LEGAL ISSUE: Whether an Arbitral Tribunal’s interim orders are enforceable and whether contempt of such orders falls under the ambit of Section 27(5) of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law. Case Name: Alka Chandewar vs. Shamshul Ishrar Khan. Judgment Date: July 6, 2017 Introduction Date of the Judgment: July 6, 2017 […]
LEGAL ISSUE: Whether the High Court erred in dismissing an arbitration appeal without proper consideration of facts and legal grounds. CASE TYPE: Arbitration Law Case Name: The Navnirman Development Consultants (I) Pvt. Ltd. vs. The Divisional Commissioner & President District Sports Complex Executive Committee [Judgment Date]: July 05, 2017 Date of the Judgment: July 05,
LEGAL ISSUE: Whether an arbitrator can award price escalation beyond the original contract period and grant interest for the pre-reference period under the Arbitration Act, 1940. CASE TYPE: Arbitration Case Name: Assam State Electricity Board and Ors. vs. Buildworth Pvt. Ltd. [Judgment Date]: July 4, 2017 Introduction Date of the Judgment: July 4, 2017 Citation:
LEGAL ISSUE: Whether an individual disqualified from acting as an arbitrator can nominate another arbitrator. CASE TYPE: Arbitration Law Case Name: TRF Ltd. vs. Energo Engineering Projects Ltd. Judgment Date: 03 July 2017 Introduction Date of the Judgment: 03 July 2017 Citation: Civil Appeal No. 5306 of 2017 (@ S.L.P. (C) NO. 22912 OF 2016)
Can a court overturn an arbitral award because of non-production of documents, even if those documents were actually produced? The Supreme Court of India addressed this question in a dispute between Kamrup Industrial Gases Ltd. and the Union of India. This case revolves around a contract for the supply of industrial gases and the subsequent
Can a suit be dismissed for misjoinder of parties when the causes of action are related? The Supreme Court of India addressed this question in a case involving a construction agreement and a subsequent oral agreement. The Court also clarified the applicability of an arbitration clause in such situations. This judgment clarifies the rules of
Can a court accept a bid in an auction if the offered price, after deducting taxes, falls below the reserve price? The Supreme Court of India addressed this question in a recent case concerning the sale of metallurgical coke. This case highlights the importance of ensuring fair value in court-ordered auctions. The judgment was delivered
Can a state government provide a separate mechanism for recovering dues under the Micro, Small and Medium Enterprises Development Act, 2006, that differs from the standard procedure under the Arbitration and Conciliation Act, 1996? The Supreme Court of India addressed this question in a case concerning the validity of a rule allowing recovery of dues
Date of the Judgment: May 10, 2013 Judges: Altamas Kabir, CJI and Surinder Singh Nijjar, J. Citation: (2013) INSC 341 Can an arbitration agreement remain valid even if the main contract containing it is declared void? The Supreme Court of India addressed this crucial question in a case involving a real estate development project. The
Date of the Judgment: 07th September 2009 Citation: Where available, provide the case citation in the Indian Supreme Court (INSC) format. Judges: Markandey Katju, J., Asok Kumar Ganguly, J. When disputes arise in construction contracts, can an arbitrator’s decision be challenged if it seems to contradict clauses in the original agreement? The Supreme Court of
Introduction Date of the Judgment: October 01, 2008 Judges: Tarun Chatterjee, J., Dalveer Bhandari, J. Does the absence of a formal signed agreement negate the existence of an arbitration agreement when parties have acted upon the terms of a tender containing an arbitration clause? The Supreme Court of India addressed this critical question in a
Introduction Date of the Judgment: September 23, 2008 Judges: Tarun Chatterjee, J., Dalveer Bhandari, J. When disputes arise in international commercial agreements, how should courts approach arbitration clauses? This question was addressed by the Supreme Court of India in a case between M/s Shakti Bhog Foods Limited and Kola Shipping Limited. The core issue revolved
