Arbitration Law

Supreme Court Upholds Arbitration Award in Contract Dispute: Maharashtra State Electricity Distribution Company Ltd. vs. M/S. Datar Switchgear Limited & Ors. (18 January 2018)

/ A.K. Sikri, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Ashok Bhushan, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 39, Indian Contract Act, 1872 with Section 53, Indian Contract Act, 1872 with Section 63, Judges

Supreme Court Upholds Arbitration Award in Maharashtra State Electricity Distribution Company Ltd. vs. M/S. Datar Switchgear Limited & Ors. (2018) LEGAL ISSUE: Whether the Arbitral Tribunal’s award was justified in holding Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) liable for breach of contract due to non-supply of location lists, and whether the damages awarded were […]

Supreme Court Upholds Arbitration Award in Contract Dispute: Maharashtra State Electricity Distribution Company Ltd. vs. M/S. Datar Switchgear Limited & Ors. (18 January 2018) Read Post »

Supreme Court clarifies incorporation of arbitration clause by reference to standard terms: Inox Wind Ltd. vs. Thermocables Ltd. (2018)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 7(5), Judges, L. Nageswara Rao, S.A. Bobde

Supreme Court Clarifies Incorporation of Arbitration Clauses in Contracts: Inox Wind Ltd. vs. Thermocables Ltd. (2018) LEGAL ISSUE: Whether a general reference to standard terms and conditions in a contract is sufficient to incorporate an arbitration clause. CASE TYPE: Arbitration Law Case Name: M/S. INOX WIND LTD. vs M/S THERMOCABLES LTD. Judgment Date: 05 January

Supreme Court clarifies incorporation of arbitration clause by reference to standard terms: Inox Wind Ltd. vs. Thermocables Ltd. (2018) Read Post »

Supreme Court Upholds Arbitral Award of Interest: Union of India vs. M/s. Susaka Pvt. Ltd. (2017)

/ Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996 with Section 11(5), Arbitration and Conciliation Act, 1996 with Section 31(7), Arbitration and Conciliation Act, 1996 with Section 34, Arbitration Law, Contract Law, Contract Law with Clause 13(3), General Conditions of Contract, Judges, Navin Sinha

LEGAL ISSUE: Whether an arbitral tribunal can award interest on claims when the contract contains a clause prohibiting interest, and whether such an issue can be raised for the first time in appeal. CASE TYPE: Arbitration Law Case Name: Union of India vs. M/s. Susaka Pvt. Ltd. & Ors. Judgment Date: 08 December 2017 Date

Supreme Court Upholds Arbitral Award of Interest: Union of India vs. M/s. Susaka Pvt. Ltd. (2017) Read Post »

Supreme Court Upholds Arbitrator’s Award in Construction Contract Dispute: Sutlej Construction vs. Union Territory of Chandigarh (2017)

/ Arbitration & Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 34, J. Chelameswar, Judges, Sanjay Kishan Kaul

LEGAL ISSUE: Whether the High Court can re-appreciate evidence to overturn an arbitrator’s award. CASE TYPE: Arbitration Law Case Name: Sutlej Construction vs. Union Territory of Chandigarh [Judgment Date]: December 05, 2017 Introduction Date of the Judgment: December 05, 2017 Citation: (2017) INSC 1070 Judges: J. Chelameswar and Sanjay Kishan Kaul, JJ. Can a High

Supreme Court Upholds Arbitrator’s Award in Construction Contract Dispute: Sutlej Construction vs. Union Territory of Chandigarh (2017) Read Post »

Arbitration Award and Fraud: Supreme Court Addresses Public Policy in Venture Global vs. Tech Mahindra (2017)

/ Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996, Arbitration Law, Breach of contract, Contract Law, Indian Contract Act, 1872 with Section 17, J. Chelameswar, Joint Venture Agreement, Judges, Public Policy in Arbitration, Setting Aside Arbitral Award

LEGAL ISSUE: Whether an arbitration award can be set aside due to fraud and violation of public policy. CASE TYPE: Arbitration Law Case Name: Venture Global Engineering LLC vs. Tech Mahindra Ltd & Anr. Judgment Date: November 1, 2017 Introduction Date of the Judgment: November 1, 2017 Citation: 2017 INSC 934 Judges: J. Chelameswar and

Arbitration Award and Fraud: Supreme Court Addresses Public Policy in Venture Global vs. Tech Mahindra (2017) Read Post »

Supreme Court Upholds Civil Court Jurisdiction in Eviction Disputes: Himangni Enterprises vs. Kamaljeet Singh Ahluwalia (2017)

/ Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 8, Civil Law, Delhi Rent Act, 1955, Delhi Rent Act, 1955 with Section 3, Eviction, Judges, Jurisdiction, R.K. Agrawal, Tenancy Disputes

Can a civil court hear an eviction suit when the lease agreement has an arbitration clause? The Supreme Court of India addressed this critical question in Himangni Enterprises vs. Kamaljeet Singh Ahluwalia. This case clarifies that eviction matters, especially those involving statutory protections for tenants, fall under the jurisdiction of civil courts, not arbitrators. The

