Arbitration Law

Supreme Court Upholds Departmental Arbitrator Appointment in Construction Contract Dispute: SP Singla Constructions vs. State of Himachal Pradesh (2018)

/ Arbitration and Conciliation Act, 1996, Arbitration Clause, Arbitration Law, Arbitration Law with Section 11(6), Arbitration Law with Section 26, Construction Contracts, Contract Law, Indira Banerjee, Judges, R. Banumathi

Supreme Court Upholds Departmental Arbitrator Appointment in Construction Contract Dispute LEGAL ISSUE: Whether a departmental employee can be appointed as an arbitrator as per the arbitration clause in a contract, and whether the 2015 Amendment to the Arbitration and Conciliation Act, 1996 applies to arbitral proceedings commenced before the amendment. CASE TYPE: Arbitration Law Case […]

Supreme Court Upholds Departmental Arbitrator Appointment in Construction Contract Dispute: SP Singla Constructions vs. State of Himachal Pradesh (2018) Read Post »

Supreme Court Sets Aside High Court Order on Post-Award Application in Arbitration Case (30 November 2018)

/ Arbitration Law, Arbitration Law with Section 34, Arbitration Law with Section 9, Dhananjaya Y. Chandrachud, Interim Measures, Judges, M.R. Shah

Supreme Court Sets Aside High Court Order on Post-Award Application in Arbitration Case LEGAL ISSUE: Whether a High Court can pass an order on a post-award application under Section 9 of the Arbitration and Conciliation Act, 1996 before the expiry of the limitation period for challenging the award under Section 34 of the same Act.

Supreme Court Sets Aside High Court Order on Post-Award Application in Arbitration Case (30 November 2018) Read Post »

Supreme Court Clarifies Scope of Dispute Resolution Clauses in Contracts: South Delhi Municipal Corporation vs. SMS AAMW Tollways Private Ltd (22 November 2018)

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration Law, Contract Law, Dispute Resolution Clauses, Interpretation of Contracts, Judges, L. Nageswara Rao, S.A. Bobde

Supreme Court Clarifies Scope of Dispute Resolution Clauses in Contracts: South Delhi Municipal Corporation vs. SMS AAMW Tollways Private Ltd (2018) LEGAL ISSUE: Whether a clause providing for an appeal to a higher authority within an organization constitutes an arbitration agreement. CASE TYPE: Arbitration Law Case Name: South Delhi Municipal Corporation vs. SMS AAMW Tollways

Supreme Court Clarifies Scope of Dispute Resolution Clauses in Contracts: South Delhi Municipal Corporation vs. SMS AAMW Tollways Private Ltd (22 November 2018) Read Post »

Supreme Court Upholds Enforcement of Foreign Award Despite Initial Document Deficiency: PEC Ltd. vs. Austbulk Shipping (2018)

/ A.M. Khanwilkar, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 47, Enforcement of Foreign Awards, Judges, L. Nageswara Rao

Supreme Court Upholds Enforcement of Foreign Award Despite Initial Document Deficiency: PEC Ltd. vs. Austbulk Shipping (2018) LEGAL ISSUE: Whether an application for enforcement of a foreign arbitral award can be dismissed for not including the original arbitration agreement at the time of filing. CASE TYPE: Arbitration Law Case Name: P.E.C. Limited vs. Austbulk Shipping

Supreme Court Upholds Enforcement of Foreign Award Despite Initial Document Deficiency: PEC Ltd. vs. Austbulk Shipping (2018) Read Post »

Supreme Court Enforces Arbitration Clause in Bill of Lading: Caravel Shipping vs. Premier Sea Foods (2018)

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 7, Arbitration and Conciliation Act, 1996 with Section 8, Constitutional Law, Constitutional Law with Article 227, Judges, Navin Sinha, R.F. Nariman

Supreme Court Enforces Arbitration Clause in Bill of Lading: Caravel Shipping vs. Premier Sea Foods (2018) Date of the Judgment: October 29, 2018 Citation: (2018) INSC 968 Judges: R.F. Nariman, J. and Navin Sinha, J. Can a party be bound by an arbitration clause in a Bill of Lading, even if the clause is in

Supreme Court Enforces Arbitration Clause in Bill of Lading: Caravel Shipping vs. Premier Sea Foods (2018) Read Post »

Supreme Court clarifies “International Commercial Arbitration” in Consortium Agreements: Larsen and Toubro vs. MMRDA (2018)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 2(1)(f), International Commercial Arbitration, Judges, Navin Sinha, R.F. Nariman

Supreme Court clarifies “International Commercial Arbitration” in Consortium Agreements: Larsen and Toubro vs. MMRDA (2018) LEGAL ISSUE: Whether a consortium agreement between an Indian company and a foreign company constitutes an “international commercial arbitration” under Section 2(1)(f) of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Case Name: M/S LARSEN AND TOUBRO LIMITED SCOMI

Supreme Court clarifies “International Commercial Arbitration” in Consortium Agreements: Larsen and Toubro vs. MMRDA (2018) Read Post »

Supreme Court clarifies “seat” vs. “venue” in international arbitration: Union of India vs. Hardy Exploration (2018)

/ A.M. Khanwilkar, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, D.Y. Chandrachud, Dipak Misra, Judges, UNCITRAL Model Law, UNCITRAL Model Law with Article 20, UNCITRAL Model Law with Article 31(3)

