Supreme Court Upholds “Excepted Matter” Clause in Construction Contract: Mitra Guha Builders vs. ONGC (2019) LEGAL ISSUE: Whether the levy of pre-estimated liquidated damages by a Superintending Engineer, as per a contract clause, is an arbitrable matter or an “excepted matter.” CASE TYPE: Contract/Arbitration Law Case Name: M/S. MITRA GUHA BUILDERS (INDIA) COMPANY vs. OIL […]
Supreme Court Upholds Forfeiture of Security Deposit in Contract Dispute: Vijay Trading vs. Central Warehousing (2019) LEGAL ISSUE: Whether the forfeiture of a security deposit and detention of equipment by the Central Warehousing Corporation was justified due to a contractor’s failure to perform contractual obligations. CASE TYPE: Arbitration Case Name: M/s Vijay Trading and Transport
Supreme Court Appoints Sole Arbitrator in Dispute Between M/S. Shaf Broadcast Pvt. Ltd. and Doordarshan (2019) LEGAL ISSUE: Appointment of an arbitrator in an international commercial arbitration. CASE TYPE: Arbitration Case Name: M/S. Shaf Broadcast Pvt. Ltd. vs. Doordarshan – A Constituent of Prasar Bharti & Anr. Judgment Date: 7 November 2019 Introduction Date of
Supreme Court Allows CENVAT Credit Counterclaim in Arbitration: Bharat Petroleum Corp. Ltd. vs. Go Airlines (2019) LEGAL ISSUE: Whether an arbitrator has the jurisdiction to consider a counterclaim relating to CENVAT (Central Value Added Tax) credit in an arbitration proceeding. CASE TYPE: Arbitration Case Name: Bharat Petroleum Corporation Limited vs. Go Airlines (India) Limited [Judgment
Supreme Court Upholds Arbitral Award in Contract Termination Dispute: State of Jharkhand vs. M/s HSS Integrated SDN (2019) LEGAL ISSUE: Whether the termination of a contract by the State of Jharkhand was legal and in accordance with the terms of the contract. CASE TYPE: Arbitration Case Name: The State of Jharkhand & Ors. vs. M/s
Supreme Court clarifies the application of Section 14 of the Limitation Act in Arbitration Cases: Oriental Insurance Co. Ltd. vs. M/s Tejparas Associates & Exports Pvt. Ltd. (2019) LEGAL ISSUE: Whether the time spent in a court lacking jurisdiction can be excluded under Section 14 of the Limitation Act when re-presenting a petition in the
Can Parties Adduce Evidence in Section 34 Arbitration Cases? Supreme Court Clarifies. Date of the Judgment: September 23, 2019 Citation: (2019) INSC 924 Judges: R. Banumathi, J. and A.S. Bopanna, J. Can parties present new evidence when challenging an arbitration award under Section 34 of the Arbitration and Conciliation Act, 1996? The Supreme Court addressed
Supreme Court Clarifies Scope of Section 11(6A) of Arbitration Act: Mayavti Trading vs. Pradyuat Deb Burman (2019) Date of the Judgment: 05 September 2019 Citation: M/S Mayavti Trading Pvt. Ltd. vs. Pradyuat Deb Burman, Civil Appeal No.7023 of 2019 (Arising out of SLP (Civil) No. 8519 of 2019) Judges: Rohinton Fali Nariman, J., R. Subhash
Geo Miller & Co. Pvt. Ltd. vs. Rajasthan Vidyut Utpadan Nigam Ltd.: Supreme Court on Limitation in Arbitration LEGAL ISSUE: Whether arbitration claims are barred by limitation based on the date the cause of action arose or the date of dispute. CASE TYPE: Arbitration Law Case Name: M/s Geo Miller & Co. Pvt. Ltd. vs.
Supreme Court Clarifies Compensation Under National Highways Act: Union of India vs. Balwant Singh (2019) Date of the Judgment: September 03, 2019 Citation: Civil Appeal Nos. 6981-6982 of 2019 (Arising out of SLP (C) Nos. 10200-10201/2019) with Civil Appeal Nos. 6983-6984 of 2019 (Arising out of SLP (C) Nos. 11117-11118/2019) Judges: Justice Rohinton Fali Nariman
Supreme Court Clarifies Arbitration Scope After Compromise Decree: Zenith Drugs vs. Nicholas Piramal (2019) LEGAL ISSUE: Whether an arbitration clause in an initial contract can be invoked after a subsequent compromise decree has been reached between the parties. CASE TYPE: Arbitration Law Case Name: Zenith Drugs & Allied Agencies Pvt. Ltd. vs. M/s. Nicholas Piramal
Supreme Court Clarifies Jurisdiction in Arbitration Cases: Venue as Seat | 25 July 2019 Date of the Judgment: 25 July 2019 Citation: (2019) INSC 714 Judges: R. Banumathi, J. and A.S. Bopanna, J. Can a designated ‘venue’ of arbitration in an agreement be considered the ‘seat’ of arbitration, thereby conferring exclusive jurisdiction to the courts