Supreme Court Upholds Civil Court Jurisdiction in Eviction Disputes: Himangni Enterprises vs. Kamaljeet Singh Ahluwalia (2017) Read Post »

Multiple Arbitral Tribunals Allowed: Supreme Court Decision in Duro Felguera vs. Gangavaram Port (2017)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 11, Arbitration Law with Section 11(6A), Contract Law, Contract Law with Incorporation by Reference, Judges, Kurian Joseph, Memorandum of Understanding, R. Banumathi

LEGAL ISSUE: Whether a single arbitral tribunal can be constituted for multiple contracts arising from the same project, or if separate tribunals are required for each contract. CASE TYPE: Arbitration Law Case Name: M/s. Duro Felguera, S.A. vs. M/s. Gangavaram Port Limited Judgment Date: 10 October 2017 Introduction Date of the Judgment: 10 October 2017

Multiple Arbitral Tribunals Allowed: Supreme Court Decision in Duro Felguera vs. Gangavaram Port (2017) Read Post »

Supreme Court clarifies interest on delayed payments in arbitration: Chittaranjan Maity vs. Union of India (2017)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 31(7)(a), Breach of contract, Contract Law, General Conditions of Contract, J. Chelameswar, Judges, S. Abdul Nazeer

Date of the Judgment: October 3, 2017 Citation: (2017) INSC 849 Judges: J. Chelameswar, S. Abdul Nazeer Can an arbitrator award interest on delayed payments when the contract explicitly prohibits it? The Supreme Court of India addressed this crucial question in a case concerning a railway construction contract. The court clarified the extent of an

Supreme Court clarifies interest on delayed payments in arbitration: Chittaranjan Maity vs. Union of India (2017) Read Post »

Supreme Court allows simultaneous SARFAESI and arbitration proceedings in loan recovery: M.D. Frozen Foods Exports Pvt. Ltd. vs Hero Fincorp Ltd. (21 September 2017)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 37(2)(b), Judges, Rohinton Fali Nariman, Sanjay Kishan Kaul, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13, SARFAESI Act, 2002 with Section 35, SARFAESI Act, 2002 with Section 37

LEGAL ISSUE: Whether arbitration and SARFAESI proceedings can occur simultaneously and if the SARFAESI Act applies to debts existing before the Act’s application to a Non-Banking Financial Company (NBFC). CASE TYPE: Loan Recovery/Banking Law Case Name: M.D. Frozen Foods Exports Pvt. Ltd. & Ors. vs. Hero Fincorp Ltd. Judgment Date: 21 September 2017 Can a

Supreme Court allows simultaneous SARFAESI and arbitration proceedings in loan recovery: M.D. Frozen Foods Exports Pvt. Ltd. vs Hero Fincorp Ltd. (21 September 2017) Read Post »

Supreme Court Clarifies Arbitral Tribunal’s Power to Recall Termination Orders in Arbitration Proceedings

/ A.K. Sikri, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 25, Arbitration and Conciliation Act, 1996 with Section 32, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 227, Judges, Termination of Proceedings

LEGAL ISSUE: Whether an arbitral tribunal has the power to recall its order terminating proceedings under Section 25(a) of the Arbitration and Conciliation Act, 1996, due to the claimant’s failure to file a statement of claim. CASE TYPE: Arbitration Law Case Name: SREI Infrastructure Finance Limited vs. Tuff Drilling Private Limited Judgment Date: 20 September

Supreme Court Clarifies Arbitral Tribunal’s Power to Recall Termination Orders in Arbitration Proceedings Read Post »

Supreme Court Upholds Contractual Arbitration Clause: Aravali Power Company vs. Era Infra Engineering (2017)

/ Adarsh Kumar Goel, Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 12, Arbitration Law with Section 13, Judges, Uday Umesh Lalit

LEGAL ISSUE: Whether an employee of a party to a contract can act as an arbitrator as per the arbitration clause in the contract, before the 2015 Amendment to the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law. Case Name: Aravali Power Company Pvt. Ltd. vs. M/S. Era Infra Engineering Ltd. Judgment Date: 12

Supreme Court Upholds Contractual Arbitration Clause: Aravali Power Company vs. Era Infra Engineering (2017) Read Post »

Supreme Court Upholds Arbitration Award: Punjab State Civil Supplies Corp. vs. Atwal Rice Mills (2017)

/ Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 35, Arbitration and Conciliation Act, 1996 with Section 36, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order 21 Rule 2, Judges, Order 21, Civil Procedure Code, 1908, R. Banumathi

LEGAL ISSUE: Enforceability of an arbitral award as a decree of a civil court. CASE TYPE: Arbitration Law. Case Name: Punjab State Civil Supplies Corporation Ltd. & Anr. vs. M/s Atwal Rice & General Mills Rep. by its Partners. [Judgment Date]: July 11, 2017 Introduction Date of the Judgment: July 11, 2017 Citation: (2017) INSC

Supreme Court Upholds Arbitration Award: Punjab State Civil Supplies Corp. vs. Atwal Rice Mills (2017) Read Post »

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