Supreme Court clarifies “seat” vs. “venue” in international arbitration: Union of India vs. Hardy Exploration (2018) LEGAL ISSUE: Clarification of the distinction between “seat” and “venue” in international commercial arbitration agreements, particularly concerning the jurisdiction of Indian courts. CASE TYPE: Arbitration Law Case Name: Union of India vs. Hardy Exploration and Production (India) INC [Judgment

Supreme Court clarifies “seat” vs. “venue” in international arbitration: Union of India vs. Hardy Exploration (2018) Read Post »

Supreme Court Appoints Arbitrator in Shipping Dispute: Trans Asian Shipping vs. Beacon Shipping (2018)

/ A.M. Khanwilkar, Agency Agreement, Appointment of Arbitrator, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 11(9), Arbitration Law, Contract Law, D.Y. Chandrachud, Dipak Misra, Judges

Supreme Court Appoints Arbitrator in Shipping Dispute: Trans Asian Shipping vs. Beacon Shipping (2018) Date of the Judgment: September 19, 2018 Citation: Not Available Judges: Dipak Misra, CJI, A.M. Khanwilkar, J., Dr. D.Y. Chandrachud, J. Can a party compel another to arbitration when a dispute arises from a commercial agreement? The Supreme Court of India

Supreme Court Appoints Arbitrator in Shipping Dispute: Trans Asian Shipping vs. Beacon Shipping (2018) Read Post »

Supreme Court clarifies the nature of Section 34(5) of the Arbitration and Conciliation Act, 1996: State of Bihar & Ors. vs. Bihar Rajya Bhumi Vikas Bank Samiti (30 July 2018)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 34(5), Arbitration and Conciliation Act, 1996 with Section 34(6), Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 80, Indu Malhotra, Judges, R.F. Nariman

Supreme Court Clarifies Mandatory Nature of Section 34(5) of the Arbitration Act in Bihar Rajya Bhumi Vikas Bank Samiti vs State of Bihar (2018) Date of the Judgment: 30 July 2018 Citation: (2018) INSC 694 Judges: R.F. Nariman, J., Indu Malhotra, J. Can a procedural lapse in filing an application under Section 34 of the

Supreme Court clarifies the nature of Section 34(5) of the Arbitration and Conciliation Act, 1996: State of Bihar & Ors. vs. Bihar Rajya Bhumi Vikas Bank Samiti (30 July 2018) Read Post »

Supreme Court Clarifies Arbitration Clause Requirements in Share Sale Agreement: Shyam Sunder Agarwal vs. P. Narotham Rao (2018)

/ Arbitration Agreement, Arbitration Law, Breach of contract, Contract Interpretation, Contract Law, Indu Malhotra, Judges, Memorandum of Understanding, R.F. Nariman

Supreme Court Clarifies Arbitration Clause Requirements in Share Sale Agreement: Shyam Sunder Agarwal vs. P. Narotham Rao (2018) LEGAL ISSUE: Whether a clause in a Memorandum of Understanding (MoU) constitutes a valid arbitration agreement. CASE TYPE: Arbitration Law Case Name: Shyam Sunder Agarwal vs. P. Narotham Rao and Ors. Judgment Date: July 23, 2018 Date

Supreme Court Clarifies Arbitration Clause Requirements in Share Sale Agreement: Shyam Sunder Agarwal vs. P. Narotham Rao (2018) Read Post »

Supreme Court Upholds Termination of Dealership: Indian Oil Corporation Ltd. vs. T. Natarajan (2018)

/ Abhay Manohar Sapre, Administrative Law, Arbitration, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Constitution of India, Constitution of India with Article 226, Constitution of India with Article 227, Contract Law, Dealership Agreements, Judges, Uday Umesh Lalit

Supreme Court Upholds Termination of Dealership: Indian Oil Corporation Ltd. vs. T. Natarajan (2018) Date of the Judgment: July 17, 2018 Citation: Indian Oil Corporation Ltd. & Anr. v. T. Natarajan, Civil Appeal No. 6748 of 2018, arising out of SLP (C) No. 33100 of 2015 Judges: Abhay Manohar Sapre, J., Uday Umesh Lalit, J.

Supreme Court Upholds Termination of Dealership: Indian Oil Corporation Ltd. vs. T. Natarajan (2018) Read Post »

Right of First Refusal Requires Participation in Tender: Supreme Court Rules in National Highways Authority of India vs. Gwalior Jhansi Expressway Limited (2018)

/ A.M. Khanwilkar, Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 17, Contract Law, Contract Law with Right of First Refusal, D.Y. Chandrachud, Dipak Misra, Judges, Tender Process

Supreme Court on Right of First Refusal in Tender Process: National Highways Authority of India vs. Gwalior Jhansi Expressway Limited (2018) LEGAL ISSUE: Whether the Right of First Refusal (ROFR) can be exercised without participating in a tender process. CASE TYPE: Arbitration Law, Contract Law Case Name: National Highways Authority of India vs. Gwalior Jhansi

Right of First Refusal Requires Participation in Tender: Supreme Court Rules in National Highways Authority of India vs. Gwalior Jhansi Expressway Limited (2018) Read Post »

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