay S. Oka, Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Judges

Supreme Court Upholds Dismissal of Arbitration Petition Due to Appellant’s Inaction: Durga Welding Works vs. Chief Engineer, Railway Electrification (2022) Date of the Judgment: 04 January 2022 Citation: (2022) INSC 1 Judges: Justice Ajay Rastogi and Justice Abhay S. Oka. The judgment was authored by Justice Ajay Rastogi. Can a party, after filing an arbitration […]

Supreme Court Upholds Dismissal of Arbitration Petition Due to Appellant’s Inaction: Durga Welding Works vs. Chief Engineer, Railway Electrification (2022) Read Post »

Supreme Court Invalidates Arbitral Tribunal Composition: Ellora Paper Mills vs. State of Madhya Pradesh (2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 12(5), Arbitration and Conciliation Act, 1996 with Seventh Schedule, B.V. Nagarathna, Constitutional Law, Judges, Judicial Review, M.R. Shah

Supreme Court Invalidates Arbitral Tribunal: Ellora Paper Mills vs. State of Madhya Pradesh (2022) Date of the Judgment: January 04, 2022 Citation: 2022 INSC 14 Judges: M.R. Shah, J. and B.V. Nagarathna, J. Can an arbitral tribunal composed of officers of one of the disputing parties be considered valid under the Arbitration and Conciliation Act,

Supreme Court Invalidates Arbitral Tribunal Composition: Ellora Paper Mills vs. State of Madhya Pradesh (2022) Read Post »

Supreme Court Declares Government Employee Arbitrators Ineligible Under Amended Arbitration Act: Ellora Paper Mills vs. State of Madhya Pradesh (2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 12, Arbitration and Conciliation Act, 1996 with Seventh Schedule, Arbitrator's Impartiality, B.V. Nagarathna, Judges, M.R. Shah

Supreme Court Declares Government Employee Arbitrators Ineligible Under Amended Arbitration Act: Ellora Paper Mills vs. State of Madhya Pradesh (2022) LEGAL ISSUE: Whether government employees can act as arbitrators in disputes involving the government, considering amendments to the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law Case Name: Ellora Paper Mills Limited vs. The

Supreme Court Declares Government Employee Arbitrators Ineligible Under Amended Arbitration Act: Ellora Paper Mills vs. State of Madhya Pradesh (2022) Read Post »

Supreme Court Invalidates Arbitral Tribunal: Ellora Paper Mills vs. State of Madhya Pradesh (2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 12(5), Arbitration and Conciliation Act, 1996 with Seventh Schedule, B.V. Nagarathna, Judges, M.R. Shah

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 Invalidates Arbitral Tribunal: Ellora Paper Mills vs. State of Madhya Pradesh (2022) Read Post »

Supreme Court Upholds High Court Decision on Arbitration Award Remission: I-Pay vs. ICICI Bank (2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration Law, Curable Defects, Hrishikesh Roy, Judges, Patent Illegality, R. Subhash Reddy, Remission of Arbitral Award

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 Upholds High Court Decision on Arbitration Award Remission: I-Pay vs. ICICI Bank (2022) Read Post »

Supreme Court clarifies scope of Section 34(4) of the Arbitration and Conciliation Act, 1996 in I-Pay Clearing Services vs. ICICI Bank (2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Hrishikesh Roy, Judges, Patent Illegality in Arbitral Award, R. Subhash Reddy, Remission of Arbitral Award

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 clarifies scope of Section 34(4) of the Arbitration and Conciliation Act, 1996 in I-Pay Clearing Services vs. ICICI Bank (2022) Read Post »

Supreme Court clarifies the scope of Section 34(4) of the Arbitration and Conciliation Act, 1996: I-Pay Clearing Services vs. ICICI Bank (2022)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Hrishikesh Roy, Judges, R. Subhash Reddy, Recourse Against Arbitral Award

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 clarifies the scope of Section 34(4) of the Arbitration and Conciliation Act, 1996: I-Pay Clearing Services vs. ICICI Bank (2022) Read Post »

Supreme Court Upholds Strict Time Limits for Challenging Arbitration Awards: Mahindra and Mahindra Financial Services Ltd. vs. Maheshbhai Tinabhai Rathod & Ors. (16 December 2021)

/ A.S. Bopanna, Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34(3), Hima Kohli, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 5, N.V. Ramana

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 Upholds Strict Time Limits for Challenging Arbitration Awards: Mahindra and Mahindra Financial Services Ltd. vs. Maheshbhai Tinabhai Rathod & Ors. (16 December 2021) Read Post »

Supreme Court quashes order passed by MSME Council for not following Arbitration Act: Jharkhand Urja Vikas Nigam Ltd. vs. State of Rajasthan (2021)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 34, Dispute Resolution, Indira Banerjee, Judges, Micro, Small and Medium Enterprises Development Act, 2006, MSMED Act with Section 18, R. Subhash Reddy

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 quashes order passed by MSME Council for not following Arbitration Act: Jharkhand Urja Vikas Nigam Ltd. vs. State of Rajasthan (2021) Read Post »

Supreme Court settles jurisdiction in works contract arbitration: M.P. Housing Board vs. K.P. Dwivedi (2021)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 34, B.V. Nagarathna, Judges, M. R. Shah, Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, Works Contract

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 settles jurisdiction in works contract arbitration: M.P. Housing Board vs. K.P. Dwivedi (2021) Read Post »

Supreme Court allows delayed claim in Insolvency Case: GPR Power Solutions vs. Supriyo Chaudhuri (29 November 2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 34, Constitutional Law, Constitutional Law with Article 141, Constitutional Law with Article 142, Corporate Insolvency Resolution Process, Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 60(5), Insolvency and Bankruptcy Code, 2016 with Section 7, J.K. Maheshwari, Judges

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 allows delayed claim in Insolvency Case: GPR Power Solutions vs. Supriyo Chaudhuri (29 November 2021) Read Post »

Supreme Court Partially Upholds Arbitration Award in Saluja Construction vs. Northern Coalfields Dispute (25 November 2021)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 20, Arbitration Law with Section 8, Judges, M.R. Shah, Sanjiv Khanna

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 Partially Upholds Arbitration Award in Saluja Construction vs. Northern Coalfields Dispute (25 November 2021) Read Post »

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