Supreme Court Upholds Arbitrator’s Power to Award Interest Pendente Lite: Raveechee and Co. vs. Union of India (2018) LEGAL ISSUE: Whether a clause in a contract barring interest on certain amounts also restricts an arbitrator’s power to award interest pendente lite. CASE TYPE: Arbitration Law. Case Name: M/s Raveechee and Co. vs. Union of India. […]
Supreme Court Clarifies Interconnected Agreements in Arbitration: Ameet Lalchand Shah vs. Rishabh Enterprises (2018) LEGAL ISSUE: Whether multiple agreements related to a single commercial project can be referred to arbitration even if not all agreements contain an arbitration clause. CASE TYPE: Arbitration Law Case Name: Ameet Lalchand Shah and Others vs. Rishabh Enterprises and Another
Supreme Court Clarifies Arbitration Clause in Insurance Policy Disputes: Oriental Insurance vs. Narbheram Power (2018) LEGAL ISSUE: Interpretation of arbitration clauses in insurance policies, specifically when the insurer denies liability. CASE TYPE: Arbitration Law, Insurance Law Case Name: Oriental Insurance Company Limited vs. M/s Narbheram Power and Steel Pvt. Ltd. Judgment Date: May 02, 2018
Supreme Court clarifies applicability of Arbitration Act, 1996 despite reference to 1940 Act: Purushottam vs. Anil (2018) LEGAL ISSUE: Whether a reference to the Arbitration Act, 1940 in a partnership agreement entered after the enactment of the Arbitration and Conciliation Act, 1996, invalidates the arbitration clause. CASE TYPE: Arbitration Law Case Name: Purushottam s/o Tulsiram
Supreme Court refers the issue of “seat” vs “venue” in international commercial arbitration to a larger bench LEGAL ISSUE: Determination of the “seat” of arbitration when the agreement specifies the “venue” but not the “seat” in international commercial arbitration. CASE TYPE: Arbitration Law Case Name: Union of India vs. Hardy Exploration and Production (India) INC
Supreme Court Upholds Arbitral Award Against Non-Signatory: Cheran Properties vs. Kasturi & Sons (2018) LEGAL ISSUE: Whether an arbitral award can be enforced against a non-signatory to an arbitration agreement, particularly a nominee of a party to the agreement. CASE TYPE: Arbitration and Company Law Case Name: Cheran Properties Limited vs. Kasturi and Sons Limited
Supreme Court Directs Timely Disposal of Arbitration Cases under M.P. Act, 1983 LEGAL ISSUE: Ensuring timely disposal of arbitration proceedings under the M.P. Madhyastham Adhikaran Adhiniyam, 1983. CASE TYPE: Arbitration Law Case Name: M/s Essel Infra Projects Ltd. vs. State of Madhya Pradesh [Judgment Date]: April 19, 2018 Date of the Judgment: April 19, 2018
Supreme Court Directs Timely Disposal of Arbitration Cases under M.P. Act, 1983 Read Post »
Supreme Court Upholds Contractual Bar on Wage Escalation: Union of India vs. Varindera Constructions Ltd. (2018) LEGAL ISSUE: Whether a contractor can claim additional costs for increased labor wages due to statutory hikes, despite a contractual clause prohibiting such claims. CASE TYPE: Arbitration Law Case Name: Union of India vs. M/s. Varindera Constructions Ltd. [Judgment
Supreme Court Upholds Arbitration Award in Power Plant Refurbishment Dispute, Modifying Bank Guarantee Refund: M.P. Power Generation Co. Ltd. vs. Ansaldo Energia SPA (2018) Date of the Judgment: April 16, 2018 Citation: 2018 INSC 316 Judges: S.A. Bobde, J., L. Nageswara Rao, J. Can a party avoid a contract if they were misled about the
Supreme Court Appoints Arbitrator in IBI Consultancy vs. DSC Limited Dispute (2018) LEGAL ISSUE: Appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Case Name: IBI Consultancy India Private Limited vs. DSC Limited [Judgment Date]: April 16, 2018 Introduction Date of the Judgment: April 16, 2018 Citation:
Supreme Court Appoints Arbitrator in IBI Consultancy vs. DSC Limited Dispute (2018) Read Post »
Supreme Court Clarifies Umpire’s Role in Arbitration: Oswal Woollen Mills vs. Oswal Agro Mills (2018) LEGAL ISSUE: Scope of an Umpire’s role and the meaning of “de novo” hearing in arbitration proceedings when arbitrators disagree. CASE TYPE: Arbitration Law Case Name: M/s Oswal Woollen Mills Ltd. vs. M/s Oswal Agro Mills Ltd. [Judgment Date]: April
Supreme Court Upholds Limitation on Challenging Arbitration Award: AnilKumar vs. Pravinchandra (2018) LEGAL ISSUE: Limitation period for challenging an arbitral award. CASE TYPE: Arbitration Law Case Name: Anilkumar Jinabhai Patel (D) Thr. LRs. vs. Pravinchandra Jinabhai Patel and Ors. Judgment Date: 27 March 2018 Introduction Date of the Judgment: 27 March 2018 Citation: 2018 INSC
